By:  Zaffirini                                         S.B. No. 212
       73R2131 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of medical rehabilitation services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 241, Health and Safety Code, is amended
    1-5  by adding Subchapter F to read as follows:
    1-6            SUBCHAPTER F.  MEDICAL REHABILITATION SERVICES
    1-7        Sec. 241.121.  DEFINITIONS.  In this subchapter:
    1-8              (1)  "Comprehensive medical rehabilitation services"
    1-9  means a combination of rehabilitation services provided to a person
   1-10  with a spinal cord injury, a brain injury, a stroke, multiple
   1-11  sclerosis, cerebral palsy, hemiplegia, quadriplegia, paraplegia, a
   1-12  chronic illness, a congenital defect, or other severe physical
   1-13  disability that requires an integrated and coordinated program of
   1-14  services to reduce the impact of the disability on the person.
   1-15              (2)  "Rehabilitation services" includes physical
   1-16  therapy, occupational therapy, audiology, speech-language
   1-17  pathology, psychology, neuropsychology, vocational rehabilitation,
   1-18  and the evaluation, diagnosis, or therapeutic or restorative
   1-19  treatment of the physical, psychosocial, vocational, or educational
   1-20  needs of a person with a disability to minimize the person's
   1-21  physical or cognitive impairments, prevent the person's
   1-22  institutionalization, maximize the person's functional ability, or
   1-23  restore the person's lost functional capacity.
   1-24        Sec. 241.122.  LICENSE REQUIRED.  Unless a person has a
    2-1  license issued under this chapter, a person may not provide
    2-2  inpatient comprehensive medical rehabilitation services to a
    2-3  patient who requires medical services that are provided under the
    2-4  supervision of a physician and that are more intensive than general
    2-5  nursing care and minor treatment.
    2-6        Sec. 241.123.  REHABILITATION SERVICES STANDARDS.  (a)  The
    2-7  board by rule may adopt standards for the provision of
    2-8  rehabilitation services by a hospital to ensure the health and
    2-9  safety of a patient receiving the services.
   2-10        (b)  A hospital shall prepare for each patient receiving
   2-11  inpatient rehabilitation services a written treatment plan designed
   2-12  for that patient's needs for treatment and care.  The board by rule
   2-13  shall specify a time after admission of a patient for inpatient
   2-14  rehabilitation services by which a hospital must evaluate the
   2-15  patient for the patient's initial treatment plan and by which a
   2-16  hospital must provide copies of the plan after evaluation.
   2-17        (c)  A hospital shall prepare for each patient receiving
   2-18  inpatient rehabilitation services a written continuing care plan
   2-19  that addresses the patient's needs for care after discharge,
   2-20  including recommendations for treatment and care and information
   2-21  about the availability of resources for treatment or care.  The
   2-22  board by rule shall specify the time before discharge by which the
   2-23  hospital must provide a copy of the continuing care plan.  The
   2-24  board's rules may allow a facility to provide the continuing care
   2-25  plan by a specified time after discharge if providing the plan
   2-26  before discharge is impracticable.
   2-27        (d)  A hospital shall provide a copy of a treatment or
    3-1  continuing care plan prepared under this section to the following
    3-2  persons in the person's primary language, if practicable:
    3-3              (1)  the patient;
    3-4              (2)  a person designated by the patient; and
    3-5              (3)  as specified by board rule, family members or
    3-6  other persons with responsibility for or demonstrated participation
    3-7  in the patient's care or treatment.
    3-8        (e)  Rules adopted by the board under this subchapter may not
    3-9  conflict with a federal rule, regulation, or standard.
   3-10        SECTION 2.  This Act takes effect September 1, 1993.
   3-11        SECTION 3.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency   and   an   imperative   public   necessity   that   the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended.