1-1  By:  Zaffirini, Moncrief, Harris of Tarrant            S.B. No. 212
    1-2        (In the Senate - Filed February 1, 1993; February 1, 1993,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 19, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 8, Nays 0;
    1-6  March 19, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla                                          x   
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 212                By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of medical rehabilitation services.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Chapter 241, Health and Safety Code, is amended
   1-24  by adding Subchapter F to read as follows:
   1-25            SUBCHAPTER F.  MEDICAL REHABILITATION SERVICES
   1-26        Sec. 241.121.  DEFINITION.  In this subchapter,
   1-27  "comprehensive medical rehabilitation" means the provision of
   1-28  rehabilitation services that are designed to improve or minimize a
   1-29  person's physical or cognitive disabilities, maximize a person's
   1-30  functional ability, or restore a person's lost functional capacity
   1-31  through close coordination of services, communication, interaction,
   1-32  and integration among several professions that share the
   1-33  responsibility to achieve team treatment goals for the person.
   1-34        Sec. 241.122.  LICENSE REQUIRED.  Unless a person has a
   1-35  license issued under this chapter, a person other than an
   1-36  individual may not provide inpatient comprehensive medical
   1-37  rehabilitation to a patient who requires medical services that are
   1-38  provided under the supervision of a physician and that are more
   1-39  intensive than nursing facility care and minor treatment.
   1-40        Sec. 241.123.  REHABILITATION SERVICES STANDARDS.  (a)  The
   1-41  board by rule shall adopt standards for the provision of
   1-42  rehabilitation services by a hospital to ensure the health and
   1-43  safety of a patient receiving the services.
   1-44        (b)  The standards adopted by the board at a minimum shall
   1-45  require a hospital that provides comprehensive medical
   1-46  rehabilitation:
   1-47              (1)  to have a director of comprehensive medical
   1-48  rehabilitation who is:
   1-49                    (A)  a licensed physician;
   1-50                    (B)  either board certified or eligible for board
   1-51  certification in a medical specialty related to rehabilitation; and
   1-52                    (C)  qualified by training and experience to
   1-53  serve as medical director;
   1-54              (2)  to have medical supervision by a licensed
   1-55  physician for 24 hours each day; and
   1-56              (3)  to provide appropriate therapy to each patient by
   1-57  an interdisciplinary team consisting of licensed physicians,
   1-58  rehabilitation nurses, and therapists as are appropriate for the
   1-59  patient's needs.
   1-60        (c)  An interdisciplinary team for comprehensive medical
   1-61  rehabilitation shall be directed by a licensed physician.  An
   1-62  interdisciplinary team for comprehensive medical rehabilitation
   1-63  shall have available to it, at the hospital at which the services
   1-64  are provided or by contract, members of the following professions
   1-65  as necessary to meet the treatment needs of the patient:
   1-66              (1)  physical therapy;
   1-67              (2)  occupational rehabilitation;
   1-68              (3)  speech-language pathology;
    2-1              (4)  therapeutic recreation;
    2-2              (5)  social services and case management;
    2-3              (6)  dietetics;
    2-4              (7)  psychology;
    2-5              (8)  respiratory therapy; and
    2-6              (9)  rehabilitative nursing.
    2-7        (d)  A hospital shall prepare for each patient receiving
    2-8  inpatient rehabilitation services a written treatment plan designed
    2-9  for that patient's needs for treatment and care.  The board by rule
   2-10  shall specify a time after admission of a patient for inpatient
   2-11  rehabilitation services by which a hospital must evaluate the
   2-12  patient for the patient's initial treatment plan and by which a
   2-13  hospital must provide copies of the plan after evaluation.
   2-14        (e)  A hospital shall prepare for each patient receiving
   2-15  inpatient rehabilitation services a written continuing care plan
   2-16  that addresses the patient's needs for care after discharge,
   2-17  including recommendations for treatment and care and information
   2-18  about the availability of resources for treatment or care.  The
   2-19  board by rule shall specify the time before discharge by which the
   2-20  hospital must provide a copy of the continuing care plan.  The
   2-21  board's rules may allow a facility to provide the continuing care
   2-22  plan by a specified time after discharge if providing the plan
   2-23  before discharge is impracticable.
   2-24        (f)  A hospital shall provide a copy of a treatment or
   2-25  continuing care plan prepared under this section to the following
   2-26  persons in the person's primary language, if practicable:
   2-27              (1)  the patient;
   2-28              (2)  a person designated by the patient; and
   2-29              (3)  as specified by board rule, family members or
   2-30  other persons with responsibility for or demonstrated participation
   2-31  in the patient's care or treatment.
   2-32        (g)  Rules adopted by the board under this subchapter may not
   2-33  conflict with a federal rule, regulation, or standard.
   2-34        SECTION 2.  This Act takes effect September 1, 1993.
   2-35        SECTION 3.  The importance of this legislation and the
   2-36  crowded condition of the calendars in both houses create an
   2-37  emergency and an imperative public necessity that the
   2-38  constitutional rule requiring bills to be read on three several
   2-39  days in each house be suspended, and this rule is hereby suspended.
   2-40                               * * * * *
   2-41                                                         Austin,
   2-42  Texas
   2-43                                                         March 19, 1993
   2-44  Hon. Bob Bullock
   2-45  President of the Senate
   2-46  Sir:
   2-47  We, your Committee on Health and Human Services to which was
   2-48  referred S.B. No. 212, have had the same under consideration, and I
   2-49  am instructed to report it back to the Senate with the
   2-50  recommendation that it do not pass, but that the Committee
   2-51  Substitute adopted in lieu thereof do pass and be printed.
   2-52                                                         Zaffirini,
   2-53  Chair
   2-54                               * * * * *
   2-55                               WITNESSES
   2-56                                                  FOR   AGAINST  ON
   2-57  ___________________________________________________________________
   2-58  Name:  Dan Morales                                             x
   2-59  Representing:  State of Texas
   2-60  City:  Austin
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   2-62                                                  FOR   AGAINST  ON
   2-63  ___________________________________________________________________
   2-64  Name:  Dr. Charles Arnold                        x
   2-65  Representing:  Self
   2-66  City:  San Antonio
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   2-68  Name:  Thomas Suehs                                      x
   2-69  Representing:  Tx Health Care Assn
   2-70  City:  Austin
    3-1  -------------------------------------------------------------------
    3-2  Name:  David F. Briones, M.D.                                  x
    3-3  Representing:  TSPP & TMA
    3-4  City:  El Paso
    3-5  -------------------------------------------------------------------
    3-6  Name:  Florence Winn-Salmon                      x
    3-7  Representing:  TAMI
    3-8  City:  Austin
    3-9  -------------------------------------------------------------------
   3-10  Name:  Mary Koch                                         x
   3-11  Representing:  Inst. for Rehab and Research
   3-12  City:  Houston
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   3-14  Name:  Maurice Shaw                                            x
   3-15  Representing:  TDH
   3-16  City:  Austin
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   3-18  Name:  Wylie Jordan, M.D.                                      x
   3-19  Representing:  Self
   3-20  City:  Austin
   3-21  -------------------------------------------------------------------
   3-22  Name:  Nancy Sims                                x
   3-23  Representing:  Tx Business Group on Health
   3-24  City:  Houston
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   3-26  Name:  Aaryce Hayes                              x
   3-27  Representing:  Advocacy, Inc.
   3-28  City:  Austin
   3-29  -------------------------------------------------------------------
   3-30  Name:  Roger T. Jenkins                                        x
   3-31  Representing:  Tyler Medical Rehab
   3-32  City:  Tyler
   3-33  -------------------------------------------------------------------
   3-34  Name:  Marcia Baum                               x
   3-35  Representing:  NASW
   3-36  City:  Austin
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   3-38  Name:  Christine Devall                          x
   3-39  Representing:  Mental Health Assn
   3-40  City:  Austin
   3-41  -------------------------------------------------------------------
   3-42  Name:  Joanne P. Hopkins                                       x
   3-43  Representing:  NME
   3-44  City:  Austin
   3-45  -------------------------------------------------------------------
   3-46  Name:  Patricia Vaughan                                        x
   3-47  Representing:  Rehab Hospital of Austin
   3-48  City:  Austin
   3-49  -------------------------------------------------------------------
   3-50  Name:  Kevin O'Hanlon                                          x
   3-51  Representing:  TEA
   3-52  City:  Austin
   3-53  -------------------------------------------------------------------
   3-54  Name:  Charles Arthur Stark                                    x
   3-55  Representing:  Healthsouth Rehab
   3-56  City:  North Richland Hills
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