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 2-61 ------------------------------------------------------------------- 2-62 FOR AGAINST ON 2-63 ___________________________________________________________________ 2-64 Name: Dr. Charles Arnold x 2-65 Representing: Self 2-66 City: San Antonio 2-67 ------------------------------------------------------------------- 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 3-13 ------------------------------------------------------------------- 3-14 Name: Maurice Shaw x 3-15 Representing: TDH 3-16 City: Austin 3-17 ------------------------------------------------------------------- 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 3-25 ------------------------------------------------------------------- 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 3-37 ------------------------------------------------------------------- 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 3-57 -------------------------------------------------------------------