BILL ANALYSIS H.B. 1698 By: Maxey (Sponsor) Health and Human Services 5-11-95 Senate Committee Report (Amended) BACKGROUND Several state agencies currently place or refer disabled persons for health care and treatment services. These agencies, however, are not required by law to inform persons of appropriate community-based services as an alternative to traditional long-term residential care facilities. PURPOSE As proposed, H.B. 1698 requires health and human service agencies to provide the agencies' patients and clients with community-based services information. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the commissioner of health and human services under SECTION 1 (Section 22(a), Article 4413(502), V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4413(502), V.T.C.S., by adding Section 22, as follows: Sec. 22. COMMUNITY SERVICES INFORMATION; REPORTS. (a) Requires the commissioner of health and human services, by rule, to require each health and human services agency (agency) to provide each patient or client of the agency with information regarding community-based services appropriate to the patient's or client's needs, before the agency allows the patient or client to be placed in a care setting. (b) Requires the rules to require each agency to provide information about all community-based long-term care and support options available to the patient or client. Requires the information to be provided so as to maximize understanding of all available options and to be provided to the patient's parent or guardian, if there is one. (c) Requires an agency that provides a patient, client, or guardian with information as provided by Health and Human Services Commission (commission) rules to obtain a statement signed by the patient or client, and guardian, that the patient or client has been informed about care and support options. Requires the agency to retain a copy of each signed statement in the patient's or client's case records. (d) Requires each agency to report annually to the commission the number of community-based service and residential care placements the agency makes. SECTION 2. Emergency clause. Effective date: upon passage.