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.