BILL ANALYSIS


Corrections Committee
S.B. 569
By: Moncrief (Hightower)
05-16-95
Committee Report (Unamended)


BACKGROUND

Hospice began in the United States in 1977 to provide a caring
environment to meet the physical and emotional needs of terminally
ill patients.  The emphasis of hospice is on the palliative care
for a dying patient rather than curative medical treatment.

The Texas Department of Criminal Justice reported 1,505 HIV-positive prisoners and 267 inmates with AIDS incarcerated at the
end of September 1994.  In 1988, 142 prisoners were HIV-positive,
17 with AIDS.

In 1991, the legislature passed a law to channel special needs
offenders out of the prison system so they would have access to
federally-funded programs which would allow them to enter
facilities appropriate for their treatment.  Inmates who had
committed capital offenses, however, were not eligible for this
program.  

A recent study conducted at the California Correctional Medical
Facility in Vacaville, California, revealed that the cost for
hospice was $100 per bed compared to $600 per bed for acute care in
the hospital.

PURPOSE

As proposed, S.B. 569 authorizes the Texas Department of Criminal
Justice to provide direct hospice services for terminally ill
inmates and certain defendants confined in facilities operated by
the department.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 493, Government Code, by adding Section
493.014, as follows:

     Sec. 493.014.  CARE OF TERMINALLY ILL INMATES.  (a) 
     Authorizes the Texas Department of Criminal Justice
     (department) to provide direct hospice services for terminally
     ill inmates and defendants confined in facilities operated by
     the department or to contract with a licensed hospice for the
     provision of those services. 

     (b)  Defines "hospice" and "hospice services."

SECTION 2. Amends Section 142.003(a), Health and Safety Code, to
exempt the department from having to be licensed under this
chapter.  Deletes existing Subdivision (18).

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.



SUMMARY OF COMMITTEE ACTION

S.B. 569 was considered by the Committee on Corrections in a formal
meeting on May 16, 1995.  The bill was reported favorably, without
amendment, with the recommendation that it do pass and be printed,
by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.