By Maxey, Naishtat                                    H.B. No. 1698
       74R3839 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring a health or human service agency to inform
    1-3  certain clients or patients of community-based service options.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 4413(502), Revised Statutes, is amended
    1-6  by adding Section 22 to read as follows:
    1-7        Sec. 22.  COMMUNITY SERVICES INFORMATION; REPORTS.  (a)  The
    1-8  commissioner by rule shall require each health and human services
    1-9  agency to provide to each patient or client of the agency
   1-10  information regarding community-based services appropriate to the
   1-11  needs of the patient or client before the agency allows the patient
   1-12  or client to be placed in a long-term residential care setting to
   1-13  receive care or services provided by the agency or by a person
   1-14  under an agreement with the agency.
   1-15        (b)  The rules must require each health and human services
   1-16  agency to provide information about all community-based long-term
   1-17  care options and long-term support options available to the patient
   1-18  or client outside of a residential-care setting, including options
   1-19  available through another agency or a private provider.  The
   1-20  information must be provided in a manner calculated to maximize the
   1-21  patient's or client's understanding of the available options.  If
   1-22  the patient or client has a guardian, the information must also be
   1-23  provided to the guardian.
   1-24        (c)  A health and human services agency that provides a
    2-1  patient, client, or guardian with information as provided by
    2-2  commission rules shall obtain a statement signed by the patient or
    2-3  client, and, if the patient or client has a guardian, by the
    2-4  patient's or client's guardian, that the patient or client has been
    2-5  informed about community-based care and support options as required
    2-6  by commission rules.  The agency shall retain a copy of each signed
    2-7  statement in the patient's or client's case records.
    2-8        (d) Each health and human services agency annually and as
    2-9  provided by commission rule shall report to the commission the
   2-10  number of community-based service placements and residential-care
   2-11  placements the agency makes.
   2-12        SECTION 2.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended,
   2-17  and that this Act take effect and be in force from and after its
   2-18  passage, and it is so enacted.