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.