1-1  By:  Maxey, Naishtat (Senate Sponsor - Barrientos)    H.B. No. 1698
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 10, 1995, reported favorably, as amended,
    1-5  by the following vote:  Yeas 7, Nays 0; May 10, 1995, sent to
    1-6  printer.)
    1-7  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
    1-8  Amend H.B. 1698 in SECTION 1, Art. 4413(502), Revised Statutes,
    1-9  Sec. 22 as follows:
   1-10        On Page 1, Line 12 of the House Engrossed Version, after
   1-11  "placed in a", strike "long term residential".
   1-12                         A BILL TO BE ENTITLED
   1-13                                AN ACT
   1-14  relating to requiring a health and human services agency to inform
   1-15  certain clients or patients of community-based service options.
   1-16        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-17        SECTION 1.  Article 4413(502), Revised Statutes, is amended
   1-18  by adding Section 22 to read as follows:
   1-19        Sec. 22.  COMMUNITY SERVICES INFORMATION; REPORTS.  (a)  The
   1-20  commissioner by rule shall require each health and human services
   1-21  agency to provide to each patient or client of the agency
   1-22  information regarding community-based services appropriate to the
   1-23  needs of the patient or client before the agency allows the patient
   1-24  or client to be placed in a long-term residential care setting to
   1-25  receive care or services provided by the agency or by a person
   1-26  under an agreement with the agency.
   1-27        (b)  The rules must require each health and human services
   1-28  agency to provide information about all community-based long-term
   1-29  care options and long-term support options available to the patient
   1-30  or client, including options available through another agency or a
   1-31  private provider.  The information must be provided in a manner
   1-32  calculated to maximize the patient's or client's understanding of
   1-33  all available options.  If the patient or client has a guardian,
   1-34  the information must also be provided to the guardian.
   1-35        (c)  A health and human services agency that provides a
   1-36  patient, client, or guardian with information as provided by
   1-37  commission rules shall obtain a statement signed by the patient or
   1-38  client, and, if the patient or client has a guardian, by the
   1-39  patient's or client's guardian, that the patient or client has been
   1-40  informed about community-based care and support options as required
   1-41  by commission rules.  The agency shall retain a copy of each signed
   1-42  statement in the patient's or client's case records.
   1-43        (d)  Each health and human services agency annually and as
   1-44  provided by commission rule shall report to the commission the
   1-45  number of community-based service placements and residential-care
   1-46  placements the agency makes.
   1-47        SECTION 2.  The importance of this legislation and the
   1-48  crowded condition of the calendars in both houses create an
   1-49  emergency and an imperative public necessity that the
   1-50  constitutional rule requiring bills to be read on three several
   1-51  days in each house be suspended, and this rule is hereby suspended,
   1-52  and that this Act take effect and be in force from and after its
   1-53  passage, and it is so enacted.
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