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. 1-54 * * * * *