JKC H.B. 3100 75(R)BILL ANALYSIS
HUMAN SERVICES
H.B. 3100
By: Jones, Jesse
4-28-97
Committee Report (Unamended)
BACKGROUND
In 1983, Chapter 102 was added to the Human Resource Code delineating the
"Rights of the Elderly." The "rights" basically incorporated into state
law the regulations adopted by the State Medicaid Office with the goal to
provide better protection for elderly persons in residential settings.
Shortly after the adoption of the "Rights of the Elderly", the state also
added another statute to protect the rights of the people with
disabilities. Since 1983, these laws have remained on the books virtually
unchanged, except for a minor change in the name of the Department of
Human Resources to Department of Human Services in 1985.
The House Committee on Human Services' Interim Study on Long-Term Care
heard testimony from representatives of the Department on Aging's Elder
Rights Task Force on the status of Chapter 102. The Task Force recommended
changes that would recognize to a greater extent the right of elderly
Texans to retain a greater amount of self-determination. The Interim
Committee agreed that provisions of Chapter 102 needed to be updated to
reflect the wide array of long-term care service locations and the shift
to consumer control and choice with regard to services received.
PURPOSE
This bill would update the provisions contained in Chapter 102 of the
Human Resource Code to enhance the rights of elderly Texans and to address
their current needs in order that they may retain a greater amount of
self-determination.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution.
SECTION BY SECTION ANALYSIS
SECTION 1.Amends Chapter 102 of the Human Resource Code as follows:
Sec. 102.001.Definitions. Amends the definition of "alternative care" to
include personal care services, attendant care, residential repair, and
emergency response services. Amends the definition of "elderly person" to
mean an individual 60 years of age or older.
Sec. 102.002.Prohibition. Requires each agency that licenses, registers,
or certifies a person providing services to require the person to
implement and enforce this chapter. States that if a person providing
services violates the provisions of this chapter, his/her license,
registration, or certification could be suspended or revoked.
Sec. 102.003.Rights of the Elderly. Amends the "Rights of an Elderly"
provided for elderly Texans as follows:
(a)States that an elderly individual has all rights , benefits,
responsibility, and privileges granted by the constitution and laws of
this state and the U.S., except where lawfully restricted. The elderly
has the right to be free of interference, coercion, discrimination, and
reprisal in exercising these civil rights.
(b)States that an elderly individual has the right to be treated with
dignity and respect.
(c)States that an elderly individual has the right to be free from
physical or mental abuse. Permits a person providing services to use
physical or chemical restraints only if the use is authorized in writing
by a physician or in the case of an emergency to protect the elderly
individual or others from injury.
(d)Permits a court-appointed guardian of a mentally retarded elderly
individual to attend the individual's behavior modification program.
(e)Original provision is deleted and replaced with original subsection (g).
(f)Original provision is deleted and replaced with a provision permitting
an elderly individual to complain to the person providing care about the
quality of care or treatment. Requires the person providing care to
promptly respond to resolve the complaint and prohibits the persons
providing care from discriminating against an elderly individual.
(g) Amends and renumbers section (i) of current law by stating that the
elderly individual is entitled to privacy while attending to personal
needs and a private place for receiving visitors or associating with
others. States that the elderly person may send and receive unopened
mail, and the person providing services shall ensure that the individual's
mail is sent and delivered promptly. Provides for elderly persons who are
married shall receive similar services and share a room.
(h) Amends and renumbers section (j) of current law by providing for the
rights of others.
(i)Amends and renumbers section (k) of current law by stating that the
elderly individual has the right to manage his/her personal financial
affairs. The individual may authorize in writing another person to manage
and the degree of management of his/her money.
(j)Amends and renumbers section (l) of current law by stating that the
elderly individual has the right of access to the individual's personal
and clinical records. Prohibits the individual's record from being
released without the individual's consent, unless the records are being
sent to another person who will be providing care or required by law.
(k)Amends and renumbers section (m) of current law by requiring the person
providing care to fully inform an elderly individual, in a language that
the individual can understand, of his/her total medical condition and of
any changes in the medical condition.
(l)Amends and renumbers section (n) of the current law by stating that the
elderly individual has the right to choose and retain a personal physician
and to be fully informed in advance about treatment or care that will be
administered.
(m)Amends and renumbers section (o) of current law by permitting an
elderly individual to participate in the development of the individual
plan of care.
(n)Amends and renumbers section (p) of current law by allowing an elderly
individual to refuse medical treatment after certain conditions have been
met.
(o)Amends and renumbers section (s) of current law by permitting an
elderly individual to retain and use their clothing and furnishings.
(p)Amends and renumbers section (t) of current law by permitting an
elderly individual to refuse to perform services for the person providing
services.
(q)Requires the person providing services to provide to the elderly
individual within 30 days of admittance, information on the individual's
benefits under Medicare and Medicaid; services that are covered by these
benefits.
(r)Amends and renumbers section (v) of current law by providing for reason
for transfer or discharge of the elderly individual from service.
(s)Added. Prohibits a person providing services from transferring or
discharging, except in a emergency case, from a residential facility
before the 30th day after the person providing services provided a written
notice to the elderly individual, the individual's legal representative,
or a member of the individual's family stating: the intention to transfer
or discharge the elderly individual; reason for the transfer or discharge;
the location of the new facility; the date of the transfer or discharge;
and, that the individual has the right to appeal the action and
information how to appeal.
(t)Added. States that the elderly individual has the right to make a
living will; execute a durable power of attorney for health care; and to
designate a guardian in advance of making an important decision regarding
the individual's health care.
Sec. 102.004. List of Rights.
Amends section to require the person providing services to provide each
elderly individual receiving services a written list of the provision of
Section 102.003.
Sec. 102.005.Rights Cumulative.
This section is added. States that the rights described in this chapter
are cumulative of other rights or remedies to which an elderly individual
may be entitled under law.
SECTION 2.(a)Effective Date: September 1, 1997.
(b)Applicability.
SECTION 3.Emergency Clause.