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.