SRC-HRD S.B. 118 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 118
By: Zaffirini
Health & Human Services
4-15-97
As Filed


DIGEST 

Currently, Texas law does not provide for an initial period of intensive
care services and support to families considering placement of a child in
a nursing facility.  In addition, many families with medically fragile
children are unaware of available services.  S.B. 118 creates a statewide
mechanism to provide a 45- to 60-day period of intensive care services and
support to  enable the child to remain at home while the relevent state
agencies (Texas Education Agency, Interagency Council on Early Childhood
Intervention Services, and others) work with the family to identify
service options for the child.  This bill also sets forth requirements
regarding the notification of state agencies by nursing facilities when a
child is admitted.    

PURPOSE

As proposed, S.B. 118 requires better notification among state health and
human services agencies and state educational institutions regarding a
child whose parents or guardian are considering placing the child in
long-term care institutions, and requires the agencies to offer their
services and/or information to the family.  This bill creates a statewide
services system for families considering placing a child in a long-term
care facility.  This bill also requires initial placement of a child in a
long-term care facility to be temporary. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 242, Health and Safety Code, by adding
Subchapter K, as follows: 

SUBCHAPTER K.  PLACEMENT OF CERTAIN CHILDREN IN INSTITUTION

Sec. 242.701.  DEFINITIONS.  Defines "child" and "community resource
coordination group." 

Sec. 242.702.  PLACEMENT TEMPORARY.  Prohibits an initial placement of a
child with a developmental disability in an institution from exceeding 45
days.  Authorizes the institution to readmit the child as agreed by the
institution and the person making the placement. 

Sec. 242.703.  NOTIFICATION REQUIRED.  Sets forth the conditions under
which the institution is required to notify the community resource
coordination group, school district where the institution is located, and
the Texas Education Agency (TEA).   

Sec. 242.704.  DUTIES OF TEXAS EDUCATION AGENCY.  Requires TEA to notify
the Interagency Council on Early Childhood Intervention Services, not
later than the second day after receiving notification, if the child
placed is younger than 37 months of age.  

Sec. 242.705.  OFFER OF SERVICES.  Authorizes an entity receiving notice
of the initial placement of a child in an institution to contact the
person making the placement to offer to provide relevant information
relating to alternatives to institutional care. 
 
Sec. 242.706.  EFFECT ON OTHER LAW.  Provides that this subchapter does
not affect responsibilities imposed by federal or other state law on a
physician or other professional. 

SECTION 2. Amends Chapter 531B, Government Code, by adding Section
531.0245, as follows: 

Sec. 531.0245.  STATEWIDE SERVICES SYSTEM FOR CERTAIN CHILDREN. Requires
the Commissioner of Health to develop a statewide services system for
families considering placing a child in a long-term care facility.
Requires the statewide services system to provide 60 days of intensive
services and support for the child and the family to enable the child to
remain at home during the 60-day period; and identify alternative care
options for the child.  Requires the appropriate health and human services
agencies to implement the statewide services system at the direction of
the commissioner.  Defines "long-term care facility." 

SECTION 3.  Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.