By Delisi H.B. No. 1734
75R3747 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the monitoring of community mental health and mental
1-3 retardation centers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 534, Health and Safety
1-6 Code, is amended by adding Section 534.036 to read as follows:
1-7 Sec. 534.036. FINANCIAL AUDIT. (a) The Health and Human
1-8 Services Commission periodically shall audit the finances of a
1-9 community mental health and mental retardation center.
1-10 (b) The commission shall prescribe procedures for financial
1-11 audits of community mental health and mental retardation centers by
1-12 the commission. The commission shall develop the procedures with
1-13 the assistance of the state agencies and departments that contract
1-14 with community mental health and mental retardation centers.
1-15 Before prescribing or amending the procedures, the commission shall
1-16 set a deadline for state agencies and departments to submit to the
1-17 commission proposals relating to the financial audit procedures.
1-18 The procedures may not require more than one financial audit of a
1-19 community mental health and mental retardation center in a calendar
1-20 year. The procedures must be consistent with any requirements
1-21 connected with federal funding received by the community mental
1-22 health and mental retardation center.
1-23 (c) The state auditor shall review and recommend changes to
1-24 the financial audit procedures developed by the commission. The
2-1 commission shall revise the financial audit procedures to conform
2-2 the procedures to the recommendations of the state auditor. The
2-3 commission may not implement the financial audit procedures without
2-4 the approval of the state auditor.
2-5 (d) The commission shall develop protocols for a state
2-6 agency or department other than the commission to conduct an
2-7 additional financial audit of a community mental health and mental
2-8 retardation center. A state agency or department may not conduct a
2-9 financial audit of a community mental health and mental retardation
2-10 center without the approval of the commission.
2-11 (e) The commission shall evaluate the fiscal impact of
2-12 financial audit procedures developed under this section. The
2-13 commission shall complete the evaluation and submit a report to
2-14 each house of the legislature not later than December 1, 1998.
2-15 This subsection expires January 1, 1999.
2-16 SECTION 2. Subchapter A, Chapter 534, Health and Safety
2-17 Code, is amended by adding Section 534.037 to read as follows:
2-18 Sec. 534.037. PERFORMANCE AUDIT. (a) The Health and Human
2-19 Services Commission periodically shall audit the performance of a
2-20 community mental health and mental retardation center.
2-21 (b) The commission shall prescribe procedures for
2-22 performance audits of community mental health and mental
2-23 retardation centers by the commission. The commission shall
2-24 develop the procedures with the assistance of state agencies and
2-25 departments that contract with community mental health and mental
2-26 retardation centers. The procedures may not require more than one
2-27 performance audit of a community mental health and mental
3-1 retardation center in a calendar year. The procedures must be
3-2 consistent with any requirements connected with federal funding
3-3 received by the community mental health and mental retardation
3-4 center.
3-5 (c) The state auditor shall review and recommend changes to
3-6 the financial audit procedures developed by the commission. The
3-7 commission shall revise the financial audit procedures to conform
3-8 the procedures to the recommendations of the state auditor. The
3-9 commission may not implement the financial audit procedures without
3-10 the approval of the state auditor.
3-11 (d) A performance audit under this section must evaluate the
3-12 center's:
3-13 (1) consideration and protection of clients' rights;
3-14 (2) procedures for prevention and reporting of abuse
3-15 and neglect;
3-16 (3) complaint processes;
3-17 (4) confidentiality procedures;
3-18 (5) physical plant conditions;
3-19 (6) infection surveillance and control;
3-20 (7) personnel training programs;
3-21 (8) food services;
3-22 (9) transportation safety; and
3-23 (10) organizational status.
3-24 (e) The commission shall develop protocols for a state
3-25 agency or department other than the commission to conduct an
3-26 additional performance audit of a community mental health and
3-27 mental retardation center. A state agency or department may not
4-1 conduct a performance audit of a community mental health and mental
4-2 retardation center without the approval of the commission.
4-3 (f) The commission shall evaluate the fiscal impact of the
4-4 performance audit procedures developed under this section. The
4-5 commission shall complete the evaluation and submit a report to
4-6 each house of the legislature not later than December 1, 1998.
4-7 SECTION 3. (a) This Act takes effect September 1, 1997.
4-8 (b) The Health and Human Services Commission shall prescribe
4-9 procedures for audits under Sections 534.036 and 534.037, Health
4-10 and Safety Code, as added by this Act, not later than January 1,
4-11 1998.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.