HBA-MPM, DMD H.B. 1396 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1396
By: Maxey
Public Health
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

The 75th Legislature required the Department of Human Services (department)
to re-engineer its regulation of nursing facilities and the department has
included intermediate care facilities for the mentally retarded  in that
process.  H.B. 1396 requires the department to evaluate certain licensing
procedures with respect to intermediate care facilities for the mentally
retarded. The bill requires the department to present a report on the
evaluation to the governor, lieutenant governor, and the speaker of the
house of representatives no later than October 1, 2000. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Requires the Texas Department of Human Services (department) to
evaluate its approach to licensing intermediate care facilities for the
mentally retarded and, in conducting its evaluation, to consult with the
Texas Department of Mental Health and Mental Retardation (MHMR), facility
providers and staff, advocates for facility residents, and facility
residents and their families.  Provides that the evaluation must consider
appropriate distinctions between nursing facilities and intermediate care
facilities. 

SECTION 2.  Requires the department to present a report on its evaluation
of the licensing of intermediate care facilities for the mentally retarded
to the governor, lieutenant governor, and speaker of the house of
representatives no later than October 1, 2000.  Provides that this report
must include recommendations for changes in law as the department considers
necessary. 

SECTION 3.Sets forth that this Act expires on January 17, 2001.

SECTION 4.Emergency clause.
  Effective date: upon passage.