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


Office of House Bill AnalysisC.S.H.B. 1396
By: Maxey
Public Health
3/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Legislature required the Department of Human Services (department)
to re-engineer its regulation of nursing facilities and the DHS has
included intermediate care facilities for the mentally retarded  in that
process.  C.S.H.B. 1396 requires the department to develop a new model for
licensing intermediate care facilities for the mentally retarded that is
not based on the nursing home model. The bill requires the department to
present a report on the model to the governor, lieutenant governor, and the
speaker of the house of representatives no later than January 16, 2001. 

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
develop a model for licensing intermediate care facilities for the mentally
retarded and requires the department to consult facility providers, staff,
and families of residents when developing the model.  Provides that the
model must be distinct from models for nursing home licensure. 

SECTION 2.  Requires the department to present a report on the model,
including an explanation of the costs and benefits of the model and changes
in law that are needed to implement the model, to the governor, lieutenant
governor, and speaker of the house of representatives not later than
January 16, 2001.   

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

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1396 modifies the original bill by replacing the Texas Department
of Health with the Texas Department of Human Services in SECTIONS 1 and 2
of the bill.