SRC-AXB C.S.H.B. 1396 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1396
76R14843  SMJ-DBy: Maxey (Zaffirini)
Human Services
5/5/1999
Committee Report (Substituted)


DIGEST 

Currently, the Texas Department of Human Services (TDHS) is required to
re-engineer its regulation of nursing facilities and now TDHS has included
intermediate care facilities for the mentally retarded in that process.
C.S.H.B. 1396 requires TDHS to evaluate its approach to licensing
intermediate care facilities for the mentally retarded which considers the
distinctions from a nursing home facility. 

PURPOSE

As proposed, C.S.H.B. 1396 creates a responsibility for the Texas
Department of Human Services to evaluate its approach to licensing
intermediate care facilities. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Requires the Texas Department of Human Services (TDHS) to
evaluate its approach to licensing intermediate care facilities.  Requires
TDHS to consult with certain entities, in the process of conducting its
evaluation.  Requires the evaluation to consider appropriate distinctions
between nursing facilities and intermediate care facilities. 

SECTION 2.  Requires TDHS to present a report on the evaluation to certain
authorities by October 1, 2000.  Requires the report to include any
recommendations for changes in law which TDHS considers necessary. 

SECTION 3.  Provides for the expiration of this Act January 17, 2001.

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

SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to provide that this Act requires evaluation,
rather than development, of licensing procedures. 

SECTION 1.

Requires the evaluation of TDHS's approach to licensing, rather than the
development of a model.  Adds entities with which TDHS is required to
consult, including the Texas Department of Mental Health and Mental
Retardation, advocates for facility residents, and facility residents.
Adds text regarding the evaluation. 

SECTION 2.

Replaces a reference to a model for licensing with an evaluation of
licensing.  Amends the  required date of report submission from January 16,
2001, to October 1, 2000.  Adds text regarding TDHS recommendations, and
deletes text regarding report requirements.