Amend CSHB 2258 (Senate committee printing) by striking all
below the enacting clause and substituting the following:
      SECTION 1.  Subchapter F, Chapter 242, Health and Safety
Code, is amended by adding Section 242.158 to read as follows:
      Sec. 242.158.  IDENTIFICATION OF CERTAIN NURSING HOME
RESIDENTS REQUIRING MENTAL HEALTH OR MENTAL RETARDATION SERVICES.
(a)  Each resident of a nursing home who is considering making a
transition to a community-based care setting shall be identified to
determine the presence of a mental illness or mental retardation,
regardless of whether the resident is receiving treatment or
services for a mental illness or mental retardation.
      (b)  In identifying residents having a mental illness or
mental retardation, the department shall use an identification
process that is at least as effective as the mental health and
mental retardation identification process established by federal
law.  The results of the identification process may not be used to
prevent a resident from remaining in the nursing home unless the
nursing home is unable to provide adequate care for the resident.
      (c)  The department shall compile and provide to the Texas
Department of Mental Health and Mental Retardation information
regarding each resident identified as having a mental illness or
mental retardation before the resident makes a transition from the
nursing home to a community-based care setting.
      (d)  The Texas Department of Mental Health and Mental
Retardation shall use the information provided under Subsection (c)
solely for the purposes of:
            (1)  determining the need for and funding levels of
mental health and mental retardation services for residents making
a transition from a nursing home to a community-based care setting;
            (2)  providing mental health or mental retardation
services to an identified resident after the resident makes that
transition; and
            (3)  referring an identified resident to a local mental
health  or mental retardation authority or private provider for
additional mental health or mental retardation services.
      (e)  This section does not authorize the department to decide
for a resident of a nursing home that the resident will make a
transition from the nursing home to a community-based care setting.
      SECTION 2.  This Act takes effect September 1, 2001.