HBA-DMH H.B. 2004 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2004
By: Maxey
Public Health
7/3/2001
Enrolled
HBA-DMH H.B. 2004 77(R)    


BACKGROUND AND PURPOSE 

On release from an inpatient facility, Texas Department of Mental Health
and Mental Retardation clients are provided with an initial outpatient
appointment to a community mental health center and supplied with
medication adequate to last until that appointment.  At times, the patient
arrives at the initial outpatient appointment to find the appointment is
with a social worker or another individual unable to issue a prescription.
A debate sometimes occurs between the releasing facility and the outpatient
facility responsible for the patient as to which is fiscally responsible
for providing the additional necessary medication.  House Bill 2004
provides that a patient's continuing care plan must address who is
responsible for providing and paying for medication to ensure that a
patient has the necessary medication until the patient can see a physician. 

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. 

ANALYSIS

House Bill 2004 amends the Health and Safety Code to provide that a
patient's continuing care plan must address the patient's mental health and
physical needs, including, if appropriate: 

_the need for sufficient medication on furlough or discharge from
court-ordered mental health services to last until the patient can see a
physician; and  

_the person or entity that is responsible for providing and paying for the
medication. 

The bill does not create a mandate that a private mental hospital or
general hospital provide or pay for a medication for a patient. 

EFFECTIVE DATE

June 15, 2001.