SRC-MKV C.S.H.B. 2004 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2004
77R15828 CBH-FBy: Maxey (Carona)
Health & Human Services
5/10/2001
Committee Report (Substituted)


DIGEST 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 can occur between the releasing facility and the outpatient
facility responsible for the patient as to which is fiscally responsible
for providing the additional necessary medication. C.S.H.B. 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

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 574.081, Health and Safety Code, by amending
Subsection (c) and adding Subsection (h), as follows: 

(c) Requires a continuing care plan to address the patient's mental health
and physical needs, including, if appropriate, the need for sufficient
medication on furlough or discharge to last until the patient can see a
physician and to address the person or entity who is responsible for
providing and paying for the medication. 

(h) Provides that Subsection (c) does not create a mandate that a facility
described by Section 571.003(9)(B) or (E) provide or pay for a medication
for a patient. 

SECTION 2.  Effective date: upon passage or September 1, 2001.