HBA-DMH H.B. 2073 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2073 By: Maxey Public Health 3/5/2001 Introduced BACKGROUND AND PURPOSE In 1999, the United States Supreme Court ruled that under Title II of the Americans with Disabilities Act (ADA), states may be required to place persons with mental disabilities in community settings, rather than in an institution, when the state's treatment professionals have determined that community placement is appropriate, after taking into account state resources and patient need. Generally, individuals with mental illness do not receive long-term inpatient psychiatric care. Such individuals are admitted for treatment and discharged within a short time period, often to live in an assisted living facility. Assisted living facilities are not required, or properly funded, to provide adequate community treatment and support services. Owing to this gap in the community mental health delivery system, individuals with mental illness may return to short-term in patient psychiatric care again and again. If this population was more accurately identified, the state could better estimate the funding needed for community support services. House Bill 2073 provides that community support services are appropriate if an individual with mental illness is admitted to a Texas Department of Mental Health and Mental Retardation facility three or more times during a 180-day period. 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 2073 amends the Health and Safety Code to require the Texas Department of Mental Health and Mental Retardation (department) to presume, if a person with mental illness is admitted to a department facility for inpatient mental health services three or more times during a 180-day period, that communitybased services and support are appropriate for the person and that the person is eligible for those services and support. EFFECTIVE DATE September 1, 2001.