SRC-CTC H.B. 2258 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2258
77R8939 KLA-DBy: Maxey (Moncrief)
Health & Human Services
4/24/2001
Engrossed


DIGEST AND PURPOSE 

In 1999, the United States Supreme Court ruled in L.C. and E.W. v Olmstead
that, in most cases, states must provide community-based services for
disabled persons if treatment professionals determine that community-based
services are appropriate and the person does not object to such placement.
The number of nursing home residents who would need mental health and
mental retardation services from the Texas Department of Mental Health and
Mental Retardation (MHMR) as well as services from the Texas Department of
Human Services (DHS) related to their medical needs to successfully
transition into a community based setting is unknown.  It is essential that
residents with mental illness or mental retardation be identified to
facilitate the development of transition plans which incorporate services
from both agencies.  H.B. 2258 requires DHS to develop a process to
identify nursing home residents with a mental illness or mental retardation
and share that information with MHMR.   

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 Chapter 242F, Health and Safety Code, by adding Section
242.158, as follows: 

Sec. 242.158.  IDENTIFICATION OF CERTAIN NURSING HOME RESIDENTS REQUIRING
MENTAL HEALTH OR MENTAL RETARDATION SERVICES.  (a) Requires the Texas
Department of Human Services (department) to identify each resident of a
nursing home who has a mental illness or mental retardation before the
resident makes a transition to a community-based care setting, regardless
of whether the resident is receiving treatment or services for a mental
illness or mental retardation. 

(b) Requires the department to use identification processes to identify
residents as required by this section that are at least as effective as the
Preadmission Screening and Resident Review mental illness or mental
retardation identification process. 

(c) Requires the department to compile and provide to the Texas Department
of Mental Health and Mental Retardation (MHMR) 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) Requires MHMR to use the information provided under Subsection (c) to
take certain actions. 

SECTION 2.  Effective date: September 1, 2001.