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


Senate Research CenterC.S.H.B. 2258
77R14239 KLA-DBy: Maxey (Moncrief)
Health & Human Services
4/26/2001
Committee Report (Substituted)


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.  C.S.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 after the
resident has decided to make a transition to a community-based care setting
and before the resident makes that transition, 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 after
the resident decides to make a transition from the nursing home to a
community-based care setting and before the resident makes that transition. 

(d) Requires MHMR to use the information provided under Subsection (c) to
take certain actions. 

(e) Provides that 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.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends Engrossed H.B. 2258 as follows:

SECTION 1.  Adds proposed text relating to a nursing home resident deciding
to make a transition to a community-based care setting.  Adds proposed text
relating to a nursing home not deciding for a resident to make a transition
to a community-based care setting. 

SECTION 2.  No change.