HBA-CCH S.B. 83 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 83 By: Madla Human Services 3/2/2001 Engrossed BACKGROUND AND PURPOSE The 76th Legislature directed the Health and Human Services Commission to appoint a committee to study the effectiveness of transferring authority from the Texas Department of Human Services (DHS) to the Texas Department of Mental Health and Mental Retardation (MHMR) relating to the regulation of intermediate care facilities for the mentally retarded (ICF/MR). The committee concluded that DHS needs specialized staff in the ICF/MR regulatory division with experience working with mentally retarded clients and issues, and that DHS and MHMR need to cooperate in developing rules for ICF/MR facilities, in particular, when closing an ICF/MR. Senate Bill 83 implements the recommendations of the committee, and repeals current law that provides for the transfer of licensing, surveying, and regulation of ICF/MRs to DHS. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly transferred from the Texas Department of Human Services (DHS) to the Texas Board of Human Services in SECTION 1 (Section 252.008, Health and Safety Code) of this bill. ANALYSIS Senate Bill 83 amends the Health and Safety Code to require the Texas Board of Human Services (board), rather than the Texas Department of Human Services (DHS), to adopt rules related to the administration and implementation of law regarding intermediate care facilities for the mentally retarded (ICF/MR). S.B. 83 requires DHS and the Texas Department of Mental Health and Mental Retardation (MHMR) to cooperate in developing proposed rules. Before the board adopts a rule applicable to an ICF/MR, the board is required to present the proposed rule to the commissioner of MHMR (commissioner) for review. The bill requires the commissioner to provide a written statement to the board of the effects of the proposed rule no later than the 31st day after the date the commissioner receives the proposed rule. S.B. 83 requires DHS to have specialized staff that conducts inspections, surveys, or investigations of ICF/MRs. The bill also requires DHS and MHMR to cooperate closely to ensure the short-term and longterm well-being of clients when closing an ICF/MR. The bill repeals law that provides for the transfer of licensing, surveying, and regulation of ICF/MRs from DHS to MHMR on September 1, 2001. EFFECTIVE DATE September 1, 2001.