SRC-JEC S.B. 1382 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1382
77R7851 CBH-DBy: Armbrister
Health & Human Services
4/3/2001
As Filed


DIGEST AND PURPOSE 

Current law requires that a person with mental retardation or the person's
representative be given a choice regarding the person's care in a state
school or a community care facility, given that the person is eligible for
both.  However, because of a long-standing rule regarding continuity of
services, applicants are discouraged from applying to state schools and a
resident of a state school can be removed against the resident's will.  As
proposed, S.B. 1382 restates and clarifies legislation requiring the Texas
Department of Mental Health and Mental Retardation to honor the choice of a
person with mental retardation or such a person's representative regarding
care in either a state school or a community facility, and requires that
all beds available in the state school system be fully utilized. 

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 533.038, Health and Safety Code, as follows:

(d)  Requires the Texas Department of Mental Health and Mental Retardation
(department) to provide to a person with mental retardation, or to the
person's legally authorized representative, seeking residential services a
clear explanation of programs and services for which the person is
determined to be eligible, including the number of openings available in
each setting.  Deletes text requiring the person to receive the
explanation.  Requires the department to honor the program and services
preferences of the person or the person's representative to the maximum
extent openings are available in the program or service. 

(e)  Prohibits the department from denying to a person eligibility for
admission to a state school if the person or the person's representative
requests that admission, regardless of whether it is appropriate for the
person to receive services in a less restrictive setting.  Prohibits the
department from denying admission or readmission of a person to a state
school on the basis of the person's score on the inventory for client and
agency planning assessment instrument if:  the person or the person's
representative requests the admission or readmission; and the state school
admitting personnel or the appropriate interdisciplinary team believes that
the person will function at least as well in the state school as the person
will function in a community group home. 

 (g)  Requires the department to fully use the beds available in the state
school system. 

SECTION 2.  Effective date: September 1, 2001.