77R12017 KLA-D                           
         By Naishtat                                            H.B. No. 967
         Substitute the following for H.B. No. 967:
         By Naishtat                                        C.S.H.B. No. 967
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to ensuring an appropriate care setting for a person with
 1-3     a disability.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 531, Government Code, is
 1-6     amended by adding Sections 531.0244, 531.02441, 531.02442, and
 1-7     531.02443 to read as follows:
 1-8           Sec. 531.0244.  ENSURING APPROPRIATE CARE SETTING FOR PERSONS
 1-9     WITH DISABILITIES. (a)  The commission and appropriate health and
1-10     human services agencies shall implement a comprehensive,
1-11     effectively working plan that provides a system of services and
1-12     support that fosters independence and productivity and provides
1-13     meaningful opportunities for a person with a disability to live in
1-14     the community.
1-15           (b)  The comprehensive, effectively working plan required by
1-16     Subsection (a)  must require appropriate health and human services
1-17     agencies to:
1-18                 (1)  provide to a person with a disability living in an
1-19     institution and to any other person as required by Sections 531.042
1-20     and 531.02443 information regarding care and support options
1-21     available to the person with a disability, including
1-22     community-based services appropriate to the needs of that person;
1-23                 (2)  recognize that certain persons with disabilities
1-24     are represented by legally authorized representatives as defined by
 2-1     Section 241.151, Health and Safety Code, whom the agencies must
 2-2     include in any decision-making process facilitated by the plan's
 2-3     implementation;
 2-4                 (3)  facilitate a timely and appropriate transfer of a
 2-5     person with a disability from an institution to an appropriate
 2-6     setting in the community if:
 2-7                       (A)  the person chooses to live in the community;
 2-8                       (B)  the person's treating professionals
 2-9     determine the transfer is appropriate; and
2-10                       (C)  the transfer can be reasonably accommodated,
2-11     considering the state's available resources and the needs of other
2-12     persons with disabilities; and
2-13                 (4)  develop strategies to prevent the unnecessary
2-14     placement in an institution of a person with a disability who is
2-15     living in the community but is in imminent risk of requiring
2-16     placement in an institution because of a lack of community
2-17     services.
2-18           (c)  For purposes of developing the strategies required by
2-19     Subsection (b)(4), a person with a mental illness who is admitted
2-20     to a facility of the Texas Department of Mental Health and Mental
2-21     Retardation for inpatient mental health services three or more
2-22     times during a 180-day period is presumed to be in imminent risk of
2-23     requiring placement in an institution.  The strategies must be
2-24     developed in a manner that presumes the person's eligibility for
2-25     and the appropriateness of intensive community-based services and
2-26     support.
2-27           (d)  In implementing the plan required by Subsection (a), a
 3-1     health and human services agency may not deny an eligible person
 3-2     with a disability access to an institution or remove an eligible
 3-3     person with a disability from an institution if the person prefers
 3-4     the type and degree of care provided in the institution and that
 3-5     care is appropriate for the person.
 3-6           (e)  Not later than December 1 of each even-numbered year,
 3-7     the commissioner shall submit to the governor and the legislature a
 3-8     report on the status of the implementation of the plan required by
 3-9     Subsection (a).  The report must include recommendations on any
3-10     statutory or other action necessary to implement the plan.
3-11           Sec. 531.02441.  INTERAGENCY WORK GROUP ON ENSURING
3-12     APPROPRIATE CARE SETTINGS FOR PERSONS WITH DISABILITIES. (a)  The
3-13     commissioner shall establish an interagency work group to assist
3-14     the commission and appropriate health and human services agencies
3-15     in developing a comprehensive, effectively working plan to ensure
3-16     appropriate care settings for persons with disabilities.
3-17           (b)  The commissioner shall determine the number of members
3-18     of the work group.  The commissioner shall appoint as members of
3-19     the work group:
3-20                 (1)  representatives of appropriate health and human
3-21     services agencies; and
3-22                 (2)  representatives of other related work groups,
3-23     including representatives of the work groups established under
3-24     Sections 22.034 and 22.035, Human Resources Code.
3-25           (c)  The commissioner shall designate a member of the work
3-26     group to serve as presiding officer.  The members of the work group
3-27     shall elect any other necessary officers.
 4-1           (d)  The work group shall meet at the call of the presiding
 4-2     officer.
 4-3           (e)  A member of the work group serves at the will of the
 4-4     commissioner.
 4-5           (f)  A member of the work group may not receive compensation
 4-6     for serving on the work group, but is entitled to reimbursement for
 4-7     travel expenses incurred by the member while conducting the
 4-8     business of the work group, as provided by the General
 4-9     Appropriations Act.
4-10           (g)  The work group shall study and make recommendations to
4-11     the commission on:
4-12                 (1)  developing the comprehensive, effectively working
4-13     plan required by Section 531.0244(a) to ensure appropriate care
4-14     settings for persons with disabilities; and
4-15                 (2)  identifying appropriate components of the pilot
4-16     program established under Section 22.037, Human Resources Code, for
4-17     coordination and integration among the Texas Department of Human
4-18     Services, the Texas Department of Mental Health and Mental
4-19     Retardation, and the Department of Protective and Regulatory
4-20     Services.
4-21           (h)  Not later than September 1 of each year, the work group
4-22     shall report to the commissioner and the advisory committee
4-23     established under Section 531.02442 on its findings and
4-24     recommendations.
4-25           (i)  The work group is not subject to Chapter 2110.
4-26           Sec. 531.02442.  ADVISORY COMMITTEE ON ENSURING APPROPRIATE
4-27     CARE SETTINGS FOR PERSONS WITH DISABILITIES. (a)  The commissioner
 5-1     shall establish an advisory committee to advise the commissioner
 5-2     and appropriate health and human services agencies on ensuring
 5-3     appropriate care settings for persons with disabilities.
 5-4           (b)  The advisory committee consists of 12 members appointed
 5-5     by the commissioner as follows:
 5-6                 (1)  seven representatives of consumer or family
 5-7     advocacy groups;
 5-8                 (2)  three representatives of community-based services
 5-9     providers for persons with disabilities;
5-10                 (3)  one representative of the Texas Department of
5-11     Mental Health and Mental Retardation; and
5-12                 (4)  one representative of the Texas Department of
5-13     Human Services.
5-14           (c)  The advisory committee shall advise the commission and
5-15     appropriate health and human services agencies with respect to
5-16     implementing the comprehensive, effectively working plan required
5-17     by Section 531.0244(a), giving primary consideration to:
5-18                 (1)  methods to identify and assess each person who
5-19     resides in  an institution but chooses to live in the community and
5-20     for whom a transfer from an institution to the community is
5-21     appropriate, as determined by the person's treating professionals;
5-22                 (2)  determining the availability of community care and
5-23     support options for persons described by Subdivision (1);
5-24                 (3)  identifying, addressing, and monitoring barriers
5-25     to implementation of the plan to improve that implementation; and
5-26                 (4)  identifying funding options for the plan.
5-27           (d)  A member of the advisory committee may not receive
 6-1     compensation for serving on the committee, but is entitled to
 6-2     reimbursement for travel expenses incurred by the member while
 6-3     conducting the business of the committee, as provided by the
 6-4     General Appropriations Act.
 6-5           (e)  The advisory committee is not subject to Chapter 2110.
 6-6           Sec. 531.02443.  COMMUNITY LIVING OPTIONS INFORMATION PROCESS
 6-7     FOR CERTAIN PERSONS WITH MENTAL RETARDATION. (a)  In this section:
 6-8                 (1)  "Institution" means:
 6-9                       (A)  a residential care facility operated or
6-10     maintained by the Texas Department of Mental Health and Mental
6-11     Retardation to provide 24-hour services, including residential
6-12     services, to persons with mental retardation; or
6-13                       (B)  an ICF-MR, as defined by Section 531.002,
6-14     Health and Safety Code.
6-15                 (2)  "Legally authorized representative" has the
6-16     meaning assigned by Section 241.151, Health and Safety Code.
6-17                 (3)  "Local mental retardation authority" has the
6-18     meaning assigned by Section 531.002, Health and Safety Code.
6-19           (b)  In addition to providing information regarding care and
6-20     support options as required by Section 531.042, the Texas
6-21     Department of Mental Health and Mental Retardation shall implement
6-22     a community living options information process in each institution
6-23     to inform persons with mental retardation who reside in the
6-24     institution and their legally authorized representatives of
6-25     alternative community living options.
6-26           (c)  The department shall provide the information required by
6-27     Subsection (b) through the community living options information
 7-1     process at least annually.  The department shall also provide the
 7-2     information at any other time on request by a person with mental
 7-3     retardation who resides in an institution or the person's legally
 7-4     authorized representative.
 7-5           (d)  If a person with mental retardation residing in an
 7-6     institution or the person's legally authorized representative
 7-7     indicates a desire to pursue an alternative community living option
 7-8     after receiving the information provided under this section, the
 7-9     department shall refer the person or the person's legally
7-10     authorized representative to the local mental retardation
7-11     authority.  The local mental retardation authority shall place the
7-12     person in an alternative community living option or on a waiting
7-13     list for those options if the options are not available to the
7-14     person on or before the 30th day after the date the person or the
7-15     person's legally authorized representative is referred to the local
7-16     mental retardation authority.
7-17           (e)  The department shall document in the records of each
7-18     person with mental retardation who resides in an institution the
7-19     information provided to the person or the person's legally
7-20     authorized representative through the community living options
7-21     information process and the results of that process.
7-22           SECTION 2.  Section 531.042, Government Code, is amended to
7-23     read as follows:
7-24           Sec. 531.042.  [COMMUNITY-BASED SERVICES] INFORMATION AND
7-25     ASSISTANCE REGARDING CARE AND SUPPORT OPTIONS; REPORTS.  (a)  The
7-26     commissioner by rule shall require each health and human services
7-27     agency to provide to each patient or client of the agency and to at
 8-1     least one family member of the patient or client, if possible,
 8-2     information regarding all care and support options available to the
 8-3     patient or client, including community-based services appropriate
 8-4     to the needs of the patient or client, before the agency allows the
 8-5     patient or client to be placed in a care setting, including a
 8-6     nursing home, intermediate care facility for the mentally retarded,
 8-7     or institution for the mentally retarded licensed or operated by
 8-8     the Department of Protective and Regulatory Services, to receive
 8-9     care or services provided by the agency or by a person under an
8-10     agreement with the agency.
8-11           (b)  The rules must require each health and human services
8-12     agency to provide information about all [community-based] long-term
8-13     care options and long-term support options available to the patient
8-14     or client, including community-based options and options available
8-15     through another agency or a private provider.  The information must
8-16     be provided in a manner designed to maximize the patient's or
8-17     client's understanding of all available options.  If the patient or
8-18     client has a legally authorized representative, as defined by
8-19     Section 241.151, Health and Safety Code [guardian], the information
8-20     must also be provided to that representative [the guardian].  If
8-21     the patient or client is in the conservatorship of a health and
8-22     human services agency, the information must be provided to the
8-23     patient's or client's agency caseworker and foster parents, if
8-24     applicable.  An agency may obtain the assistance of a
8-25     community-based organization in providing each person as required
8-26     by this section with information as provided by commission rules.
8-27           (c)  A health and human services agency that provides a
 9-1     patient, client, or other person as required by this section
 9-2     [guardian] with information as provided by commission rules shall
 9-3     obtain a statement signed by the patient or client, and each other
 9-4     person as required by this section[, if the patient or client has a
 9-5     guardian, by the patient's or client's guardian], that the patient
 9-6     or client has been informed about all care and support options
 9-7     available to the patient or client, including community-based care
 9-8     and support options, as required by commission rules.  The agency
 9-9     shall retain a copy of each signed statement in the patient's or
9-10     client's case records.
9-11           (d)  A health and human services agency that provides a
9-12     patient, client, or other person as required by this section with
9-13     information regarding care and support options available to the
9-14     patient or client shall assist the patient, client, or other person
9-15     in taking advantage of an option selected by the patient, client,
9-16     or other person.  If the selected option is not immediately
9-17     available, the agency shall provide assistance in placing the
9-18     patient or client on a waiting list for that option.
9-19           (e)  Each health and human services agency annually and as
9-20     provided by commission rule shall report to the legislature
9-21     [commission] the number of community-based service placements and
9-22     residential-care placements the agency makes.
9-23           SECTION 3.  Subchapter B, Chapter 531, Government Code, is
9-24     amended by adding Section 531.055 to read as follows:
9-25           Sec. 531.055.  VOUCHER PROGRAM FOR TRANSITIONAL LIVING
9-26     ASSISTANCE FOR PERSONS WITH DISABILITIES.  (a)  In this section:
9-27                 (1)  "Institutional housing" means:
 10-1                      (A)  an ICF-MR, as defined by Section 531.002,
 10-2    Health and Safety Code;
 10-3                      (B)  a nursing facility;
 10-4                      (C)  a state hospital, state school, or state
 10-5    center maintained and managed by the Texas Department of Mental
 10-6    Health and Mental Retardation; or
 10-7                      (D)  an institution for the mentally retarded
 10-8    licensed or operated by the Department of Protective and Regulatory
 10-9    Services.
10-10                (2)  "Integrated housing" means housing in which a
10-11    person with a disability resides or may reside that is found in the
10-12    community but that is not exclusively occupied by persons with
10-13    disabilities and their care providers.
10-14          (b)  The commission shall coordinate with the Texas
10-15    Department of Human Services, the Texas Department of Housing and
10-16    Community Affairs, and the Texas Department of Mental Health and
10-17    Mental Retardation to develop a housing assistance program to
10-18    assist persons with disabilities in moving from institutional
10-19    housing to integrated housing.  In developing the program, the
10-20    agencies shall address:
10-21                (1)  eligibility requirements for assistance;
10-22                (2)  the period during which a person with a disability
10-23    may receive assistance;
10-24                (3)  the types of housing expenses to be covered under
10-25    the program; and
10-26                (4)  the locations at which the program will be
10-27    operated.
 11-1          (c)  The commission shall require the Texas Department of
 11-2    Human Services to implement and administer the housing assistance
 11-3    program under this section.  The department may coordinate with the
 11-4    Texas Department of Housing and Community Affairs in implementing
 11-5    and administering the program.
 11-6          (d)  The Texas Department of Human Services shall provide
 11-7    information to the commission as necessary to facilitate the
 11-8    development and implementation of the housing assistance program.
 11-9          SECTION 4.  Chapter 22, Human Resources Code, is amended by
11-10    adding Sections 22.037 and 22.038 to read as follows:
11-11          Sec. 22.037.  PILOT PROGRAM FOR COMMUNITY-BASED ALTERNATIVES
11-12    FOR PERSONS WITH DISABILITIES.  (a)  In this section:
11-13                (1)  "Institution" means:
11-14                      (A)  an ICF-MR, as defined by Section 531.002,
11-15    Health and Safety Code;
11-16                      (B)  a nursing facility;
11-17                      (C)  a state hospital, state school, or state
11-18    center maintained and managed by the Texas Department of Mental
11-19    Health and Mental Retardation; or
11-20                      (D)  an institution for the mentally retarded
11-21    licensed or operated by the Department of Protective and Regulatory
11-22    Services.
11-23                (2)  "Legally authorized representative" has the
11-24    meaning assigned by Section 241.151, Health and Safety Code.
11-25          (b)  The department, in cooperation with the Texas Department
11-26    of Mental Health and Mental Retardation and the Department of
11-27    Protective and Regulatory Services in accordance with the
 12-1    memorandum of understanding adopted under Section 22.038, shall
 12-2    develop and implement in at least five sites a pilot program to
 12-3    provide a system of services and support that fosters independence
 12-4    and productivity and provides meaningful opportunities for persons
 12-5    with disabilities to live in the community.  The department shall
 12-6    determine the pilot sites.
 12-7          (c)  The pilot program, subject to the availability of funds,
 12-8    shall include the following components:
 12-9                (1)  a comprehensive system of improved policies and
12-10    procedures to avoid inappropriately placing a person with a
12-11    disability in an institution, including policies and procedures
12-12    that require:
12-13                      (A)  a preadmission screening for the person that
12-14    includes the participation of hospital discharge staff and the
12-15    person's physician; and
12-16                      (B)  an analysis of the costs, benefits, and
12-17    effectiveness of placing the person in a community-based
12-18    alternative care setting;
12-19                (2)  a program under which physicians who treat persons
12-20    with disabilities and hospital discharge staff are:
12-21                      (A)  trained and educated regarding the
12-22    availability of community-based alternatives to
12-23    institutionalization to reduce the number of persons
12-24    inappropriately placed in an institution;
12-25                      (B)  required to inform a person with a
12-26    disability and any other person required to be provided information
12-27    under Section 531.042, Government Code, of all care and support
 13-1    options available to the person with the disability, including
 13-2    community-based care and support options, before that person makes
 13-3    a decision regarding a long-term care placement; and
 13-4                      (C)  required to contact and offer the assistance
 13-5    of a permanency planning specialist to a person with a disability
 13-6    before that person makes a decision regarding a long-term care
 13-7    placement;
 13-8                (3)  a program, including a program implemented through
 13-9    grants to community-based organizations, to provide a transition
13-10    case manager to:
13-11                      (A)  assist a person with a disability in making
13-12    a transition from an institution to a community-based alternative
13-13    care setting after that person or the person's legally authorized
13-14    representative decides the person should make that transition; and
13-15                      (B)  coordinate with the local mental health or
13-16    mental retardation authority, as defined by Section 531.002, Health
13-17    and Safety Code, in:
13-18                            (i)  providing services to the person
13-19    related to the assistance described by Paragraph (A), if
13-20    applicable;
13-21                            (ii)  conducting outreach initiatives under
13-22    Subdivision (4); and
13-23                            (iii)  implementing the community living
13-24    options information process under Section 531.02443, Government
13-25    Code;
13-26                (4)  a program to provide grants to community-based
13-27    organizations to conduct outreach initiatives to identify persons
 14-1    with disabilities who may inappropriately reside in an institution;
 14-2    and
 14-3                (5)  a program under which presumptive eligibility is
 14-4    authorized for community-based care and support programs for a
 14-5    person with a disability.
 14-6          (d)  Outreach activities required by Subsection (c)(4) shall
 14-7    be conducted in addition to information provided through the
 14-8    community living options information process under Section
 14-9    531.02443, Government Code, if applicable.
14-10          (e)  The department by rule shall establish qualifications
14-11    for a person not affiliated with the department, the Texas
14-12    Department of Mental Health and Mental Retardation, the Department
14-13    of Protective and Regulatory Services, or a state school who
14-14    implements a component of the pilot program by providing outreach
14-15    services to a resident of a state school.  The department shall
14-16    require that the person meet those qualifications.
14-17          (f)  The Texas Department of Mental Health and Mental
14-18    Retardation shall ensure that:
14-19                (1)  the legally authorized representative of a
14-20    resident of a state school is present during each contact between
14-21    the resident and a person described by Subsection (e) who provides
14-22    outreach services if the representative requests to be present; and
14-23                (2)  a person described by Subsection (e) who provides
14-24    outreach services does not have contact with a resident of a state
14-25    school if the resident's legally authorized representative opposes
14-26    that contact.
14-27          (g)  The department shall implement each component of the
 15-1    pilot program described by Subsection (c) for which the legislature
 15-2    appropriates sufficient money.  The department is not required to
 15-3    implement a component if the legislature does not appropriate
 15-4    sufficient money for that component.
 15-5          (h)  Not later than January 15, 2005, the department shall
 15-6    submit a report concerning the effectiveness of the pilot program
 15-7    to the presiding officers of both houses of the legislature and to
 15-8    the governor.  The report must include:
 15-9                (1)  an evaluation of the strengths and weaknesses of
15-10    each implemented component of the pilot program;
15-11                (2)  a recommendation regarding the feasibility of
15-12    expanding the pilot program statewide; and
15-13                (3)  a recommendation regarding adopting improved
15-14    policies and procedures with statewide applicability, as determined
15-15    from the information obtained in operating the pilot program, to
15-16    ensure appropriate care settings for persons with disabilities.
15-17          Sec. 22.038.  MEMORANDUM OF UNDERSTANDING ON PILOT PROGRAM
15-18    FOR COMMUNITY-BASED ALTERNATIVES FOR PERSONS WITH DISABILITIES.
15-19    (a)  The department, the Texas Department of Mental Health and
15-20    Mental Retardation, and the Department of Protective and Regulatory
15-21    Services shall adopt a memorandum of understanding to implement the
15-22    pilot program under Section 22.037.
15-23          (b)  The memorandum of understanding must:
15-24                (1)  define the responsibilities of each agency in
15-25    implementing the components of the pilot program; and
15-26                (2)  provide for interagency coordination and
15-27    integration with respect to appropriate components of the pilot
 16-1    program, including any components:
 16-2                      (A)  that serve persons for whom each of the
 16-3    agencies otherwise provides services;
 16-4                      (B)  for which coordination and integration among
 16-5    the agencies will result in the more efficient accomplishment of
 16-6    the goals of the comprehensive, effectively working plan
 16-7    implemented under Section 531.0244, Government Code; or
 16-8                      (C)  that are recommended by the interagency work
 16-9    group under Section 531.02441, Government Code, for coordination
16-10    and integration.
16-11          (c)  Not later than September 1 of each year, the department,
16-12    the Texas Department of Mental Health and Mental Retardation, and
16-13    the Department of Protective and Regulatory Services shall review
16-14    and update the memorandum.
16-15          (d)  Each agency by rule shall adopt the memorandum of
16-16    understanding and all revisions to the memorandum.
16-17          SECTION 5.  Not later than December 1, 2001, the commissioner
16-18    of health and human services shall:
16-19                (1)  establish the interagency work group under Section
16-20    531.02441, Government Code, as added by this Act;
16-21                (2)  establish the advisory committee under Section
16-22    531.02442, Government Code, as added by this Act; and
16-23                (3)  adopt rules under Section 531.042, Government
16-24    Code, as amended by this Act.
16-25          SECTION 6.  Not later than March 1, 2002, the Texas
16-26    Department of Mental Health and Mental Retardation shall implement
16-27    the community living options information process required by
 17-1    Section 531.02443, Government Code, as added by this Act.
 17-2          SECTION 7.  Notwithstanding Section 531.042(a), Government
 17-3    Code, as amended by this Act, not later than March 1, 2002, each
 17-4    health and human services agency shall provide to each patient or
 17-5    client of the agency who is in a care setting on the effective date
 17-6    of this Act and to each other person as required by Section
 17-7    531.042, Government Code, as amended by this Act, the information
 17-8    required by that section and shall obtain the statement required by
 17-9    that section.
17-10          SECTION 8.  Not later than December 1, 2002, the Texas
17-11    Department of Human Services shall, subject to the availability of
17-12    funds, implement the pilot program under Section 22.037, Human
17-13    Resources Code, as added by this Act.
17-14          SECTION 9.  Not later than September 1, 2002, the Texas
17-15    Department of Human Services, the Texas Department of Mental Health
17-16    and Mental Retardation, and the Department of Protective and
17-17    Regulatory Services shall adopt the memorandum of understanding
17-18    under Section 22.038, Human Resources Code, as added by this Act.
17-19          SECTION 10.  This Act takes effect September 1, 2001.