By Maxey                                              H.B. No. 2258
         77R8939 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the identification of certain nursing home residents
 1-3     having a mental illness or mental retardation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter F, Chapter 242, Health and Safety Code,
 1-6     is amended by adding Section 242.158 to read as follows:
 1-7           Sec. 242.158.  IDENTIFICATION OF CERTAIN NURSING HOME
 1-8     RESIDENTS REQUIRING MENTAL HEALTH OR MENTAL RETARDATION SERVICES.
 1-9     (a)  The department shall identify each resident of a nursing home
1-10     who has a mental illness or mental retardation before the resident
1-11     makes a transition to a community-based care setting, regardless of
1-12     whether the resident is receiving treatment or services for a
1-13     mental illness or mental retardation.
1-14           (b)  The department shall use identification processes to
1-15     identify residents as required by this section that are at least as
1-16     effective as the Preadmission Screening and Resident Review mental
1-17     illness or mental retardation identification process.
1-18           (c)  The department shall compile and provide to the Texas
1-19     Department of Mental Health and Mental Retardation information
1-20     regarding each resident identified as having a mental illness or
1-21     mental retardation before the resident makes a transition from the
1-22     nursing home to a community-based care setting.
1-23           (d)  The Texas Department of Mental Health and Mental
1-24     Retardation shall use the information provided under Subsection (c)
 2-1     to:
 2-2                 (1)  determine the need for and funding levels of
 2-3     mental health and mental retardation services for residents making
 2-4     a transition from a nursing home to a community-based care setting;
 2-5                 (2)  provide mental health or mental retardation
 2-6     services to an identified resident after the resident makes that
 2-7     transition; and
 2-8                 (3)  refer an identified resident to a local mental
 2-9     health  or mental retardation authority or private provider for
2-10     additional mental health or mental retardation services.
2-11           SECTION 2. This Act takes effect September 1, 2001.