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)  Each resident of a nursing home who is considering making a
1-10     transition to a community-based care setting shall be identified to
1-11     determine the presence of a mental illness or mental retardation,
1-12     regardless of whether the resident is receiving treatment or
1-13     services for a mental illness or mental retardation.
1-14           (b)  In identifying residents having a mental illness or
1-15     mental retardation, the department shall use an identification
1-16     process that is at least as effective as the mental health and
1-17     mental retardation identification process established by federal
1-18     law.  The results of the identification process may not be used to
1-19     prevent a resident from remaining in the nursing home unless the
1-20     nursing home is unable to provide adequate care for the resident.
1-21           (c)  The department shall compile and provide to the Texas
1-22     Department of Mental Health and Mental Retardation information
1-23     regarding each resident identified as having a mental illness or
1-24     mental retardation before the resident makes a transition from the
 2-1     nursing home to a community-based care setting.
 2-2           (d)  The Texas Department of Mental Health and Mental
 2-3     Retardation shall use the information provided under Subsection (c)
 2-4     solely for the purposes of:
 2-5                 (1)  determining the need for and funding levels of
 2-6     mental health and mental retardation services for residents making
 2-7     a transition from a nursing home to a community-based care setting;
 2-8                 (2)  providing mental health or mental retardation
 2-9     services to an identified resident after the resident makes that
2-10     transition; and
2-11                 (3)  referring an identified resident to a local mental
2-12     health  or mental retardation authority or private provider for
2-13     additional mental health or mental retardation services.
2-14           (e)  This section does not authorize the department to decide
2-15     for a resident of a nursing home that the resident will make a
2-16     transition from the nursing home to a community-based care setting.
2-17           SECTION 2. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2258 was passed by the House on March
         29, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2258 on May 15, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2258 was passed by the Senate, with
         amendments, on May 8, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor