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