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