77R8939 KLA-D By Maxey H.B. No. 2258 Substitute the following for H.B. No. 2258: By Naishtat C.S.H.B. No. 2258 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.