By Maxey                                              H.B. No. 2258
         77R4866 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the assessment of certain nursing home residents for
 1-3     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.  MENTAL HEALTH ASSESSMENT. (a)  The department
 1-8     shall assess each resident of a nursing home before the resident
 1-9     makes a transition to a community-based care setting to determine
1-10     whether the resident has a mental illness or mental retardation,
1-11     regardless of whether the resident is receiving treatment for a
1-12     mental illness.
1-13           (b)  In conducting an assessment under this section, the
1-14     department shall use assessment processes that are at least as
1-15     effective as the Preadmission Screening and Resident Review mental
1-16     illness or mental retardation assessment.
1-17           (c)  The department shall compile and provide to the Texas
1-18     Department of Mental Health and Mental Retardation information
1-19     regarding each resident identified through the assessment process
1-20     as having a mental illness or mental retardation before the
1-21     resident makes a transition from the nursing home to a
1-22     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 services for residents making a transition from a
 2-4     nursing home to a community-based care setting;
 2-5                 (2)  provide mental health services to an identified
 2-6     resident after the resident makes that transition; and
 2-7                 (3)  refer an identified resident to a local mental
 2-8     health  or mental retardation authority or private provider for
 2-9     additional mental health services.
2-10           SECTION 2. This Act takes effect September 1, 2001.