1-1     By:  Maxey (Senate Sponsor - Moncrief)                H.B. No. 2258
 1-2           (In the Senate - Received from the House April 2, 2001;
 1-3     April 3, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; April 30, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; April 30, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2258                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the identification of certain nursing home residents
1-11     having a mental illness or mental retardation.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Subchapter F, Chapter 242, Health and Safety Code,
1-14     is amended by adding Section 242.158 to read as follows:
1-15           Sec. 242.158.  IDENTIFICATION OF CERTAIN NURSING HOME
1-16     RESIDENTS REQUIRING MENTAL HEALTH OR MENTAL RETARDATION SERVICES.
1-17     (a)  The department shall identify each resident of a nursing home
1-18     who has a mental illness or mental retardation after the resident
1-19     has decided to make a transition to a community-based care setting
1-20     and before the resident makes that transition, regardless of
1-21     whether the resident is receiving treatment or services for a
1-22     mental illness or mental retardation.
1-23           (b)  The department shall use identification processes to
1-24     identify residents as required by this section that are at least as
1-25     effective as the Preadmission Screening and Resident Review mental
1-26     illness or mental retardation identification process.
1-27           (c)  The department shall compile and provide to the Texas
1-28     Department of Mental Health and Mental Retardation information
1-29     regarding each resident identified as having a mental illness or
1-30     mental retardation after the resident decides to make a transition
1-31     from the nursing home to a community-based care setting and before
1-32     the resident makes that transition.
1-33           (d)  The Texas Department of Mental Health and Mental
1-34     Retardation shall use the information provided under Subsection (c)
1-35     to:
1-36                 (1)  determine the need for and funding levels of
1-37     mental health and mental retardation services for residents making
1-38     a transition from a nursing home to a community-based care setting;
1-39                 (2)  provide mental health or mental retardation
1-40     services to an identified resident after the resident makes that
1-41     transition; and
1-42                 (3)  refer an identified resident to a local mental
1-43     health  or mental retardation authority or private provider for
1-44     additional mental health or mental retardation services.
1-45           (e)  This section does not authorize the department to decide
1-46     for a resident of a nursing home that the resident will make a
1-47     transition from the nursing home to a community-based care setting.
1-48           SECTION 2. This Act takes effect September 1, 2001.
1-49                                  * * * * *