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 * * * * *