1-1                                   AN ACT
 1-2     relating to ensuring an appropriate care setting for a person with
 1-3     a disability.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 531, Government Code, is
 1-6     amended by adding Sections 531.0244, 531.02441, and 531.02442 to
 1-7     read as follows:
 1-8           Sec. 531.0244.  ENSURING APPROPRIATE CARE SETTING FOR PERSONS
 1-9     WITH DISABILITIES.  (a)  The commission and appropriate health and
1-10     human services agencies shall implement a comprehensive,
1-11     effectively working plan that provides a system of services and
1-12     support that fosters independence and productivity and provides
1-13     meaningful opportunities for a person with a disability to live in
1-14     the most appropriate care setting, considering:
1-15                 (1)  the person's physical, medical, and behavioral
1-16     needs;
1-17                 (2)  the least restrictive care setting in which the
1-18     person can reside;
1-19                 (3)  the person's choice of care settings in which to
1-20     reside;
1-21                 (4)  the availability of state resources; and
1-22                 (5)  the availability of state programs for which the
1-23     person qualifies that can assist the person.
1-24           (b)  The comprehensive, effectively working plan required by
1-25     Subsection (a) must require appropriate health and human services
 2-1     agencies to:
 2-2                 (1)  provide to a person with a disability living in an
 2-3     institution and to any other person as required by Sections 531.042
 2-4     and 531.02442 information regarding care and support options
 2-5     available to the person with a disability, including
 2-6     community-based services appropriate to the needs of that person;
 2-7                 (2)  recognize that certain persons with disabilities
 2-8     are represented by legally authorized representatives as defined by
 2-9     Section 241.151, Health and Safety Code, whom the agencies must
2-10     include in any decision-making process facilitated by the plan's
2-11     implementation;
2-12                 (3)  facilitate a timely and appropriate transfer of a
2-13     person with a disability from an institution to an appropriate
2-14     setting in the community if:
2-15                       (A)  the person chooses to live in the community;
2-16                       (B)  the person's treating professionals
2-17     determine the transfer is appropriate; and
2-18                       (C)  the transfer can be reasonably accommodated,
2-19     considering the state's available resources and the needs of other
2-20     persons with disabilities; and
2-21                 (4)  develop strategies to prevent the unnecessary
2-22     placement in an institution of a person with a disability who is
2-23     living in the community but is in imminent risk of requiring
2-24     placement in an institution because of a lack of community
2-25     services.
2-26           (c)  For purposes of developing the strategies required by
 3-1     Subsection (b)(4), a person with a mental illness who is admitted
 3-2     to a facility of the Texas Department of Mental Health and Mental
 3-3     Retardation for inpatient mental health services three or more
 3-4     times during a 180-day period is presumed to be in imminent risk of
 3-5     requiring placement in an institution.  The strategies must be
 3-6     developed in a manner that presumes the person's eligibility for
 3-7     and the appropriateness of intensive community-based services and
 3-8     support.
 3-9           (d)  In implementing the plan required by Subsection (a), a
3-10     health and human services agency may not deny an eligible person
3-11     with a disability access to an institution or remove an eligible
3-12     person with a disability from an institution if the person prefers
3-13     the type and degree of care provided in the institution and that
3-14     care is appropriate for the person.  A health and human services
3-15     agency may deny the person access to an institution or remove the
3-16     person from an institution to protect the person's health or
3-17     safety.
3-18           (e)  Each appropriate health and human services agency shall
3-19     implement the strategies and recommendations under the plan
3-20     required by Subsection (a) subject to the availability of funds.
3-21           (f)  This section does not create a cause of action.
3-22           (g)  Not later than December 1 of each even-numbered year,
3-23     the commissioner shall submit to the governor and the legislature a
3-24     report on the status of the implementation of the plan required by
3-25     Subsection (a).  The report must include recommendations on any
3-26     statutory or other action necessary to implement the plan.
 4-1           Sec. 531.02441.  INTERAGENCY TASK FORCE ON ENSURING
 4-2     APPROPRIATE CARE SETTINGS FOR PERSONS WITH DISABILITIES.  (a)  The
 4-3     commissioner shall establish an interagency task force to assist
 4-4     the commission and appropriate health and human services agencies
 4-5     in developing a comprehensive, effectively working plan to ensure
 4-6     appropriate care settings for persons with disabilities.
 4-7           (b)  The commissioner shall determine the number of members
 4-8     of the task force.  The commissioner shall appoint as members of
 4-9     the task force:
4-10                 (1)  representatives of appropriate health and human
4-11     services agencies, including the Texas Department of Human Services
4-12     and the Texas Department of Mental Health and Mental Retardation;
4-13                 (2)  representatives of related work groups, including
4-14     representatives of the work groups established under Sections
4-15     22.034 and 22.035, Human Resources Code;
4-16                 (3)  representatives of consumer and family advocacy
4-17     groups; and
4-18                 (4)  representatives of service providers for persons
4-19     with disabilities.
4-20           (c)  The commissioner shall designate a member of the task
4-21     force to serve as presiding officer.  The members of the task force
4-22     shall elect any other necessary officers.
4-23           (d)  The task force shall meet at the call of the
4-24     commissioner.
4-25           (e)  A member of the task force serves at the will of the
4-26     commissioner.
 5-1           (f)  A member of the task force may not receive compensation
 5-2     for serving on the task force but is entitled to reimbursement for
 5-3     travel expenses incurred by the member while conducting the
 5-4     business of the task force as provided by the General
 5-5     Appropriations Act.
 5-6           (g)  The task force shall study and make recommendations to
 5-7     the commission on:
 5-8                 (1)  developing the comprehensive, effectively working
 5-9     plan required by Section 531.0244(a) to ensure appropriate care
5-10     settings for persons with disabilities; and
5-11                 (2)  identifying appropriate components of the pilot
5-12     program established under Section 22.037, Human Resources Code, for
5-13     coordination and integration among the Texas Department of Human
5-14     Services, the Texas Department of Mental Health and Mental
5-15     Retardation, and the Department of Protective and Regulatory
5-16     Services.
5-17           (h)  In addition to making recommendations under Subsection
5-18     (g), the task force shall advise the commission and appropriate
5-19     health and human services agencies with respect to implementing the
5-20     comprehensive, effectively working plan required by Section
5-21     531.0244(a), giving primary consideration to:
5-22                 (1)  methods to identify and assess each person who
5-23     resides in an institution but chooses to live in the community and
5-24     for whom a transfer from an institution to the community is
5-25     appropriate, as determined by the person's treating professionals;
5-26                 (2)  determining the health and human services
 6-1     agencies' availability of community care and support options
 6-2     relating to all persons described by Subdivision (1);
 6-3                 (3)  identifying, addressing, and monitoring barriers
 6-4     to implementation of the plan to improve that implementation; and
 6-5                 (4)  identifying funding options for the plan.
 6-6           (i)  Not later than September 1 of each year, the task force
 6-7     shall submit a report to the commissioner on its findings and
 6-8     recommendations required by Subsection (g).
 6-9           Sec. 531.02442.  COMMUNITY LIVING OPTIONS INFORMATION PROCESS
6-10     FOR CERTAIN PERSONS WITH MENTAL RETARDATION.  (a)  In this section:
6-11                 (1)  "Institution" means:
6-12                       (A)  a residential care facility operated or
6-13     maintained by the Texas Department of Mental Health and Mental
6-14     Retardation to provide 24-hour services, including residential
6-15     services, to persons with mental retardation; or
6-16                       (B)  an ICF-MR, as defined by Section 531.002,
6-17     Health and Safety Code.
6-18                 (2)  "Legally authorized representative" has the
6-19     meaning assigned by Section 241.151, Health and Safety Code.
6-20                 (3)  "Local mental retardation authority" has the
6-21     meaning assigned by Section 531.002, Health and Safety Code.
6-22           (b)  In addition to providing information regarding care and
6-23     support options as required by Section 531.042, the Texas
6-24     Department of Mental Health and Mental Retardation shall implement
6-25     a community living options information process in each institution
6-26     to inform persons with mental retardation who reside in the
 7-1     institution and their legally authorized representatives of
 7-2     alternative community living options.
 7-3           (c)  The department shall provide the information required by
 7-4     Subsection (b) through the community living options information
 7-5     process at least annually.  The department shall also provide the
 7-6     information at any other time on request by a person with mental
 7-7     retardation who resides in an institution or the person's legally
 7-8     authorized representative.
 7-9           (d)  If a person with mental retardation residing in an
7-10     institution or the person's legally authorized representative
7-11     indicates a desire to pursue an alternative community living option
7-12     after receiving the information provided under this section, the
7-13     department shall refer the person or the person's legally
7-14     authorized representative to the local mental retardation
7-15     authority.  The local mental retardation authority shall place the
7-16     person in an alternative community living option, subject to the
7-17     availability of funds, or on a waiting list for those options if
7-18     the options are not available to the person for any reason on or
7-19     before the 30th day after the date the person or the person's
7-20     legally authorized representative is referred to the local mental
7-21     retardation authority.
7-22           (e)  The department shall document in the records of each
7-23     person with mental retardation who resides in an institution the
7-24     information provided to the person or the person's legally
7-25     authorized representative through the community living options
7-26     information process and the results of that process.
 8-1           SECTION 2.  Section 531.042, Government Code, is amended to
 8-2     read as follows:
 8-3           Sec. 531.042.  [COMMUNITY-BASED SERVICES] INFORMATION AND
 8-4     ASSISTANCE REGARDING CARE AND SUPPORT OPTIONS; REPORTS.  (a)  The
 8-5     commissioner by rule shall require each health and human services
 8-6     agency to provide to each patient or client of the agency and to at
 8-7     least one family member of the patient or client, if possible,
 8-8     information regarding all care and support options available to the
 8-9     patient or client, including community-based services appropriate
8-10     to the needs of the patient or client, before the agency allows the
8-11     patient or client to be placed in a care setting, including a
8-12     nursing home, intermediate care facility for the mentally retarded,
8-13     or institution for the mentally retarded licensed or operated by
8-14     the Department of Protective and Regulatory Services, to receive
8-15     care or services provided by the agency or by a person under an
8-16     agreement with the agency.
8-17           (b)  The rules must require each health and human services
8-18     agency to provide information about all [community-based] long-term
8-19     care options and long-term support options available to the patient
8-20     or client, including community-based options and options available
8-21     through another agency or a private provider.  The information must
8-22     be provided in a manner designed to maximize the patient's or
8-23     client's understanding of all available options.  If the patient or
8-24     client has a legally authorized representative, as defined by
8-25     Section 241.151, Health and Safety Code [guardian], the information
8-26     must also be provided to that representative [the guardian].  If
 9-1     the patient or client is in the conservatorship of a health and
 9-2     human services agency, the information must be provided to the
 9-3     patient's or client's agency caseworker and foster parents, if
 9-4     applicable.
 9-5           (c)  A health and human services agency that provides a
 9-6     patient, client, or other person as required by this section with
 9-7     information regarding care and support options available to the
 9-8     patient or client shall assist the patient, client, or other person
 9-9     in taking advantage of an option selected by the patient, client,
9-10     or other person, subject to the availability of funds.  If the
9-11     selected option is not immediately available for any reason, the
9-12     agency shall provide assistance in placing the patient or client on
9-13     a waiting list for that option [guardian with information as
9-14     provided by commission rules shall obtain a statement signed by the
9-15     patient or client, and, if the patient or client has a guardian, by
9-16     the patient's or client's guardian, that the patient or client has
9-17     been informed about community-based care and support options as
9-18     required by commission rules.  The agency shall retain a copy of
9-19     each signed statement in the patient's or client's case records].
9-20           (d)  Each health and human services agency annually and as
9-21     provided by commission rule shall report to the legislature
9-22     [commission] the number of community-based service placements and
9-23     residential-care placements the agency makes.
9-24           SECTION 3.  Subchapter B, Chapter 531, Government Code, is
9-25     amended by adding Section 531.055 to read as follows:
9-26           Sec. 531.055.  VOUCHER PROGRAM FOR TRANSITIONAL LIVING
 10-1    ASSISTANCE FOR PERSONS WITH DISABILITIES.  (a)  In this section:
 10-2                (1)  "Institutional housing" means:
 10-3                      (A)  an ICF-MR, as defined by Section 531.002,
 10-4    Health and Safety Code;
 10-5                      (B)  a nursing facility;
 10-6                      (C)  a state hospital, state school, or state
 10-7    center maintained and managed by the Texas Department of Mental
 10-8    Health and Mental Retardation; or
 10-9                      (D)  an institution for the mentally retarded
10-10    licensed or operated by the Department of Protective and Regulatory
10-11    Services.
10-12                (2)  "Integrated housing" means housing in which a
10-13    person with a disability resides or may reside that is found in the
10-14    community but that is not exclusively occupied by persons with
10-15    disabilities and their care providers.
10-16          (b)  Subject to the availability of funds, the commission
10-17    shall coordinate with the Texas Department of Human Services, the
10-18    Texas Department of Housing and Community Affairs, and the Texas
10-19    Department of Mental Health and Mental Retardation to develop a
10-20    housing assistance program to assist persons with disabilities in
10-21    moving from institutional housing to integrated housing.  In
10-22    developing the program, the agencies shall address:
10-23                (1)  eligibility requirements for assistance;
10-24                (2)  the period during which a person with a disability
10-25    may receive assistance;
10-26                (3)  the types of housing expenses to be covered under
 11-1    the program; and
 11-2                (4)  the locations at which the program will be
 11-3    operated.
 11-4          (c)  Subject to the availability of funds, the commission
 11-5    shall require the Texas Department of Human Services to implement
 11-6    and administer the housing assistance program under this section.
 11-7    The department shall coordinate with the Texas Department of
 11-8    Housing and Community Affairs in implementing and administering the
 11-9    program, determining the availability of funding from the United
11-10    States Department of Housing and Urban Development, and obtaining
11-11    those funds.
11-12          (d)  The Texas Department of Human Services and the Texas
11-13    Department of Housing and Community Affairs shall provide
11-14    information to the commission as necessary to facilitate the
11-15    development and implementation of the housing assistance program.
11-16          SECTION 4.  Chapter 22, Human Resources Code, is amended by
11-17    adding Sections 22.037 and 22.038 to read as follows:
11-18          Sec. 22.037.  PILOT PROGRAM FOR COMMUNITY-BASED ALTERNATIVES
11-19    FOR PERSONS WITH DISABILITIES.  (a)  In this section:
11-20                (1)  "Institution" means:
11-21                      (A)  an ICF-MR, as defined by Section 531.002,
11-22    Health and Safety Code;
11-23                      (B)  a nursing facility; or
11-24                      (C)  an institution for the mentally retarded
11-25    licensed or operated by the Department of Protective and Regulatory
11-26    Services.
 12-1                (2)  "Legally authorized representative" has the
 12-2    meaning assigned by Section 241.151, Health and Safety Code.
 12-3          (b)  The department, in cooperation with the Texas Department
 12-4    of Mental Health and Mental Retardation and the Department of
 12-5    Protective and Regulatory Services in accordance with the
 12-6    memorandum of understanding adopted under Section 22.038, shall
 12-7    develop and implement in at least three sites a pilot program to
 12-8    provide a system of services and support that fosters independence
 12-9    and productivity and provides meaningful opportunities for persons
12-10    with disabilities to live in the community.  The department shall
12-11    determine the pilot sites, with one site in a rural area, one site
12-12    in an urban area, and one site in a mixed urban and rural area.  In
12-13    determining the sites, the department shall consider the length of
12-14    waiting lists for community-based services and support in each area
12-15    and give preference to areas with the longest waiting lists.
12-16          (c)  The pilot program, subject to the availability of funds,
12-17    shall include the following components:
12-18                (1)  a comprehensive system of improved policies and
12-19    procedures to avoid inappropriately placing a person with a
12-20    disability in an institution, including policies and procedures
12-21    that require:
12-22                      (A)  a preadmission screening for the person that
12-23    includes the participation of hospital discharge staff and the
12-24    person's physician; and
12-25                      (B)  an analysis of the costs, benefits, and
12-26    effectiveness of placing the person in a community-based
 13-1    alternative care setting;
 13-2                (2)  a program under which physicians who treat persons
 13-3    with disabilities and hospital discharge staff are:
 13-4                      (A)  educated about the availability of
 13-5    community-based alternatives to institutionalization to reduce the
 13-6    number of persons inappropriately placed in an institution; and
 13-7                      (B)  required to inform a person with a
 13-8    disability and any other person required to be provided information
 13-9    under Section 531.042, Government Code, of all care and support
13-10    options available to the person with the disability, including
13-11    community-based care and support options, before that person makes
13-12    a decision regarding a long-term care placement;
13-13                (3)  a program, including a program implemented through
13-14    grants to community-based organizations, to provide a transition
13-15    case manager to:
13-16                      (A)  assist a person with a disability in making
13-17    a transition from an institution to a community-based alternative
13-18    care setting after that person or the person's legally authorized
13-19    representative decides the person should make that transition; and
13-20                      (B)  coordinate with the local mental health or
13-21    mental retardation authority, as defined by Section 531.002, Health
13-22    and Safety Code, in:
13-23                            (i)  providing services to the person
13-24    related to the assistance described by Paragraph (A), if
13-25    applicable; and
13-26                            (ii)  conducting outreach initiatives under
 14-1    Subdivision (4);
 14-2                (4)  a program to provide grants to community-based
 14-3    organizations to conduct outreach initiatives to identify persons
 14-4    with disabilities who may inappropriately reside in an institution;
 14-5    and
 14-6                (5)  a program under which presumptive eligibility is
 14-7    authorized for community-based care and support programs for a
 14-8    person with a disability.
 14-9          (d)  The department shall implement each component of the
14-10    pilot program described by Subsection (c) for which the legislature
14-11    appropriates sufficient money.  The department is not required to
14-12    implement a component if the legislature does not appropriate
14-13    sufficient money for that component.
14-14          (e)  Not later than January 15, 2005, the department shall
14-15    submit a report concerning the effectiveness of the pilot program
14-16    to the presiding officers of both houses of the legislature and to
14-17    the governor.  The report must include:
14-18                (1)  an evaluation of the strengths and weaknesses of
14-19    each implemented component of the pilot program;
14-20                (2)  a recommendation regarding the feasibility of
14-21    expanding the pilot program statewide; and
14-22                (3)  a recommendation regarding adopting improved
14-23    policies and procedures with statewide applicability, as determined
14-24    from the information obtained in operating the pilot program, to
14-25    ensure appropriate care settings for persons with disabilities.
14-26          Sec. 22.038.  MEMORANDUM OF UNDERSTANDING ON PILOT PROGRAM
 15-1    FOR COMMUNITY-BASED ALTERNATIVES FOR PERSONS WITH DISABILITIES.
 15-2    (a)  The department, the Texas Department of Mental Health and
 15-3    Mental Retardation, and the Department of Protective and Regulatory
 15-4    Services shall adopt a memorandum of understanding to implement the
 15-5    pilot program under Section 22.037.
 15-6          (b)  The memorandum of understanding must:
 15-7                (1)  define the responsibilities of each agency in
 15-8    implementing the components of the pilot program; and
 15-9                (2)  provide for interagency coordination and
15-10    integration with respect to appropriate components of the pilot
15-11    program, including any components:
15-12                      (A)  that serve persons for whom each of the
15-13    agencies otherwise provides services;
15-14                      (B)  for which coordination and integration among
15-15    the agencies will result in the more efficient accomplishment of
15-16    the goals of the comprehensive, effectively working plan
15-17    implemented under Section 531.0244, Government Code; or
15-18                      (C)  that are recommended by the interagency task
15-19    force under Section 531.02441, Government Code, for coordination
15-20    and integration.
15-21          (c)  Not later than September 1 of each year, the department,
15-22    the Texas Department of Mental Health and Mental Retardation, and
15-23    the Department of Protective and Regulatory Services shall review
15-24    and update the memorandum.
15-25          (d)  Each agency by rule shall adopt the memorandum of
15-26    understanding and all revisions to the memorandum.
 16-1          SECTION 5.  Subchapter B, Chapter 533, Health and Safety
 16-2    Code, is amended by adding Section 533.048 to read as follows:
 16-3          Sec. 533.048.  GUARDIANSHIP ADVISORY COMMITTEE.  (a)  In this
 16-4    section, "institution" means:
 16-5                (1)  an ICF-MR; or
 16-6                (2)  a state hospital, state school, or state center
 16-7    maintained and managed by the department.
 16-8          (b)  The commissioner shall appoint a guardianship advisory
 16-9    committee composed of nine members, five of whom must be parents of
16-10    residents of institutions.
16-11          (c)  The commissioner shall designate a member of the
16-12    advisory committee to serve as presiding officer.  The members of
16-13    the advisory committee shall elect any other necessary officers.
16-14          (d)  The advisory committee shall meet at the call of the
16-15    presiding officer.
16-16          (e)  A member of the advisory committee serves at the will of
16-17    the commissioner.
16-18          (f)  A member of the advisory committee may not receive
16-19    compensation for serving on the advisory committee but is entitled
16-20    to reimbursement for travel expenses incurred by the member while
16-21    conducting the business of the advisory committee as provided by
16-22    the General Appropriations Act.
16-23          (g)  The advisory committee shall develop a plan and make
16-24    specific recommendations to the department regarding methods to
16-25    facilitate the appointment of relatives of residents of
16-26    institutions as guardians of those residents to make decisions
 17-1    regarding appropriate care settings for the residents.
 17-2          SECTION 6.  Not later than December 1, 2001, the commissioner
 17-3    of health and human services shall:
 17-4                (1)  establish the interagency task force under Section
 17-5    531.02441, Government Code, as added by this Act; and
 17-6                (2)  adopt rules under Section 531.042, Government
 17-7    Code, as amended by this Act.
 17-8          SECTION 7.  Not later than March 1, 2002, the Texas
 17-9    Department of Mental Health and Mental Retardation shall implement
17-10    the community living options information process required by
17-11    Section 531.02442, Government Code, as added by this Act.
17-12          SECTION 8.  Notwithstanding Subsection (a), Section 531.042,
17-13    Government Code, as amended by this Act, not later than March 1,
17-14    2002, each health and human services agency shall provide to each
17-15    patient or client of the agency who is in a care setting on the
17-16    effective date of this Act and to each other person as required by
17-17    Section 531.042, Government Code, as amended by this Act, the
17-18    information required by that section.
17-19          SECTION 9.  Not later than December 1, 2002, the Texas
17-20    Department of Human Services shall, subject to the availability of
17-21    funds, implement the pilot program under Section 22.037, Human
17-22    Resources Code, as added by this Act.
17-23          SECTION 10.  Not later than September 1, 2002, the Texas
17-24    Department of Human Services, the Texas Department of Mental Health
17-25    and Mental Retardation, and the Department of Protective and
17-26    Regulatory Services shall adopt the memorandum of understanding
 18-1    under Section 22.038, Human Resources Code, as added by this Act.
 18-2          SECTION 11.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 367 passed the Senate on
         May 7, 2001, by a viva-voce vote; and that the Senate concurred in
         House amendments on May 24, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 367 passed the House, with
         amendments, on May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor