By Armbrister S.B. No. 1382
77R7851 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to facilities and services available to a person with
1-3 mental retardation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 533.038, Health and Safety Code, is
1-6 amended by amending Subsections (d)-(f) and adding Subsection (g)
1-7 to read as follows:
1-8 (d) The department shall provide to a [A] person with mental
1-9 retardation, or to the [a] person's legally authorized
1-10 representative, seeking residential services [shall receive] a
1-11 clear explanation of programs and services for which the person is
1-12 determined to be eligible, including state schools, community
1-13 ICF-MR programs, waiver services under Section 1915(c) of the
1-14 federal Social Security Act (42 U.S.C. Section 1396n(c)), or other
1-15 services and the number of openings available in each setting. The
1-16 preferred programs and services chosen by the person or the
1-17 person's legally authorized representative shall be documented in
1-18 the person's record. If the preferred programs or services are not
1-19 available, the person or the person's legally authorized
1-20 representative shall be given assistance in gaining access to
1-21 alternative services and the selected waiting list. The department
1-22 shall honor the program and services preferences of the person or
1-23 the person's legally authorized representative to the maximum
1-24 extent openings are available in that program or service.
2-1 (e) The department may not deny to a person eligibility for
2-2 admission to a state school if the person or the person's legally
2-3 authorized representative requests that admission, regardless of
2-4 whether it is appropriate for the person to receive services in a
2-5 less restrictive setting. The department may not deny admission or
2-6 readmission of a person to a state school on the basis of the
2-7 person's score on the inventory for client and agency planning
2-8 assessment instrument if:
2-9 (1) the person or the person's legally authorized
2-10 representative requests that admission or readmission; and
2-11 (2) the state school admitting personnel or the
2-12 appropriate interdisciplinary team believes that the person will
2-13 function at least as well in the state school as the person will
2-14 function in a community group home.
2-15 (f) The department shall ensure that the information
2-16 regarding program and service preferences collected under
2-17 Subsection (d) is documented and maintained in a manner that
2-18 permits the department to access and use the information for
2-19 planning activities conducted under Section 533.032.
2-20 (g) [(f)] The department may spend money appropriated for
2-21 the state school system only in accordance with limitations imposed
2-22 by the General Appropriations Act. However, the department shall
2-23 fully use the beds available in the state school system.
2-24 SECTION 2. This Act takes effect September 1, 2001.