LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 16, 2001 TO: Honorable Patricia Gray, Chair, House Committee on Public Health FROM: John Keel, Director, Legislative Budget Board IN RE: SB876 by Moncrief (Relating to the administration of restraint, seclusion, and emergency psychoactive medication to residents of certain health care facilities.), Committee Report 2nd House, Substituted ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill would require health and human services agencies that regulate the care or treatment of residents in certain health care facilities to adopt rules establishing procedures for the use of restraints, seclusion, emergency psychoactive medication and supportive or protective devices. The bill would require these agencies to collect information on the use of emergency interventions by regulated facilities on a quarterly basis and to submit an analysis to the Legislature, the Governor, and the Health and Human Services Commission on an annual basis. It would also require the Health and Human Services Commissioner and health and human services agencies to execute a memorandum of understanding to ensure consistency of definitions and procedures among agencies and with federal and state laws and rules. The Department of Human Services estimates it would spend $137,478 in General Revenue funds to develop and maintain an automated system for data collection and analysis. It is assumed that the department can absorb this cost within current resources. Other health and human services agencies did not report any significant fiscal impact. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 530 Department of Protective and Regulatory Services, 529 Health and Human Services Commission, 324 Texas Department of Human Services, 655 TX Dept. of Mental Health & Mental Retardation LBB Staff: JK, HD, NM