C.S.H.B. 834 78(R)    BILL ANALYSIS


C.S.H.B. 834
By: Delisi
Public Health
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Local Community Health Centers are responsible to the Texas Department of
Mental Health and Mental Retardation, yet operate as autonomous
facilities. In some cases, however, the local programs may be deemed to be
mismanaged, either intentionally, recklessly or negligently. Currently,
State officials have the ability to assume management of local facilities
in such cases. However, this can only be done after the local centers
exhaust a lengthy appeals process. During this period, however, the danger
to the center and its clients from mismanagement still exists.  This bill
would allow state officials to appoint a management team to oversee a
center prior to judgement on the merits of an appeal, if it determines
that state funds are being misused or a client's health is endangered. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

This  Bill  amends section 534.038(a) and (d) of the  Health and Safety
Code.  In addition the bill allows the Texas Department of Mental Health
and Mental Retardation to move quickly to assume management of a facility
deemed to be mismanaged. The appeals process is still available to local
MHMR officers, but in the interim, the facility may be managed by state
officials. 


EFFECTIVE DATE

Upon passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B. 834, as introduced, included language stating that the appeal stays
the appointment unless the commissioner "determines that immediate
intervention is in the department's best interest." C.S.H.B. 834 removes
this language, clarifying that any intervention may only be taken in the
case that state or federal money was misused or if the life, health or
safety of a person served by the center is endangered.