C.S.H.B. 2479 78(R)    BILL ANALYSIS


C.S.H.B. 2479
By: Olivo
Public Health
Committee Report (Substituted)


BACKGROUND AND PURPOSE 
Under current law, criteria exists regarding the admission of a person to
voluntary mental retardation services.  The current language addressing
such admission is ambiguous and leaves room for misinterpretation of
intention. According to the Parents Association for the Retarded of Texas
(PART), residents who are not equipped to function in a community setting
have been released from state schools without a legally authorized
representative, and are often placed in unsafe environments.  The degree
to which a person suffers from mental retardation stands as the
determining factor on how independent they will become.  CSHB 2479 does
not intend to remove the element of choice from care for the mentally
retarded; it merely clarifies existing language to ensure that all
qualified clients are able to select state schools as a method of care
without undue pressure.   

RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Board of Mental Health and Mental Retardation in
SECTION 1 (Sec. 593.0225, Health and Safety Code) of this bill.  

ANALYSIS
CSHB 2479 establishes that the Texas Board of Mental Health and Mental
Retardation is required to admit an applicant regardless of any other
factor if: 
  the state school has sufficient bed space to accommodate the applicant;
  the applicant is eligible for Medicaid; and 
  the state school would provide the least restrictive environment
appropriate to the person's care. 

Each state school is required to maintain a waiting list of applicants who
desire voluntary admission to a state school yet are denied due to lack of
space.  CSHB 2479 requires the Texas Department of Mental Health and
Mental Retardation to provide full disclosure regarding the criteria for
admission to state schools, existing waiting lists for admission to state
schools, and addresses and telephone numbers of each state school.   

This Act applies only to an application filed on or after the effective
date of this Act.   

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 2479 modifies the original version by removing the phrase "regardless
of the recommendation of the interdisciplinary team" from Section 593.0225
(a).