C.S.S.B. 1764 78(R)    BILL ANALYSIS


C.S.S.B. 1764
By: Deuell
Public Health
Committee Report (Substituted)

     

BACKGROUND AND PURPOSE 

Many of the cemeteries run by the Texas Department of Mental Health and
Mental Retardation were begun more than 100 years ago, and were maintained
during a different cultural and regulatory era.  As a result, client
records, including burial records, did not contain much of the information
needed to properly identify former clients in cemeteries.  In keeping with
standard practices used across the country by many states in the operation
of facility cemeteries, most graves in TDMHMR cemeteries were
traditionally marked with numbers rather than names.  The end result of
this practice was an unintended reinforcement of the stigma surrounding
mental illness and mental retardation.  In an effort to underscore Texas',
and TDMHMR's, commitment to respect the dignity of the people it serves,
and especially those who are buried in the State's cemeteries, this
legislation would give TDMHMR clear authority to place client names on
grave markers in instances where clients die at state mental retardation
or mental health facilities, and are buried at cemeteries operated at
TDMHMR, unless the individual or the individual's guardian has directed
otherwise in writing and that document has been provided to the TDMHMR. 

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

Section 576.0055 is added to Subchapter A, Chapter 576, Health and Safety
Code to allow  the administrator of a mental health facility to release
the name, date of birth or date of death of a person who dies while a
patient at the facility.  The information shall be released, upon proper
request, only to a representative of a funeral establishment or cemetery
organization for purposes of inscribing the name or date on a grave
marker. Information may not be released if the patient or patient's
guardian provides written instructions to the contrary to the facility
administrator. 

Section 595.0055 is added to Chapter 595, Health and Safety Code to allow
the superintendent of residential care facility to release the name, date
of birth or date of death of a person who dies while a patient at a the
facility.  The information shall be released, upon proper request, only to
a representative of a funeral establishment or cemetery organization for
purposes of inscribing the name or date on a grave marker. Information may
not be released if the patient or patient's guardian provides written
instructions to the contrary to the facility administrator. 

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

C.S.S.B. 1764 modifies the original by adding new Sections 576.0055 and
595.0055 to the Health and Safety Code  rather than incorporating the
needed language into existing sections of the Code. 
The substitute changes the permissiveness of "may" to "shall" for mental
health facilities and residential care facilities in order to conform with
HIPPA requirements. The substitute also deletes SECTION 2, CONFIDENTIALITY
OF RECORDS from the introduced version.