By: Olivo, Kolkhorst, McReynolds, Dukes, H.B. No. 2479
Howard, et al.
Substitute the following for H.B. No. 2479:
By: Coleman C.S.H.B. No. 2479
A BILL TO BE ENTITLED
AN ACT
relating to criteria for voluntary admission to state schools for
persons with mental retardation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 593, Health and Safety
Code, is amended by adding Section 593.0225 to read as follows:
Sec. 593.0225. CRITERIA FOR VOLUNTARY ADMISSION; WAITING
LIST. (a) The board by rule shall provide that a state school shall
admit any person with mental retardation for whom an application
for voluntary admission is filed, if:
(1) the state school has sufficient bed space for the
person to be admitted for care;
(2) the person is eligible to receive Medicaid
benefits; and
(3) the state school would provide the least
restrictive environment appropriate to the person's care.
(b) Each state school shall maintain a waiting list of
persons who desire voluntary admission to a state school and who
were denied admission because of lack of bed space.
(c) The department shall ensure that persons seeking state
services for a person with mental retardation are informed of the
criteria established in rules adopted under Subsection (a), of the
waiting list required by Subsection (b), and of the addresses and
telephone numbers of each state school.
(d) The board may adopt rules to facilitate the application
process for voluntary admission to a state school, the maintenance
of the waiting list required by Subsection (b), and the provision of
information as required by Subsection (c).
SECTION 2. The Texas Department of Mental Health and Mental
Retardation shall ensure that persons on a waiting list maintained
by a mental retardation authority for admission to a state school
are informed of:
(1) criteria established in rules adopted under
Section 593.0225, Health and Safety Code, as added by this Act;
(2) the waiting lists required by that section; and
(3) the address and telephone number of each state
school.
SECTION 3. This Act takes effect September 1, 2003, and
applies to an application for voluntary admission filed on or after
that date. An application for voluntary admission filed before
that date is governed by the law in effect on the date the
application was filed, and that law is continued in effect for that
purpose.