| TO: | Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | SB59 by Zaffirini (Relating to the mangement of behavior of residents of certain facilities. ), Committee Report 1st House, Substituted |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2004 | ($273,000) |
| 2005 | $0 |
| 2006 | $0 |
| 2007 | $0 |
| 2008 | $0 |
| Fiscal Year | Probable (Cost) fromGENERAL REVENUE FUND 1 |
|---|---|
| 2004 | ($273,000) |
| 2005 | $0 |
| 2006 | $0 |
| 2007 | $0 |
| 2008 | $0 |
The bill would require each health and human services agency that regulates the care or treatment of a resident at a facility to adopt rules to define acceptable restraint holds that minimize the risk of harm to a facility resident and to govern the use of seclusion of facility residents.
The bill would direct the Commissioner of Health and Human Services to establish an interagency workgroup to develop and recommend best practices in policy, training, safety, and risk management for a health and human services agency to use in managing the behavior of the residents of a facility. The bill would direct that representatives of certain agencies be appointed to the workgroup. As a member of the workgroup, the bill would require the Department of Human Services to develop a comprehensive reporting system that collects and analyzes data on the use a behavioral management
techniques, complies with federal reporting requirements, and documents the death/serious injury of a resident related to restraint use.
The commissioner would file a report with certain legislative committees no later than July 1, 2004 which describes the workgroup's recommended best practices. The commissioner would file a report with certain legislative committees no later than January 1, 2005 which describes the actions taken by health and human services agencies to implement the best practices identified by the workgroup.
Most health and human services agencies identified to participate in the workgroup indicate that related activities could be absorbed within existing resources.
The Health and Human Services Commission (HHSC) estimated that administrative activities provided by the agency related to support of the workgroup study and preparation of the required reports would require 624 work hours during fiscal year 2004 or an increase of 0.3 of a Full-time-equivalent (FTE) and an appropriation of approximately $13,000 in General Revenue and All Funds. HHSC indicates that it could absorb this responsibility within existing resources.
The Department of Human Services (DHS) indicated a fiscal impact of $260,000 cost to General Revenue related to the technology necessary to create the "comprehensive reporting system". The agency indicated that by modifying the CARES infromation system to track incidents of a specific nature related to restraints the agency would meet the requirements of the bill. DHS indicated that federal matching funds would not be avaialble for this modification.
| Source Agencies: | 324 Department of Human Services, 501 Department of Health, 517 Commission on Alcohol and Drug Abuse, 529 Health and Human Services Commission, 530 Department of Protective and Regulatory Services, 655 Department of Mental Health and Mental Retardation
|
| LBB Staff: | JK, EB, PP
|