By: Carona S.B. No. 361
A BILL TO BE ENTITLED
AN ACT
relating to the provision of information relating to the programs
and services available for persons with mental retardation seeking
residential services.
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. RESIDENTIAL PROGRAM AND SERVICE
INFORMATION. (a) The Department of Aging and Disability Services
shall provide to an individual with mental retardation seeking
residential services or to the individual's legally authorized
representative a clear explanation of programs and services for
which the individual is determined to be eligible, including state
schools, community ICF-MRs, waiver services under Section 1915(c)
of the federal Social Security Act (42 U.S.C. Section 1396n),
community mental retardation services, or other services. The
department must offer a state school as an option among the
residential services available to an individual who is eligible for
those services and who meets the department's criteria for state
school admission, regardless of whether other residential services
are available to the individual. The department shall endeavor to
provide as wide a set of options for residential services as
practicable and as are consistent with the individual's service
needs.
(b) The department shall ensure that the determination of
the least restrictive environment is made on an individual basis
and that a state school may be determined to be an appropriate least
restrictive environment for some individuals.
(c) The department shall document in the department's
records regarding the individual the options for programs and
services that were discussed with the individual. The individual
or the individual's legally authorized representative must sign the
documentation required by this subsection.
(d) The department shall inform local mental retardation
authorities of the requirements of this section.
SECTION 2. This Act takes effect September 1, 2005.