By:  Carona                                                       S.B. No. 361
	(In the Senate - Filed February 4, 2005; February 15, 2005, 
read first time and referred to Committee on Health and Human 
Services; April 14, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
April 14, 2005, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 361                                    By:  Carona

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.
* * * * *