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A BILL TO BE ENTITLED
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AN ACT
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relating to an annual report regarding the death of certain |
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individuals with developmental disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.078 to read as follows: |
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Sec. 161.078. ANNUAL REPORT REGARDING THE DEATH OF CERTAIN |
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INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. (a) The department |
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shall report annually regarding the deaths of individuals receiving |
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services from a state school or a person licensed or certified by |
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the department to provide services to persons with developmental |
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disabilities. The report may not include identifying information |
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relating to an individual, a state school, or a person licensed or |
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certified by the department. The report must include statistical |
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information developed by the department on the official causes of |
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death of persons with developmental disabilities using data from |
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reports provided under Subsection (b) and Section 252.134, Health |
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and Safety Code. The statistical information must specifically |
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identify the causes of deaths of individuals with developmental |
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disabilities and be easily understandable. Statistical information |
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developed under this subsection is not confidential. The department |
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shall publish the report on the department's Internet website. |
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(b) The executive commissioner shall adopt rules requiring |
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the submittal of a report regarding the death of a person with a |
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developmental disability receiving services from: |
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(1) a person, other than a person licensed under |
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Chapter 252, Health and Safety Code, licensed or certified by the |
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department to provide services to persons with developmental |
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disabilities; or |
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(2) a state school. |
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(c) The department shall correlate reports submitted under |
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Subsection (b) with death certificate information to develop data |
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relating to the: |
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(1) name and age of the deceased; |
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(2) official cause of death listed on the death |
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certificate; |
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(3) date, time, and place of death; and |
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(4) name and address of the person from whom the |
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individual received services. |
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(d) Except as provided by Subsection (a), a report received |
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under Subsection (b) and data developed under Subsection (c) are |
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confidential and not subject to the provisions of Chapter 552, |
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Government Code. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2009. |