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A BILL TO BE ENTITLED
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AN ACT
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relating to notification to a patient of a state-operated mental |
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health facility or resident of a residential care facility of the |
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exemption of certain trusts from liability to pay for support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 576, Health and Safety |
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Code, is amended by adding Section 576.010 to read as follows: |
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Sec. 576.010. NOTIFICATION OF TRUST EXEMPTION. (a) At the |
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time a patient is admitted to an inpatient mental health facility |
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for voluntary or involuntary inpatient mental health services, the |
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facility shall provide to the patient, and the parent if the patient |
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is a minor or the guardian of the person of the patient, written |
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notice, in the person's primary language, that a trust that |
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qualifies under Section 552.018 is not liable for the patient's |
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support. In addition, the facility shall ensure that, within 24 |
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hours after the patient is admitted to the facility, the |
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notification is explained to the patient: |
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(1) orally, in simple, nontechnical terms in the |
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patient's primary language, if possible; or |
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(2) through a means reasonably calculated to |
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communicate with a patient who has an impairment of vision or |
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hearing, if applicable. |
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(b) Notice required under Subsection (a) must also be |
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attached to any request for payment for the patient's support. |
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(c) This section applies only to state-operated mental |
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health facilities. |
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SECTION 2. Subchapter D, Chapter 592, Health and Safety |
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Code, is amended by adding Section 592.056 to read as follows: |
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Sec. 592.056. NOTIFICATION OF TRUST EXEMPTION. (a) At the |
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time a resident is admitted to a residential care facility, the |
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facility shall provide to the resident, and the parent if the |
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resident is a minor or the guardian of the person of the resident, |
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written notice, in the person's primary language, that a trust that |
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qualifies under Section 593.081 is not liable for the resident's |
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support. In addition, the facility shall ensure that, within 24 |
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hours after the resident is admitted to the facility, the |
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notification is explained to the resident, and the parent if the |
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resident is a minor or the guardian of the person of the resident: |
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(1) orally, in simple, nontechnical terms in the |
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person's primary language, if possible; or |
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(2) through a means reasonably calculated to |
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communicate with a person who has an impairment of vision or |
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hearing, if applicable. |
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(b) Notice required under Subsection (a) must also be |
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attached to any request for payment for the resident's support. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |