By: Van de Putte  S.B. No. 584
         (In the Senate - Filed January 29, 2009; February 23, 2009,
  read first time and referred to Committee on Health and Human
  Services; March 17, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  March 17, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 584 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to notification to a patient of a state-operated mental
  health facility or resident of a residential care facility of the
  exemption of certain trusts from liability to pay for support.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 576, Health and Safety
  Code, is amended by adding Section 576.010 to read as follows:
         Sec. 576.010.  NOTIFICATION OF TRUST EXEMPTION. (a)  At the
  time a patient is admitted to an inpatient mental health facility
  for voluntary or involuntary inpatient mental health services, the
  facility shall provide to the patient, and the parent if the patient
  is a minor or the guardian of the person of the patient, written
  notice, in the person's primary language, that a trust that
  qualifies under Section 552.018 is not liable for the patient's
  support. In addition, the facility shall ensure that, within 24
  hours after the patient is admitted to the facility, the
  notification is explained to the patient:
               (1)  orally, in simple, nontechnical terms in the
  patient's primary language, if possible; or
               (2)  through a means reasonably calculated to
  communicate with a patient who has an impairment of vision or
  hearing, if applicable.
         (b)  Notice required under Subsection (a) must also be
  attached to any request for payment for the patient's support.
         (c)  This section applies only to state-operated mental
  health facilities.
         SECTION 2.  Subchapter D, Chapter 592, Health and Safety
  Code, is amended by adding Section 592.056 to read as follows:
         Sec. 592.056.  NOTIFICATION OF TRUST EXEMPTION. (a)  At the
  time a resident is admitted to a residential care facility, the
  facility shall provide to the resident, and the parent if the
  resident is a minor or the guardian of the person of the resident,
  written notice, in the person's primary language, that a trust that
  qualifies under Section 593.081 is not liable for the resident's
  support. In addition, the facility shall ensure that, within 24
  hours after the resident is admitted to the facility, the
  notification is explained to the resident, and the parent if the
  resident is a minor or the guardian of the person of the resident:
               (1)  orally, in simple, nontechnical terms in the
  person's primary language, if possible; or
               (2)  through a means reasonably calculated to
  communicate with a person who has an impairment of vision or
  hearing, if applicable.
         (b)  Notice required under Subsection (a) must also be
  attached to any request for payment for the resident's support.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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