82R20421 AJZ-D
 
  By: Coleman H.B. No. 3197
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a pilot program to implement the culture
  change model of care at certain state supported living centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEFINITION. In this Act, "department" means the
  Department of Aging and Disability Services.
         SECTION 2.  CULTURE CHANGE PILOT PROGRAM. (a)  The executive
  commissioner of the Health and Human Services Commission shall
  create a pilot program to implement the culture change model of care
  at one state supported living center. In implementing the pilot
  program, the department shall, to the extent possible, implement
  processes, policies, and practices designed to:
               (1)  shift decision-making to the individual with the
  disability;
               (2)  implement continuous quality improvement
  processes that use objective data to improve practices and
  services; and
               (3)  improve the workforce.
         (b)  The department shall select the state supported living
  center that is most representative of the state supported living
  center system to participate in the pilot program based on the
  following considerations:
               (1)  the physical characteristics of the campus;
               (2)  the size of the staff;
               (3)  the turnover rate of the staff;
               (4)  the residents' level of need and disability;
               (5)  the number of confirmed abuse allegations;
               (6)  the frequency of the use of restraints;
               (7)  the opportunity for community involvement; and
               (8)  the leadership of the center.
         (c)  The department shall determine the size and scope of the
  pilot program within the selected state supported living center.
         (d)  The department may hire a consultant with a proven
  record of implementing the culture change process in long-term care
  facilities serving persons with mental and physical disabilities to
  assist in the implementation of the pilot program.
         SECTION 3.  ASSISTANCE OF TEXAS LONG TERM CARE INSTITUTE.
  (a)  The department shall enter into a memorandum of understanding
  with the Texas Long Term Care Institute at Texas State University
  for the institute to assist the department by providing training,
  assessment, technical assistance, and assistance in other areas
  that will enable the department to implement the culture change
  model of care at one state supported living center.
         (b)  In addition to entering into the memorandum of
  understanding under Subsection (a), the department shall:
               (1)  include a representative of the institute in
  meetings with parent groups and legally authorized representatives
  of the residents to educate these groups about culture change and
  the purpose of culture change;
               (2)  allow distribution of handouts or brochures
  relating to culture change conferences or other information that
  staff, volunteers, and parents can use to become more educated
  about culture change;
               (3)  encourage or incentivize staff members of state
  supported living centers to attend culture change conferences or
  training;
               (4)  coordinate with the institute to offer a limited
  number of scholarships to staff members of state supported living
  centers to attend in-state culture change conferences or training;
               (5)  include links on the department's Internet website
  to information about culture change and the implementation of
  culture change in long-term care facilities; and
               (6)  include articles about culture change in the
  department's electronic and print publications.
         SECTION 4.  REPORT. (a)  Not later than September 1, 2012,
  the department shall submit a report to the governor and the
  Legislative Budget Board on the pilot program that includes:
               (1)  a detailed description of the culture change
  process at the state supported living center;
               (2)  specific examples of changes in processes,
  policies, and practices that have occurred or will occur at the
  state supported living center as a result of the implementation of
  the culture change model of care;
               (3)  a timeline of the implementation of new policies,
  processes, and practices;
               (4)  feedback from professional and direct care staff
  regarding the culture change process;
               (5)  recommendations for future goals for
  implementation of the culture change model of care at other
  locations in the state supported living center, if appropriate, or
  at other state supported living centers; and
               (6)  the following information from the state supported
  living center chosen for the pilot program:
                     (A)  the number of allegations of abuse, neglect,
  or exploitation, as defined by 40 T.A.C. Section 711.425, that the
  Department of Family and Protective Services determines to be
  unfounded, as defined by 40 T.A.C. Section 711.421;
                     (B)  the number of allegations of abuse, neglect,
  or exploitation, as defined by 40 T.A.C. Section 711.425, that the
  Department of Family and Protective Services determines to be
  confirmed, as defined by 40 T.A.C. Section 711.421;
                     (C)  the rate of staff turnover;
                     (D)  the frequency of the use of restraints,
  identified by type;
                     (E)  the number of individual resident outings and
  group outings;
                     (F)  the results of the employee job satisfaction
  survey;
                     (G)  the consistency of staff assignments to the
  same group of residents; and
                     (H)  any other information relevant to improving
  the quality of care at state supported living centers.
         (b)  The department shall file a quarterly report with the
  Legislative Budget Board for each state supported living center
  that includes:
               (1)  the number of allegations of abuse, neglect, or
  exploitation, as defined by 40 T.A.C. Section 711.425, that the
  Department of Family and Protective Services determines to be
  unfounded, as defined by 40 T.A.C. Section 711.421; and
               (2)  the number of allegations of abuse, neglect, or
  exploitation, as defined by 40 T.A.C. Section 711.425, that the
  Department of Family and Protective Services determines to be
  confirmed, as defined by 40 T.A.C. Section 711.421.
         (c)  The department shall input the information from the
  quarterly report under Subsection (b) into the Legislative Budget
  Board's automated budget and evaluation system.
         SECTION 5.  EXPIRATION. This Act expires September 1, 2013.
         SECTION 6.  EFFECTIVE DATE. 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, 2011.