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AN ACT
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relating to creating a pilot program to implement the culture |
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change model of care at certain state supported living centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITION. In this Act, "department" means the |
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Department of Aging and Disability Services. |
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SECTION 2. CULTURE CHANGE PILOT PROGRAM. (a) The executive |
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commissioner of the Health and Human Services Commission shall |
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create a pilot program to implement the culture change model of care |
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at one state supported living center. In implementing the pilot |
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program, the department shall, to the extent possible, implement |
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processes, policies, and practices designed to: |
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(1) shift decision-making to the individual with the |
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disability; |
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(2) implement continuous quality improvement |
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processes that use objective data to improve practices and |
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services; and |
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(3) improve the workforce. |
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(b) The department shall select the state supported living |
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center that is most representative of the state supported living |
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center system to participate in the pilot program based on the |
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following considerations: |
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(1) the physical characteristics of the campus; |
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(2) the size of the staff; |
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(3) the turnover rate of the staff; |
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(4) the residents' level of need and disability; |
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(5) the number of confirmed abuse allegations; |
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(6) the frequency of the use of restraints; |
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(7) the opportunity for community involvement; and |
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(8) the leadership of the center. |
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(c) The department shall determine the size and scope of the |
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pilot program within the selected state supported living center. |
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(d) The department may hire a consultant with a proven |
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record of implementing the culture change process in long-term care |
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facilities serving persons with mental and physical disabilities to |
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assist in the implementation of the pilot program. |
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SECTION 3. ASSISTANCE OF TEXAS LONG TERM CARE INSTITUTE. |
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(a) The department shall enter into a memorandum of understanding |
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with the Texas Long Term Care Institute at Texas State University |
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for the institute to assist the department by providing training, |
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assessment, technical assistance, and assistance in other areas |
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that will enable the department to implement the culture change |
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model of care at one state supported living center. |
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(b) In addition to entering into the memorandum of |
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understanding under Subsection (a), the department shall: |
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(1) include a representative of the institute in |
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meetings with parent groups and legally authorized representatives |
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of the residents to educate these groups about culture change and |
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the purpose of culture change; |
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(2) allow distribution of handouts or brochures |
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relating to culture change conferences or other information that |
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staff, volunteers, and parents can use to become more educated |
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about culture change; |
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(3) encourage or incentivize staff members of state |
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supported living centers to attend culture change conferences or |
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training; |
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(4) coordinate with the institute to offer a limited |
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number of scholarships to staff members of state supported living |
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centers to attend in-state culture change conferences or training; |
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(5) include links on the department's Internet website |
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to information about culture change and the implementation of |
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culture change in long-term care facilities; and |
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(6) include articles about culture change in the |
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department's electronic and print publications. |
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SECTION 4. REPORT. (a) Not later than September 1, 2012, |
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the department shall submit a report to the governor and the |
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Legislative Budget Board on the pilot program that includes: |
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(1) a detailed description of the culture change |
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process at the state supported living center; |
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(2) specific examples of changes in processes, |
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policies, and practices that have occurred or will occur at the |
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state supported living center as a result of the implementation of |
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the culture change model of care; |
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(3) a timeline of the implementation of new policies, |
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processes, and practices; |
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(4) feedback from professional and direct care staff |
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regarding the culture change process; |
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(5) recommendations for future goals for |
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implementation of the culture change model of care at other |
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locations in the state supported living center, if appropriate, or |
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at other state supported living centers; and |
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(6) the following information from the state supported |
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living center chosen for the pilot program: |
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(A) the number of allegations of abuse, neglect, |
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or exploitation, as defined by 40 T.A.C. Section 711.425, that the |
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Department of Family and Protective Services determines to be |
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unfounded, as defined by 40 T.A.C. Section 711.421; |
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(B) the number of allegations of abuse, neglect, |
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or exploitation, as defined by 40 T.A.C. Section 711.425, that the |
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Department of Family and Protective Services determines to be |
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confirmed, as defined by 40 T.A.C. Section 711.421; |
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(C) the rate of staff turnover; |
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(D) the frequency of the use of restraints, |
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identified by type; |
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(E) the number of individual resident outings and |
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group outings; |
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(F) the results of the employee job satisfaction |
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survey; |
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(G) the consistency of staff assignments to the |
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same group of residents; and |
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(H) any other information relevant to improving |
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the quality of care at state supported living centers. |
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(b) The department shall file a quarterly report with the |
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Legislative Budget Board for each state supported living center |
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that includes: |
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(1) the number of allegations of abuse, neglect, or |
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exploitation, as defined by 40 T.A.C. Section 711.425, that the |
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Department of Family and Protective Services determines to be |
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unfounded, as defined by 40 T.A.C. Section 711.421; and |
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(2) the number of allegations of abuse, neglect, or |
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exploitation, as defined by 40 T.A.C. Section 711.425, that the |
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Department of Family and Protective Services determines to be |
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confirmed, as defined by 40 T.A.C. Section 711.421. |
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(c) The department shall input the information from the |
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quarterly report under Subsection (b) into the Legislative Budget |
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Board's automated budget and evaluation system. |
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SECTION 5. EXPIRATION. This Act expires September 1, 2013. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3197 was passed by the House on May 5, |
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2011, by the following vote: Yeas 131, Nays 15, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3197 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |