82R12674 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) improve the quality of care; and

(3) improve the workforce.

(b) The executive commissioner of the Health and Human Services Commission 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 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. REPORT. (a) Not later than May 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 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 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 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 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 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 4. EXPIRATION. This Act expires September 1, 2013.

SECTION 5. 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.