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A BILL TO BE ENTITLED
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AN ACT
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relating to the implementation of the community living options |
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information process for residents of certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.024435 to read as follows: |
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Sec. 531.024435. IMPLEMENTATION OF COMMUNITY LIVING |
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OPTIONS INFORMATION PROCESS AT PRIVATE INSTITUTIONS FOR CERTAIN |
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ADULT RESIDENTS. (a) In this section: |
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(1) "Adult resident" means a person with an |
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intellectual disability or a related condition who: |
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(A) is at least 22 years of age; and |
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(B) resides in a privately operated facility. |
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(2) "Department" means the Department of Aging and |
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Disability Services or its successor agency. |
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(3) "Legally authorized representative" has the |
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meaning assigned by Section 241.151, Health and Safety Code. |
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(4) "Local intellectual and developmental disability |
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authority" has the meaning assigned by Section 531.002, Health and |
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Safety Code. |
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(5) "Privately operated facility" means a facility |
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with at least nine beds that is licensed under Chapter 252, Health |
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and Safety Code, and is operated by a private entity. |
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(b) This section applies only to the community living |
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options information process for an adult resident. |
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(c) The department, with the advice and assistance of the |
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interagency task force on ensuring appropriate care settings for |
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persons with disabilities and representatives of family members or |
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legally authorized representatives of adult residents, persons |
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with an intellectual disability, privately operated facilities, |
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and local intellectual and developmental disability authorities, |
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shall: |
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(1) develop an effective community living options |
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information process; |
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(2) create uniform procedures for the implementation |
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of the community living options information process; and |
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(3) minimize any potential conflict of interest |
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regarding the community living options information process between |
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a privately operated facility and an adult resident, an adult |
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resident's legally authorized representative, or a local |
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intellectual and developmental disability authority. |
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(d) The department shall contract with local intellectual |
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and developmental disability authorities to implement the |
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community living options information process required by Section |
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531.02442 for an adult resident. |
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(e) The contract with the local intellectual and |
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developmental disability authority must: |
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(1) delegate to the local intellectual and |
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developmental disability authority the department's duties under |
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Section 531.02442 with regard to the implementation of the |
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community living options information process at a privately |
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operated facility; |
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(2) include performance measures designed to assist |
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the department in evaluating the effectiveness of a local |
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intellectual and developmental disability authority in |
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implementing the community living options information process; and |
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(3) ensure that the local intellectual and |
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developmental disability authority provides service coordination |
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and relocation services to an adult resident who chooses, is |
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eligible for, and is recommended by the interdisciplinary team for |
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a community living option to facilitate a timely, appropriate, and |
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successful transition from the privately operated facility to the |
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community living option. |
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(f) A privately operated facility shall: |
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(1) allow a local intellectual and developmental |
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disability authority to participate in the interdisciplinary |
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planning process involving the consideration of community living |
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options for an adult resident; |
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(2) to the extent not otherwise prohibited by state or |
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federal confidentiality laws, provide a local intellectual and |
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developmental disability authority with access to an adult resident |
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and an adult resident's records to assist the authority in |
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implementing the community living options information process; and |
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(3) provide the adult resident or the adult resident's |
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legally authorized representative with accurate information |
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regarding the risks of moving the adult resident to a community |
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living option. |
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SECTION 2. This Act takes effect September 1, 2017. |