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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited discharge of a patient to certain |
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unlicensed or unpermitted group-centered facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 256, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 256. SAFE PATIENT HANDLING, [AND] MOVEMENT, AND DISCHARGE |
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PRACTICES |
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SECTION 2. Chapter 256, Health and Safety Code, is amended |
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by adding Section 256.003 to read as follows: |
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Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN |
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FACILITIES. (a) Subject to Subsection (b), a hospital or other |
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health facility may discharge or otherwise release a patient to the |
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care of a group home, boarding home facility, or similar |
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group-centered facility only if the person who operates the |
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facility holds a license or permit issued in accordance with |
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applicable state law. |
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(b) A hospital or other health facility may discharge or |
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otherwise release a patient to the care of a group home, boarding |
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home facility, or similar group-centered facility operated by a |
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person who does not hold a license or permit issued in accordance |
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with applicable state law only if: |
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(1) no facility described by this section is operated |
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in the county by a person who holds the applicable license or |
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permit; or |
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(2) the patient voluntarily elects to reside in the |
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facility of the unlicensed or unpermitted person. |
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(c) A hospital or other health facility is not liable for |
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damages to a patient resulting from the patient's discharge or |
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release to a group home, boarding home facility, or similar |
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group-centered facility under Subsection (b). |
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(d) A local health authority may not issue an order |
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authorizing a hospital or health facility to discharge or release a |
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patient to a facility in a manner that conflicts with this section. |
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SECTION 3. This Act takes effect September 1, 2021. |