By: Miles, Campbell  S.B. No. 505
         (In the Senate - Filed January 28, 2021; March 9, 2021, read
  first time and referred to Committee on Health & Human Services;
  May 20, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 1; May 20, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 505 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the prohibited discharge of a patient to certain
  unlicensed or unpermitted group-centered facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 256, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 256. SAFE PATIENT HANDLING, [AND] MOVEMENT, AND DISCHARGE
  PRACTICES
         SECTION 2.  Chapter 256, Health and Safety Code, is amended
  by adding Section 256.003 to read as follows:
         Sec. 256.003.  PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN
  FACILITIES. (a) Subject to Subsection (b), a hospital or other
  health facility may discharge or otherwise release a patient to the
  care of a group home, boarding home facility, or similar
  group-centered facility only if the person who operates the
  facility holds a license or permit issued in accordance with
  applicable state law.
         (b)  A hospital or other health facility may discharge or
  otherwise release a patient to the care of a group home, boarding
  home facility, or similar group-centered facility operated by a
  person who does not hold a license or permit issued in accordance
  with applicable state law only if:
               (1)  no facility described by this section is operated
  in the county by a person who holds the applicable license or
  permit; or
               (2)  the patient voluntarily elects to reside in the
  facility of the unlicensed or unpermitted person.
         (c)  A hospital or other health facility is not liable for
  damages to a patient resulting from the patient's discharge or
  release to a group home, boarding home facility, or similar
  group-centered facility under Subsection (b).
         (d)  A local health authority may not issue an order
  authorizing a hospital or health facility to discharge or release a
  patient to a facility in a manner that conflicts with this section.
         SECTION 3.  This Act takes effect September 1, 2021.
 
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