HBA-DMD H.B. 1396 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1396 By: Maxey Public Health 2/24/1999 Introduced BACKGROUND AND PURPOSE The 75th Legislature required the Department of Human Services (DHS) to re-engineer its regulation of nursing facilities and the DHS has included intermediate care facilities for the mentally retarded in that process. H.B. 1396 requires the Department of Health to develop a new model for licensing intermediate care facilities for the mentally retarded that is not based on the nursing home model. The bill requires the department to present a report on the model to the governor, lieutenant governor, and the speaker of the house of representatives no later than January 16, 2001. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Requires the Texas Department of Health (department) to develop a model for licensing intermediate care facilities for the mentally retarded and requires the department to consult facility providers, staff, and families of residents when developing the model. Provides that the model must be distinct from models for nursing home licensure. SECTION 2. Requires the department to present a report on the model, including an explanation of the costs and benefits of the model and changes in law that are needed to implement the model, to the governor, lieutenant governor, and speaker of the house of representatives not later than January 16, 2001. SECTION 3.Sets forth that this Act expires on January 17, 2001. SECTION 4.Emergency clause. Effective date: upon passage.