HBA-MPM H.B. 2258 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2258 By: Maxey Human Services 3/11/2001 Introduced BACKGROUND AND PURPOSE In 1999, the United States Supreme Court ruled in L.C. and E.W. v Olmstead that, in most cases, states must provide community-based services for disabled persons if treatment professionals determine that community-based services are appropriate and the person does not object to such placement. In response to this ruling, Governor George W. Bush issued an executive order directing the Health and Human Services Commission (HHSC) to conduct a comprehensive review of all services and support available to disabled persons in Texas. HHSC has been working with the Texas Department of Human Services (DHS) and the Texas Department of Mental Health and Mental Retardation (MHMR) to identify individuals within their respective residential programs who may be eligible and who are interested in transitioning into the community. The number of nursing home residents who would need mental health services from MHMR as well as services from DHS related to their medical needs in order to successfully transition into a community based setting is unknown. It is essential that residents with mental illness or mental retardation be identified to facilitate the development of transition plans which incorporate services from both agencies. House Bill 2258 requires DHS to develop a process to identify nursing home residents with a mental illness, mental retardation, or related condition and share that information with MHMR. 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. ANALYSIS House Bill 2258 amends the Health and Safety Code to require the Texas Department of Human Services (DHS) to assess each nursing home resident before the resident makes a transition to a community-based care setting to determine if the resident has a mental illness or mental retardation, regardless of whether the resident is receiving treatment for a mental illness. The bill requires DHS to use assessment processes that are at least as effective as the Preadmission Screening and Resident Review mental illness or mental retardation assessment. The bill requires DHS to compile and provide to the Texas Department of Mental Health and Mental Retardation (MHMR) information regarding each resident identified as having a mental illness or mental retardation before the resident transitions into a community-based care setting. The bill requires MHMR to use the information provided by DHS to determine the need for and funding levels of mental health services for residents who transition into a community-based care setting, provide the services to identified residents after the transition, and refer identified residents to a local mental health or mental retardation authority or private provider for additional mental health services. EFFECTIVE DATE September 1, 2001.