HBA-DMH C.S.H.B. 2258 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2258
By: Maxey
Human Services
3/16/2001
Committee Report (Substituted)

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 and mental retardation services from MHMR as well
as services from DHS related to their medical needs 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.  C.S.H.B. 2258 requires DHS to develop a process to
identify nursing home residents with a mental illness, or mental
retardation 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

C.S.H.B. 2258 amends the Health and Safety Code to require the Texas
Department of Human Services (DHS) to identify each nursing home resident
who has a mental illness or mental retardation before the resident makes a
transition to a community-based care setting, regardless of whether the
resident is receiving treatment or services for a mental illness or mental
retardation.  The bill requires DHS to use identification processes that
are at least as effective as the Preadmission Screening and Resident Review
mental illness or mental retardation identification process.  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 and mental retardation services for
residents who transition into a community-based care setting, provide the
services to an identified resident after the transition, and refer an
identified resident to a local mental health or mental retardation
authority or private provider for additional mental health or mental
retardation services. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2258 modifies the original by including mental retardation
services in the services that MHMR is required to provide to identified
residents after the resident makes a transition to community-based care.