| 1 | 1 | | 81R9645 UM-D |
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| 2 | 2 | | By: King of Taylor H.B. No. 3716 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an annual report regarding the death of certain |
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| 8 | 8 | | individuals with developmental disabilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 161.078 to read as follows: |
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| 12 | 12 | | Sec. 161.078. ANNUAL REPORT REGARDING THE DEATH OF CERTAIN |
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| 13 | 13 | | INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. (a) The department |
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| 14 | 14 | | shall report annually regarding the deaths of individuals receiving |
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| 15 | 15 | | services from a state school or a person licensed or certified by |
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| 16 | 16 | | the department to provide services to persons with developmental |
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| 17 | 17 | | disabilities. The report may not include identifying information |
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| 18 | 18 | | relating to an individual, a state school, or a person licensed or |
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| 19 | 19 | | certified by the department. The report must include statistical |
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| 20 | 20 | | information developed by the department on the official causes of |
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| 21 | 21 | | death of persons with developmental disabilities using data from |
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| 22 | 22 | | reports provided under Subsection (b) and Section 252.134, Health |
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| 23 | 23 | | and Safety Code. The statistical information must specifically |
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| 24 | 24 | | identify the causes of deaths of individuals with developmental |
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| 25 | 25 | | disabilities and be easily understandable. Statistical information |
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| 26 | 26 | | developed under this subsection is not confidential. The department |
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| 27 | 27 | | shall publish the report on the department's Internet website. |
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| 28 | 28 | | (b) The executive commissioner shall adopt rules requiring |
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| 29 | 29 | | the submittal of a report regarding the death of a person with a |
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| 30 | 30 | | developmental disability receiving services from: |
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| 31 | 31 | | (1) a person, other than a person licensed under |
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| 32 | 32 | | Chapter 252, Health and Safety Code, licensed or certified by the |
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| 33 | 33 | | department to provide services to persons with developmental |
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| 34 | 34 | | disabilities; or |
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| 35 | 35 | | (2) a state school. |
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| 36 | 36 | | (c) The department shall correlate reports submitted under |
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| 37 | 37 | | Subsection (b) with death certificate information to develop data |
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| 38 | 38 | | relating to the: |
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| 39 | 39 | | (1) name and age of the deceased; |
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| 40 | 40 | | (2) official cause of death listed on the death |
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| 41 | 41 | | certificate; |
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| 42 | 42 | | (3) date, time, and place of death; and |
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| 43 | 43 | | (4) name and address of the person from whom the |
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| 44 | 44 | | individual received services. |
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| 45 | 45 | | (d) Except as provided by Subsection (a), a report received |
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| 46 | 46 | | under Subsection (b) and data developed under Subsection (c) are |
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| 47 | 47 | | confidential and not subject to the provisions of Chapter 552, |
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| 48 | 48 | | Government Code. |
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| 49 | 49 | | SECTION 2. If before implementing any provision of this Act |
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| 50 | 50 | | a state agency determines that a waiver or authorization from a |
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| 51 | 51 | | federal agency is necessary for implementation of that provision, |
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| 52 | 52 | | the agency affected by the provision shall request the waiver or |
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| 53 | 53 | | authorization and may delay implementing that provision until the |
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| 54 | 54 | | waiver or authorization is granted. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2009. |
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