By: Van de Putte S.B. No. 584
(In the Senate - Filed January 29, 2009; February 23, 2009,
read first time and referred to Committee on Health and Human
Services; March 17, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
March 17, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 584 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to notification to a patient of a state-operated mental
health facility or resident of a residential care facility of the
exemption of certain trusts from liability to pay for support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 576, Health and Safety
Code, is amended by adding Section 576.010 to read as follows:
Sec. 576.010. NOTIFICATION OF TRUST EXEMPTION. (a) At the
time a patient is admitted to an inpatient mental health facility
for voluntary or involuntary inpatient mental health services, the
facility shall provide to the patient, and the parent if the patient
is a minor or the guardian of the person of the patient, written
notice, in the person's primary language, that a trust that
qualifies under Section 552.018 is not liable for the patient's
support. In addition, the facility shall ensure that, within 24
hours after the patient is admitted to the facility, the
notification is explained to the patient:
(1) orally, in simple, nontechnical terms in the
patient's primary language, if possible; or
(2) through a means reasonably calculated to
communicate with a patient who has an impairment of vision or
hearing, if applicable.
(b) Notice required under Subsection (a) must also be
attached to any request for payment for the patient's support.
(c) This section applies only to state-operated mental
health facilities.
SECTION 2. Subchapter D, Chapter 592, Health and Safety
Code, is amended by adding Section 592.056 to read as follows:
Sec. 592.056. NOTIFICATION OF TRUST EXEMPTION. (a) At the
time a resident is admitted to a residential care facility, the
facility shall provide to the resident, and the parent if the
resident is a minor or the guardian of the person of the resident,
written notice, in the person's primary language, that a trust that
qualifies under Section 593.081 is not liable for the resident's
support. In addition, the facility shall ensure that, within 24
hours after the resident is admitted to the facility, the
notification is explained to the resident, and the parent if the
resident is a minor or the guardian of the person of the resident:
(1) orally, in simple, nontechnical terms in the
person's primary language, if possible; or
(2) through a means reasonably calculated to
communicate with a person who has an impairment of vision or
hearing, if applicable.
(b) Notice required under Subsection (a) must also be
attached to any request for payment for the resident's support.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *