S.B. No. 584
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 584 passed the Senate on
March 23, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 584 passed the House on
May 25, 2009, by the following vote: Yeas 144, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor