By: Coleman (Senate Sponsor - Deuell) H.B. No. 3197
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Health
and Human Services; May 20, 2011, reported favorably by the
following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to creating a pilot program to implement the culture
change model of care at certain state supported living centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "department" means the
Department of Aging and Disability Services.
SECTION 2. CULTURE CHANGE PILOT PROGRAM. (a) The
executive commissioner of the Health and Human Services Commission
shall create a pilot program to implement the culture change model
of care at one state supported living center. In implementing the
pilot program, the department shall, to the extent possible,
implement processes, policies, and practices designed to:
(1) shift decision-making to the individual with the
disability;
(2) implement continuous quality improvement
processes that use objective data to improve practices and
services; and
(3) improve the workforce.
(b) The department shall select the state supported living
center that is most representative of the state supported living
center system to participate in the pilot program based on the
following considerations:
(1) the physical characteristics of the campus;
(2) the size of the staff;
(3) the turnover rate of the staff;
(4) the residents' level of need and disability;
(5) the number of confirmed abuse allegations;
(6) the frequency of the use of restraints;
(7) the opportunity for community involvement; and
(8) the leadership of the center.
(c) The department shall determine the size and scope of the
pilot program within the selected state supported living center.
(d) The department may hire a consultant with a proven
record of implementing the culture change process in long-term care
facilities serving persons with mental and physical disabilities to
assist in the implementation of the pilot program.
SECTION 3. ASSISTANCE OF TEXAS LONG TERM CARE INSTITUTE.
(a) The department shall enter into a memorandum of understanding
with the Texas Long Term Care Institute at Texas State University
for the institute to assist the department by providing training,
assessment, technical assistance, and assistance in other areas
that will enable the department to implement the culture change
model of care at one state supported living center.
(b) In addition to entering into the memorandum of
understanding under Subsection (a), the department shall:
(1) include a representative of the institute in
meetings with parent groups and legally authorized representatives
of the residents to educate these groups about culture change and
the purpose of culture change;
(2) allow distribution of handouts or brochures
relating to culture change conferences or other information that
staff, volunteers, and parents can use to become more educated
about culture change;
(3) encourage or incentivize staff members of state
supported living centers to attend culture change conferences or
training;
(4) coordinate with the institute to offer a limited
number of scholarships to staff members of state supported living
centers to attend in-state culture change conferences or training;
(5) include links on the department's Internet website
to information about culture change and the implementation of
culture change in long-term care facilities; and
(6) include articles about culture change in the
department's electronic and print publications.
SECTION 4. REPORT. (a) Not later than September 1, 2012,
the department shall submit a report to the governor and the
Legislative Budget Board on the pilot program that includes:
(1) a detailed description of the culture change
process at the state supported living center;
(2) specific examples of changes in processes,
policies, and practices that have occurred or will occur at the
state supported living center as a result of the implementation of
the culture change model of care;
(3) a timeline of the implementation of new policies,
processes, and practices;
(4) feedback from professional and direct care staff
regarding the culture change process;
(5) recommendations for future goals for
implementation of the culture change model of care at other
locations in the state supported living center, if appropriate, or
at other state supported living centers; and
(6) the following information from the state supported
living center chosen for the pilot program:
(A) the number of allegations of abuse, neglect,
or exploitation, as defined by 40 T.A.C. Section 711.425, that the
Department of Family and Protective Services determines to be
unfounded, as defined by 40 T.A.C. Section 711.421;
(B) the number of allegations of abuse, neglect,
or exploitation, as defined by 40 T.A.C. Section 711.425, that the
Department of Family and Protective Services determines to be
confirmed, as defined by 40 T.A.C. Section 711.421;
(C) the rate of staff turnover;
(D) the frequency of the use of restraints,
identified by type;
(E) the number of individual resident outings and
group outings;
(F) the results of the employee job satisfaction
survey;
(G) the consistency of staff assignments to the
same group of residents; and
(H) any other information relevant to improving
the quality of care at state supported living centers.
(b) The department shall file a quarterly report with the
Legislative Budget Board for each state supported living center
that includes:
(1) the number of allegations of abuse, neglect, or
exploitation, as defined by 40 T.A.C. Section 711.425, that the
Department of Family and Protective Services determines to be
unfounded, as defined by 40 T.A.C. Section 711.421; and
(2) the number of allegations of abuse, neglect, or
exploitation, as defined by 40 T.A.C. Section 711.425, that the
Department of Family and Protective Services determines to be
confirmed, as defined by 40 T.A.C. Section 711.421.
(c) The department shall input the information from the
quarterly report under Subsection (b) into the Legislative Budget
Board's automated budget and evaluation system.
SECTION 5. EXPIRATION. This Act expires September 1, 2013.
SECTION 6. EFFECTIVE DATE. 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, 2011.
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