Texas 2011 - 82nd Regular

Texas House Bill HB3197 Compare Versions

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1	1	By: Coleman (Senate Sponsor - Deuell) H.B. No. 3197
2	2	(In the Senate - Received from the House May 6, 2011;
3	3	May 9, 2011, read first time and referred to Committee on Health
4	4	and Human Services; May 20, 2011, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to creating a pilot program to implement the culture
11	11	change model of care at certain state supported living centers.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. DEFINITION. In this Act, "department" means the
14	14	Department of Aging and Disability Services.
15	15	SECTION 2. CULTURE CHANGE PILOT PROGRAM. (a) The
16	16	executive commissioner of the Health and Human Services Commission
17	17	shall create a pilot program to implement the culture change model
18	18	of care at one state supported living center. In implementing the
19	19	pilot program, the department shall, to the extent possible,
20	20	implement processes, policies, and practices designed to:
21	21	(1) shift decision-making to the individual with the
22	22	disability;
23	23	(2) implement continuous quality improvement
24	24	processes that use objective data to improve practices and
25	25	services; and
26	26	(3) improve the workforce.
27	27	(b) The department shall select the state supported living
28	28	center that is most representative of the state supported living
29	29	center system to participate in the pilot program based on the
30	30	following considerations:
31	31	(1) the physical characteristics of the campus;
32	32	(2) the size of the staff;
33	33	(3) the turnover rate of the staff;
34	34	(4) the residents' level of need and disability;
35	35	(5) the number of confirmed abuse allegations;
36	36	(6) the frequency of the use of restraints;
37	37	(7) the opportunity for community involvement; and
38	38	(8) the leadership of the center.
39	39	(c) The department shall determine the size and scope of the
40	40	pilot program within the selected state supported living center.
41	41	(d) The department may hire a consultant with a proven
42	42	record of implementing the culture change process in long-term care
43	43	facilities serving persons with mental and physical disabilities to
44	44	assist in the implementation of the pilot program.
45	45	SECTION 3. ASSISTANCE OF TEXAS LONG TERM CARE INSTITUTE.
46	46	(a) The department shall enter into a memorandum of understanding
47	47	with the Texas Long Term Care Institute at Texas State University
48	48	for the institute to assist the department by providing training,
49	49	assessment, technical assistance, and assistance in other areas
50	50	that will enable the department to implement the culture change
51	51	model of care at one state supported living center.
52	52	(b) In addition to entering into the memorandum of
53	53	understanding under Subsection (a), the department shall:
54	54	(1) include a representative of the institute in
55	55	meetings with parent groups and legally authorized representatives
56	56	of the residents to educate these groups about culture change and
57	57	the purpose of culture change;
58	58	(2) allow distribution of handouts or brochures
59	59	relating to culture change conferences or other information that
60	60	staff, volunteers, and parents can use to become more educated
61	61	about culture change;
62	62	(3) encourage or incentivize staff members of state
63	63	supported living centers to attend culture change conferences or
64	64	training;
65	65	(4) coordinate with the institute to offer a limited
66	66	number of scholarships to staff members of state supported living
67	67	centers to attend in-state culture change conferences or training;
68	68	(5) include links on the department's Internet website
69	69	to information about culture change and the implementation of
70	70	culture change in long-term care facilities; and
71	71	(6) include articles about culture change in the
72	72	department's electronic and print publications.
73	73	SECTION 4. REPORT. (a) Not later than September 1, 2012,
74	74	the department shall submit a report to the governor and the
75	75	Legislative Budget Board on the pilot program that includes:
76	76	(1) a detailed description of the culture change
77	77	process at the state supported living center;
78	78	(2) specific examples of changes in processes,
79	79	policies, and practices that have occurred or will occur at the
80	80	state supported living center as a result of the implementation of
81	81	the culture change model of care;
82	82	(3) a timeline of the implementation of new policies,
83	83	processes, and practices;
84	84	(4) feedback from professional and direct care staff
85	85	regarding the culture change process;
86	86	(5) recommendations for future goals for
87	87	implementation of the culture change model of care at other
88	88	locations in the state supported living center, if appropriate, or
89	89	at other state supported living centers; and
90	90	(6) the following information from the state supported
91	91	living center chosen for the pilot program:
92	92	(A) the number of allegations of abuse, neglect,
93	93	or exploitation, as defined by 40 T.A.C. Section 711.425, that the
94	94	Department of Family and Protective Services determines to be
95	95	unfounded, as defined by 40 T.A.C. Section 711.421;
96	96	(B) the number of allegations of abuse, neglect,
97	97	or exploitation, as defined by 40 T.A.C. Section 711.425, that the
98	98	Department of Family and Protective Services determines to be
99	99	confirmed, as defined by 40 T.A.C. Section 711.421;
100	100	(C) the rate of staff turnover;
101	101	(D) the frequency of the use of restraints,
102	102	identified by type;
103	103	(E) the number of individual resident outings and
104	104	group outings;
105	105	(F) the results of the employee job satisfaction
106	106	survey;
107	107	(G) the consistency of staff assignments to the
108	108	same group of residents; and
109	109	(H) any other information relevant to improving
110	110	the quality of care at state supported living centers.
111	111	(b) The department shall file a quarterly report with the
112	112	Legislative Budget Board for each state supported living center
113	113	that includes:
114	114	(1) the number of allegations of abuse, neglect, or
115	115	exploitation, as defined by 40 T.A.C. Section 711.425, that the
116	116	Department of Family and Protective Services determines to be
117	117	unfounded, as defined by 40 T.A.C. Section 711.421; and
118	118	(2) the number of allegations of abuse, neglect, or
119	119	exploitation, as defined by 40 T.A.C. Section 711.425, that the
120	120	Department of Family and Protective Services determines to be
121	121	confirmed, as defined by 40 T.A.C. Section 711.421.
122	122	(c) The department shall input the information from the
123	123	quarterly report under Subsection (b) into the Legislative Budget
124	124	Board's automated budget and evaluation system.
125	125	SECTION 5. EXPIRATION. This Act expires September 1, 2013.
126	126	SECTION 6. EFFECTIVE DATE. This Act takes effect
127	127	immediately if it receives a vote of two-thirds of all the members
128	128	elected to each house, as provided by Section 39, Article III, Texas
129	129	Constitution. If this Act does not receive the vote necessary for
130	130	immediate effect, this Act takes effect September 1, 2011.
131	131	* * * * *