Texas 2017 - 85th Regular

Texas Senate Bill SB2023 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3393 JG-D
2	2	By: Zaffirini S.B. No. 2023
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the implementation of the community living options
8	8	information process for residents of certain facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Section 531.024435 to read as follows:
12	12	Sec. 531.024435. IMPLEMENTATION OF COMMUNITY LIVING
13	13	OPTIONS INFORMATION PROCESS AT PRIVATE INSTITUTIONS FOR CERTAIN
14	14	ADULT RESIDENTS. (a) In this section:
15	15	(1) "Adult resident" means a person with an
16	16	intellectual disability or a related condition who:
17	17	(A) is at least 22 years of age; and
18	18	(B) resides in a privately operated facility.
19	19	(2) "Department" means the Department of Aging and
20	20	Disability Services or its successor agency.
21	21	(3) "Legally authorized representative" has the
22	22	meaning assigned by Section 241.151, Health and Safety Code.
23	23	(4) "Local intellectual and developmental disability
24	24	authority" has the meaning assigned by Section 531.002, Health and
25	25	Safety Code.
26	26	(5) "Privately operated facility" means a facility
27	27	with at least nine beds that is licensed under Chapter 252, Health
28	28	and Safety Code, and is operated by a private entity.
29	29	(b) This section applies only to the community living
30	30	options information process for an adult resident.
31	31	(c) The department, with the advice and assistance of the
32	32	interagency task force on ensuring appropriate care settings for
33	33	persons with disabilities and representatives of family members or
34	34	legally authorized representatives of adult residents, persons
35	35	with an intellectual disability, privately operated facilities,
36	36	and local intellectual and developmental disability authorities,
37	37	shall:
38	38	(1) develop an effective community living options
39	39	information process;
40	40	(2) create uniform procedures for the implementation
41	41	of the community living options information process; and
42	42	(3) minimize any potential conflict of interest
43	43	regarding the community living options information process between
44	44	a privately operated facility and an adult resident, an adult
45	45	resident's legally authorized representative, or a local
46	46	intellectual and developmental disability authority.
47	47	(d) The department shall contract with local intellectual
48	48	and developmental disability authorities to implement the
49	49	community living options information process required by Section
50	50	531.02442 for an adult resident.
51	51	(e) The contract with the local intellectual and
52	52	developmental disability authority must:
53	53	(1) delegate to the local intellectual and
54	54	developmental disability authority the department's duties under
55	55	Section 531.02442 with regard to the implementation of the
56	56	community living options information process at a privately
57	57	operated facility;
58	58	(2) include performance measures designed to assist
59	59	the department in evaluating the effectiveness of a local
60	60	intellectual and developmental disability authority in
61	61	implementing the community living options information process; and
62	62	(3) ensure that the local intellectual and
63	63	developmental disability authority provides service coordination
64	64	and relocation services to an adult resident who chooses, is
65	65	eligible for, and is recommended by the interdisciplinary team for
66	66	a community living option to facilitate a timely, appropriate, and
67	67	successful transition from the privately operated facility to the
68	68	community living option.
69	69	(f) A privately operated facility shall:
70	70	(1) allow a local intellectual and developmental
71	71	disability authority to participate in the interdisciplinary
72	72	planning process involving the consideration of community living
73	73	options for an adult resident;
74	74	(2) to the extent not otherwise prohibited by state or
75	75	federal confidentiality laws, provide a local intellectual and
76	76	developmental disability authority with access to an adult resident
77	77	and an adult resident's records to assist the authority in
78	78	implementing the community living options information process; and
79	79	(3) provide the adult resident or the adult resident's
80	80	legally authorized representative with accurate information
81	81	regarding the risks of moving the adult resident to a community
82	82	living option.
83	83	SECTION 2. This Act takes effect September 1, 2017.