85R3393 JG-D
By: Zaffirini S.B. No. 2023
A BILL TO BE ENTITLED
AN ACT
relating to the implementation of the community living options
information process for residents of certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.024435 to read as follows:
Sec. 531.024435. IMPLEMENTATION OF COMMUNITY LIVING
OPTIONS INFORMATION PROCESS AT PRIVATE INSTITUTIONS FOR CERTAIN
ADULT RESIDENTS. (a) In this section:
(1) "Adult resident" means a person with an
intellectual disability or a related condition who:
(A) is at least 22 years of age; and
(B) resides in a privately operated facility.
(2) "Department" means the Department of Aging and
Disability Services or its successor agency.
(3) "Legally authorized representative" has the
meaning assigned by Section 241.151, Health and Safety Code.
(4) "Local intellectual and developmental disability
authority" has the meaning assigned by Section 531.002, Health and
Safety Code.
(5) "Privately operated facility" means a facility
with at least nine beds that is licensed under Chapter 252, Health
and Safety Code, and is operated by a private entity.
(b) This section applies only to the community living
options information process for an adult resident.
(c) The department, with the advice and assistance of the
interagency task force on ensuring appropriate care settings for
persons with disabilities and representatives of family members or
legally authorized representatives of adult residents, persons
with an intellectual disability, privately operated facilities,
and local intellectual and developmental disability authorities,
shall:
(1) develop an effective community living options
information process;
(2) create uniform procedures for the implementation
of the community living options information process; and
(3) minimize any potential conflict of interest
regarding the community living options information process between
a privately operated facility and an adult resident, an adult
resident's legally authorized representative, or a local
intellectual and developmental disability authority.
(d) The department shall contract with local intellectual
and developmental disability authorities to implement the
community living options information process required by Section
531.02442 for an adult resident.
(e) The contract with the local intellectual and
developmental disability authority must:
(1) delegate to the local intellectual and
developmental disability authority the department's duties under
Section 531.02442 with regard to the implementation of the
community living options information process at a privately
operated facility;
(2) include performance measures designed to assist
the department in evaluating the effectiveness of a local
intellectual and developmental disability authority in
implementing the community living options information process; and
(3) ensure that the local intellectual and
developmental disability authority provides service coordination
and relocation services to an adult resident who chooses, is
eligible for, and is recommended by the interdisciplinary team for
a community living option to facilitate a timely, appropriate, and
successful transition from the privately operated facility to the
community living option.
(f) A privately operated facility shall:
(1) allow a local intellectual and developmental
disability authority to participate in the interdisciplinary
planning process involving the consideration of community living
options for an adult resident;
(2) to the extent not otherwise prohibited by state or
federal confidentiality laws, provide a local intellectual and
developmental disability authority with access to an adult resident
and an adult resident's records to assist the authority in
implementing the community living options information process; and
(3) provide the adult resident or the adult resident's
legally authorized representative with accurate information
regarding the risks of moving the adult resident to a community
living option.
SECTION 2. This Act takes effect September 1, 2017.