Texas 2017 - 85th Regular

Texas Senate Bill SB2025 Compare Versions

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

Old	New	Differences
1	1	85R3391 SMT-D
2	2	By: Zaffirini S.B. No. 2025
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a peer support program for
8	8	residents of state supported living centers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 555, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. PEER SUPPORT PROGRAM
13	13	Sec. 555.201. PEER SUPPORT PROGRAM ESTABLISHED. (a) The
14	14	office shall develop and implement in each state supported living
15	15	center a peer support program under which a state supported living
16	16	center provides peer support services as an institutional benefit
17	17	to residents. The program's peer support services must be designed
18	18	to:
19	19	(1) make residents more aware of the restrictions
20	20	limiting their control over their lives;
21	21	(2) encourage a renewed effort by the state supported
22	22	living center to provide education to residents and families of
23	23	residents regarding a resident's basic rights and the application
24	24	of those rights to a person-centered life;
25	25	(3) increase the accountability of the state supported
26	26	living center's staff; and
27	27	(4) help protect residents' rights.
28	28	(b) In developing and implementing the peer support
29	29	program, the office may collaborate with the Office of Consumer
30	30	Rights and Services of the Department of Aging and Disability
31	31	Services, or its successor agency, and appropriate state protection
32	32	and advocacy agencies.
33	33	Sec. 555.202. PEER SUPPORT SPECIALISTS. (a) A peer support
34	34	program must establish peer support specialists to provide
35	35	supportive services to residents.
36	36	(b) An individual is eligible to serve as a peer support
37	37	specialist only if the individual:
38	38	(1) has been diagnosed with an intellectual or
39	39	developmental disability;
40	40	(2) was a resident of a state supported living center
41	41	before serving as a peer support specialist;
42	42	(3) lives independently in the community during the
43	43	time the individual serves as a peer support specialist; and
44	44	(4) is knowledgeable regarding resident rights.
45	45	(c) A peer support specialist shall assist a resident to
46	46	achieve the resident's goals for independence by helping the
47	47	resident:
48	48	(1) develop a specific action plan;
49	49	(2) access available resources; and
50	50	(3) understand the resident's rights on a state
51	51	supported living center campus.
52	52	Sec. 555.203. PEER SUPPORT SPECIALIST COACHING SERVICES.
53	53	The office shall provide coaching services to peer support
54	54	specialists, including:
55	55	(1) emotional assistance;
56	56	(2) informational assistance;
57	57	(3) assistance developing specific action plans; and
58	58	(4) assistance identifying available resources.
59	59	Sec. 555.204. INITIAL ESTABLISHMENT AND EXPANSION. (a) The
60	60	office shall establish a peer support program in three state
61	61	supported living centers as soon as practicable.
62	62	(b) The office shall establish a peer support program in
63	63	each state supported living center in the state not later than
64	64	September 1, 2021.
65	65	SECTION 2. Section 555.059(a), Health and Safety Code, is
66	66	amended to read as follows:
67	67	(a) The independent ombudsman shall:
68	68	(1) evaluate the process by which a center
69	69	investigates, reviews, and reports an injury to a resident or
70	70	client or an unusual incident;
71	71	(2) evaluate the delivery of services to residents and
72	72	clients to ensure that the rights of residents and clients are fully
73	73	observed, including ensuring that each center conducts sufficient
74	74	unannounced patrols;
75	75	(3) immediately refer a complaint alleging the abuse,
76	76	neglect, or exploitation of a resident or client to the Department
77	77	of Family and Protective Services;
78	78	(4) refer a complaint alleging employee misconduct
79	79	that does not involve abuse, neglect, or exploitation or a possible
80	80	violation of an ICF-IID standard or condition of participation to
81	81	the regulatory services division of the department;
82	82	(5) refer a complaint alleging a criminal offense,
83	83	other than an allegation of abuse, neglect, or exploitation of a
84	84	resident or client, to the inspector general;
85	85	(6) conduct investigations of complaints, other than
86	86	complaints alleging criminal offenses or the abuse, neglect, or
87	87	exploitation of a resident or client, if the office determines
88	88	that:
89	89	(A) a resident or client or the resident's or
90	90	client's family may be in need of assistance from the office; or
91	91	(B) a complaint raises the possibility of a
92	92	systemic issue in the center's provision of services;
93	93	(7) conduct biennial on-site audits at each center of:
94	94	(A) the ratio of direct care employees to
95	95	residents;
96	96	(B) the provision and adequacy of training to:
97	97	(i) center employees; and
98	98	(ii) direct care employees; and
99	99	(C) if the center serves alleged offender
100	100	residents, the provision of specialized training to direct care
101	101	employees;
102	102	(8) conduct an annual audit of each center's policies,
103	103	practices, and procedures to ensure that each resident and client
104	104	is encouraged to exercise the resident's or client's rights,
105	105	including:
106	106	(A) the right to file a complaint; and
107	107	(B) the right to due process;
108	108	(9) prepare and deliver an annual report regarding the
109	109	findings of each audit to the:
110	110	(A) executive commissioner;
111	111	(B) commissioner;
112	112	(C) Aging and Disability Services Council;
113	113	(D) governor;
114	114	(E) lieutenant governor;
115	115	(F) speaker of the house of representatives;
116	116	(G) standing committees of the senate and house
117	117	of representatives with primary jurisdiction over state supported
118	118	living centers; and
119	119	(H) state auditor;
120	120	(10) require a center to provide access to all
121	121	records, data, and other information under the control of the
122	122	center that the independent ombudsman determines is necessary to
123	123	investigate a complaint or to conduct an audit under this section;
124	124	(11) review all final reports produced by the
125	125	Department of Family and Protective Services, the regulatory
126	126	services division of the department, and the inspector general
127	127	regarding a complaint referred by the independent ombudsman;
128	128	(12) provide assistance to a resident, client,
129	129	authorized representative of a resident or client, or family member
130	130	of a resident or client who the independent ombudsman determines is
131	131	in need of assistance, including advocating with an agency,
132	132	provider, or other person in the best interests of the resident or
133	133	client;
134	134	(13) make appropriate referrals under any of the
135	135	duties and powers listed in this subsection; [and]
136	136	(14) monitor and evaluate the department's actions
137	137	relating to any problem identified or recommendation included in a
138	138	report received from the Department of Family and Protective
139	139	Services relating to an investigation of alleged abuse, neglect, or
140	140	exploitation of a resident or client; and
141	141	(15) develop and implement peer support programs under
142	142	Subchapter F.
143	143	SECTION 3. This Act takes effect September 1, 2017.