| 2 | + | (In the Senate - Filed January 28, 2021; March 9, 2021, read |
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| 3 | + | first time and referred to Committee on Health & Human Services; |
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| 4 | + | May 20, 2021, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 7, Nays 1; May 20, 2021, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 505 By: Perry |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to the prohibited discharge of a patient to certain |
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| 7 | 14 | | unlicensed or unpermitted group-centered facilities. |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. The heading to Chapter 256, Health and Safety |
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| 10 | 17 | | Code, is amended to read as follows: |
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| 11 | 18 | | CHAPTER 256. SAFE PATIENT HANDLING, [AND] MOVEMENT, AND DISCHARGE |
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| 12 | 19 | | PRACTICES |
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| 13 | 20 | | SECTION 2. Chapter 256, Health and Safety Code, is amended |
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| 14 | 21 | | by adding Section 256.003 to read as follows: |
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| 15 | 22 | | Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN |
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| 16 | 23 | | FACILITIES. (a) Subject to Subsection (b), a hospital or other |
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| 17 | 24 | | health facility may discharge or otherwise release a patient to the |
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| 18 | 25 | | care of a group home, boarding home facility, or similar |
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| 19 | 26 | | group-centered facility only if the person who operates the |
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| 20 | 27 | | facility holds a license or permit issued in accordance with |
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| 21 | 28 | | applicable state law. |
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| 22 | 29 | | (b) A hospital or other health facility may discharge or |
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| 23 | 30 | | otherwise release a patient to the care of a group home, boarding |
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| 24 | 31 | | home facility, or similar group-centered facility operated by a |
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| 25 | 32 | | person who does not hold a license or permit issued in accordance |
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| 26 | 33 | | with applicable state law only if: |
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| 27 | 34 | | (1) no facility described by this section is operated |
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| 28 | 35 | | in the county by a person who holds the applicable license or |
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| 29 | 36 | | permit; or |
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| 30 | 37 | | (2) the patient voluntarily elects to reside in the |
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| 31 | 38 | | facility of the unlicensed or unpermitted person. |
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| 32 | 39 | | (c) A hospital or other health facility is not liable for |
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| 33 | 40 | | damages to a patient resulting from the patient's discharge or |
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| 34 | 41 | | release to a group home, boarding home facility, or similar |
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| 35 | 42 | | group-centered facility under Subsection (b). |
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| 36 | 43 | | (d) A local health authority may not issue an order |
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| 37 | 44 | | authorizing a hospital or health facility to discharge or release a |
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| 38 | 45 | | patient to a facility in a manner that conflicts with this section. |
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| 39 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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