By: Miles, Campbell S.B. No. 505
A BILL TO BE ENTITLED
AN ACT
relating to the prohibited discharge of a patient to certain
unlicensed or unpermitted group-centered facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 256, Health and Safety
Code, is amended to read as follows:
CHAPTER 256. SAFE PATIENT HANDLING, [AND] MOVEMENT, AND DISCHARGE
PRACTICES
SECTION 2. Chapter 256, Health and Safety Code, is amended
by adding Section 256.003 to read as follows:
Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN
FACILITIES. (a) Subject to Subsection (b), a hospital or other
health facility may discharge or otherwise release a patient to the
care of a group home, boarding home facility, or similar
group-centered facility only if the person who operates the
facility holds a license or permit issued in accordance with
applicable state law.
(b) A hospital or other health facility may discharge or
otherwise release a patient to the care of a group home, boarding
home facility, or similar group-centered facility operated by a
person who does not hold a license or permit issued in accordance
with applicable state law only if:
(1) no facility described by this section is operated
in the county by a person who holds the applicable license or
permit; or
(2) the patient voluntarily elects to reside in the
facility of the unlicensed or unpermitted person.
(c) A hospital or other health facility is not liable for
damages to a patient resulting from the patient's discharge or
release to a group home, boarding home facility, or similar
group-centered facility under Subsection (b).
(d) A local health authority may not issue an order
authorizing a hospital or health facility to discharge or release a
patient to a facility in a manner that conflicts with this section.
SECTION 3. This Act takes effect September 1, 2021.