By: Miles S.B. No. 186
(In the Senate - Filed November 14, 2022; February 15, 2023,
read first time and referred to Committee on Health & Human Services;
April 17, 2023, reported favorably by the following vote: Yeas 9,
Nays 0; April 17, 2023, sent to printer.)
Click here to see the committee vote
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
GROUP-CENTERED 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 group-centered 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 group-centered facility is operated in the
county in which the patient is discharged by a person who holds the
applicable license or permit; or
(2) the patient voluntarily elects to reside in the
group-centered 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 group-centered facility in a manner that conflicts
with this section.
SECTION 3. Section 256.003(c), Health and Safety Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.
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