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AN ACT
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relating to the community living options information process and to |
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a pilot program to educate residents and families of residents of |
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nursing homes and intermediate care facilities for the mentally |
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retarded about advance care planning. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02443 to read as follows: |
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Sec. 531.02443. IMPLEMENTATION OF COMMUNITY LIVING OPTIONS |
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INFORMATION PROCESS AT STATE INSTITUTIONS FOR CERTAIN ADULT |
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RESIDENTS. (a) In this section: |
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(1) "Adult resident" means a person with mental |
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retardation who: |
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(A) is at least 22 years of age; and |
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(B) resides in a state school. |
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(2) "Department" means the Department of Aging and |
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Disability Services. |
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(3) "Legally authorized representative" has the |
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meaning assigned by Section 241.151, Health and Safety Code. |
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(4) "Local mental retardation authority" has the |
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meaning assigned by Section 531.002, Health and Safety Code. |
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(5) "State school" has the meaning assigned by Section |
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531.002, Health and Safety Code. |
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(b) This section applies only to the community living |
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options information process for an adult resident. |
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(c) The department shall contract with local mental |
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retardation authorities to implement the community living options |
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information process required by Section 531.02442 for an adult |
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resident. |
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(d) The contract with the local mental retardation |
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authority must: |
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(1) delegate to the local mental retardation authority |
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the department's duties under Section 531.02442 with regard to the |
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implementation of the community living options information process |
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at a state school; |
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(2) include performance measures designed to assist |
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the department in evaluating the effectiveness of a local mental |
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retardation authority in implementing the community living options |
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information process; and |
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(3) ensure that the local mental retardation authority |
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provides service coordination and relocation services to an adult |
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resident who chooses, is eligible for, and is recommended by the |
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interdisciplinary team for a community living option to facilitate |
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a timely, appropriate, and successful transition from the state |
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school to the community living option. |
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(e) The department, with the advice and assistance of the |
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interagency task force on ensuring appropriate care settings for |
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persons with disabilities and representatives of family members or |
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legally authorized representatives of adult residents, persons |
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with mental retardation, state schools, and local mental |
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retardation authorities, shall: |
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(1) develop an effective community living options |
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information process; |
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(2) create uniform procedures for the implementation |
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of the community living options information process; and |
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(3) minimize any potential conflict of interest |
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regarding the community living options information process between |
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a state school and an adult resident, an adult resident's legally |
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authorized representative, or a local mental retardation |
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authority. |
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(f) A state school shall: |
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(1) allow a local mental retardation authority to |
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participate in the interdisciplinary planning process involving |
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the consideration of community living options for an adult |
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resident; |
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(2) to the extent not otherwise prohibited by state or |
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federal confidentiality laws, provide a local mental retardation |
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authority with access to an adult resident and an adult resident's |
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records to assist the authority in implementing the community |
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living options information process; and |
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(3) provide the adult resident or the adult resident's |
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legally authorized representative with accurate information |
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regarding the risks of moving the adult resident to a community |
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living option. |
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SECTION 2. ADVANCE CARE PLANNING PILOT PROGRAM. (a) The |
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Department of Aging and Disability Services shall develop and |
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implement a pilot program to increase the use of advance directives |
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by residents of nursing homes and intermediate care facilities for |
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the mentally retarded in this state by educating the residents and |
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the families of residents about advance care planning. |
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(b) The pilot program shall provide for a process to educate |
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residents and the families of residents regarding: |
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(1) the legal issues associated with advance |
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directives; |
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(2) the health care choices available to a person with |
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a terminal or irreversible condition; |
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(3) the proper completion of advance directives; and |
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(4) the importance of discussing advance directives |
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with family, friends, advisers, and health care providers. |
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SECTION 3. RULES. The executive commissioner of the Health |
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and Human Services Commission shall adopt rules to implement the |
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pilot program established under this Act. |
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SECTION 4. REPORT. Not later than October 1, 2010, the |
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Department of Aging and Disability Services shall submit a report |
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to the governor, the lieutenant governor, the speaker of the house |
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of representatives, and the appropriate standing committees of the |
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legislature, regarding the pilot program that includes: |
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(1) an evaluation of the effectiveness of the pilot |
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program; and |
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(2) a recommendation to continue, expand, or eliminate |
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the pilot program. |
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SECTION 5. EXPIRATION. Sections 2, 3, and 4 of this Act and |
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this section expire September 1, 2011. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 27 passed the Senate on |
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March 14, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 27 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |