Highlights 77th Texas Legislature - Senate

___ HEALTH AND HUMAN
ERVICES/Regulatory
UMAN SERVICES
77 th Texas Legislature
Mental Illness or Retardation in Persons Transitioning to Community-Based Services
- H.B. 2258
by Representative Maxey
Senate Sponsor: Senator Moncrief
In 1999, the United States Supreme Court ruled in L.C. and E.W. v Olmstead that, in most cases, states
must provide community-based services for a disabled person if treatment professionals determine that
community-based services are appropriate and the person does not object to such placement. The number
of nursing home residents who would need mental health and mental retardation services from the Texas
Department Mental Health and Mental Retardation (MHMR) as well as services from the Department of
Human Services (DHS) related to their medical needs to successfully transition into a community based
setting is unknown. It is essential that residents with mental illness or mental retardation be identified to
facilitate the development of transition plans that incorporate services from both agencies.
Requires DHS to identify each nursing home resident who is considering making a transition to a
community-based care setting to determine whether that resident is mentally ill or mentally retarded.
Prohibits the results of the identification process from being used to prevent a resident from remaining in
the nursing home unless the nursing home is unable to provide adequate care for the resident.
Requires DHS to compile and provide to MHMR information regarding each resident identified as having a
mental illness or mental retardation before the resident makes a transition from the nursing home to a
community-based care setting.
Requires MHMR to determine the need for mental health and mental retardation services for a resident
making a transition from a nursing home to a community-based care setting.
Fee for Physician Profiling System - H.B. 2558
by Representatives Maxey and Janek
Senate Sponsor: Senator Shapleigh
Currently, Texas State Board of Medical Examiners is assembling certain information on the background of
physicians that it will make available on the Internet. Early estimations of the cost of profile maintenance
have proven to be too low, and the current fee is necessary to pay for maintaining the physician profiling
system.
Retains the current fee of $20.
Domestic Violence Fatality-Review Teams - H.B. 2676
by Representative Truitt
Senate Sponsor: Senator Madla
Authorizes the establishment of domestic violence fatality-review teams in certain counties.
Senate Research Center 162