HBA-DMH H.B. 2073 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2073
By: Maxey
Public Health
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

In 1999, the United States Supreme Court ruled that under Title II of the
Americans with Disabilities Act (ADA), states may be required to place
persons with mental disabilities in community settings, rather than in an
institution, when the state's treatment professionals have determined that
community placement is appropriate, after taking into account state
resources and patient need.  Generally, individuals with mental illness do
not receive long-term inpatient psychiatric care.  Such individuals are
admitted for treatment and discharged within a short time period, often to
live in an assisted living facility.  Assisted living facilities are not
required, or properly funded, to provide adequate community treatment and
support services.  Owing to this gap in the community mental health
delivery system, individuals with mental illness may return to short-term
in patient psychiatric care again and again.  If this population was more
accurately identified, the state could better estimate the funding needed
for community support services.  House Bill 2073 provides that community
support services are appropriate if an individual with mental illness is
admitted to a Texas Department of Mental Health and Mental Retardation
facility three or more times during a 180-day period. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2073 amends the Health and Safety Code to require the Texas
Department of Mental Health and Mental Retardation (department) to presume,
if a person with mental illness is admitted to a department facility for
inpatient mental health services three or more times during a 180-day
period, that communitybased services and support are appropriate for the
person and that the person is eligible for those services and support. 

EFFECTIVE DATE

September 1, 2001.