HBA-DMH H.B. 2004 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2004 By: Maxey Public Health 7/3/2001 Enrolled HBA-DMH H.B. 2004 77(R) BACKGROUND AND PURPOSE On release from an inpatient facility, Texas Department of Mental Health and Mental Retardation clients are provided with an initial outpatient appointment to a community mental health center and supplied with medication adequate to last until that appointment. At times, the patient arrives at the initial outpatient appointment to find the appointment is with a social worker or another individual unable to issue a prescription. A debate sometimes occurs between the releasing facility and the outpatient facility responsible for the patient as to which is fiscally responsible for providing the additional necessary medication. House Bill 2004 provides that a patient's continuing care plan must address who is responsible for providing and paying for medication to ensure that a patient has the necessary medication until the patient can see a physician. 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 2004 amends the Health and Safety Code to provide that a patient's continuing care plan must address the patient's mental health and physical needs, including, if appropriate: _the need for sufficient medication on furlough or discharge from court-ordered mental health services to last until the patient can see a physician; and _the person or entity that is responsible for providing and paying for the medication. The bill does not create a mandate that a private mental hospital or general hospital provide or pay for a medication for a patient. EFFECTIVE DATE June 15, 2001.