HBA-DMH C.S.H.B. 2004 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2004 By: Maxey Public Health 4/17/2001 Committee Report (Substituted) 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 can occur between the releasing facility and the outpatient facility responsible for the patient as to which is fiscally responsible for providing the additional necessary medication. C.S.H.B. 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 C.S.H.B. 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 who is responsible for providing and paying for the medication. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2004 differs from the original by providing that a patient's continuing care plan must address who is responsible for providing and paying for the medication, rather than requiring the physician responsible for the patient's treatment to ensure that the patient receives the necessary medication.