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.