HBA-CCH S.B. 83 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 83
By: Madla
Human Services
3/2/2001
Engrossed



BACKGROUND AND PURPOSE 

The 76th Legislature directed the Health and Human Services Commission to
appoint a committee to study the effectiveness of transferring authority
from the Texas Department of Human Services (DHS) to the Texas Department
of Mental Health and Mental Retardation (MHMR) relating to the  regulation
of intermediate care facilities for the mentally retarded (ICF/MR).  The
committee concluded that DHS needs specialized staff in the ICF/MR
regulatory division with experience working with mentally retarded clients
and issues, and that DHS and MHMR need to cooperate in developing rules for
ICF/MR facilities, in particular, when closing an ICF/MR.  Senate Bill 83
implements the recommendations of the committee, and repeals current law
that provides for the transfer of licensing, surveying, and regulation of
ICF/MRs to DHS. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly transferred from the Texas Department of Human
Services (DHS) to the Texas Board of Human Services in SECTION 1 (Section
252.008, Health and Safety Code) of this bill. 

ANALYSIS

Senate Bill 83 amends the Health and Safety Code to require the Texas Board
of Human Services (board), rather than the Texas Department of Human
Services (DHS), to adopt rules related to the administration and
implementation of law regarding intermediate care facilities for the
mentally retarded (ICF/MR).  S.B. 83 requires DHS and the Texas Department
of Mental Health and Mental Retardation (MHMR) to cooperate in developing
proposed rules.  Before the board adopts a rule applicable to an ICF/MR,
the board is required to present the proposed rule to the commissioner of
MHMR (commissioner) for review. The bill requires the commissioner to
provide  a written statement to the board of the effects of the proposed
rule no later than the 31st day after the date the commissioner receives
the proposed rule. 

S.B. 83 requires DHS to have specialized staff that conducts inspections,
surveys, or investigations of ICF/MRs.  The bill also requires DHS and MHMR
to cooperate closely to ensure the short-term and longterm well-being of
clients when closing an ICF/MR. 

The bill repeals law that provides for the transfer of licensing,
surveying, and regulation of ICF/MRs from DHS to MHMR on September 1, 2001. 

EFFECTIVE DATE

September 1, 2001.