Sec. 22.037. PILOT PROGRAM FOR COMMUNITY-BASED ALTERNATIVES FOR PERSONS WITH DISABILITIES

(a) In this section:

(1) "Institution" means:

(A) an ICF-MR, as defined by Section 531.002, Health and Safety Code;

(B) a nursing facility; or

(C) an institution for the mentally retarded licensed or operated by the Department of Protective and Regulatory Services.

(2) "Legally authorized representative" has the meaning assigned by Section 241.151, Health and Safety Code.

(b) The department, in cooperation with the Texas Department of Mental Health and Mental Retardation and the Department of Protective and Regulatory Services in accordance with the memorandum of understanding adopted under Section 22.038, shall develop and implement in at least three sites a pilot program to provide a system of services and support that fosters independence and productivity and provides meaningful opportunities for persons with disabilities to live in the community. The department shall determine the pilot sites, with one site in a rural area, one site in an urban area, and one site in a mixed urban and rural area. In determining the sites, the department shall consider the length of waiting lists for community-based services and support in each area and give preference to areas with the longest waiting lists.

(c) The pilot program, subject to the availability of funds, shall include the following components:

(1) a comprehensive system of improved policies and procedures to avoid inappropriately placing a person with a disability in an institution, including policies and procedures that require:

(A) a preadmission screening for the person that includes the participation of hospital discharge staff and the person's physician; and

(B) an analysis of the costs, benefits, and effectiveness of placing the person in a community-based alternative care setting;

(2) a program under which physicians who treat persons with disabilities and hospital discharge staff are:

(A) educated about the availability of community-based alternatives to institutionalization to reduce the number of persons inappropriately placed in an institution; and

(B) required to inform a person with a disability and any other person required to be provided information under Section 531.042, Government Code, of all care and support options available to the person with the disability, including community-based care and support options, before that person makes a decision regarding a long-term care placement;

(3) a program, including a program implemented through grants to community-based organizations, to provide a transition case manager to:

(A) assist a person with a disability in making a transition from an institution to a community-based alternative care setting after that person or the person's legally authorized representative decides the person should make that transition; and

(B) coordinate with the local mental health or mental retardation authority, as defined by Section 531.002, Health and Safety Code, in:

(i) providing services to the person related to the assistance described by Paragraph (A), if applicable; and

(ii) conducting outreach initiatives under Subdivision (4);

(4) a program to provide grants to community-based organizations to conduct outreach initiatives to identify persons with disabilities who may inappropriately reside in an institution; and

(5) a program under which presumptive eligibility is authorized for community-based care and support programs for a person with a disability.

(d) The department shall implement each component of the pilot program described by Subsection (c) for which the legislature appropriates sufficient money. The department is not required to implement a component if the legislature does not appropriate sufficient money for that component.

(e) Not later than January 15, 2005, the department shall submit a report concerning the effectiveness of the pilot program to the presiding officers of both houses of the legislature and to the governor. The report must include:

(1) an evaluation of the strengths and weaknesses of each implemented component of the pilot program;

(2) a recommendation regarding the feasibility of expanding the pilot program statewide; and

(3) a recommendation regarding adopting improved policies and procedures with statewide applicability, as determined from the information obtained in operating the pilot program, to ensure appropriate care settings for persons with disabilities.

Added by Acts 2001, 77th Leg., ch. 1239, Sec. 4, eff. Sept. 1, 2001.