85R3393 JG-D     By: Zaffirini S.B. No. 2023       A BILL TO BE ENTITLED   AN ACT   relating to the implementation of the community living options   information process for residents of certain facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 531, Government Code, is   amended by adding Section 531.024435 to read as follows:          Sec. 531.024435.  IMPLEMENTATION OF COMMUNITY LIVING   OPTIONS INFORMATION PROCESS AT PRIVATE INSTITUTIONS FOR CERTAIN   ADULT RESIDENTS. (a) In this section:                (1)  "Adult resident" means a person with an   intellectual disability or a related condition who:                      (A)  is at least 22 years of age; and                      (B)  resides in a privately operated facility.                (2)  "Department" means the Department of Aging and   Disability Services or its successor agency.                (3)  "Legally authorized representative" has the   meaning assigned by Section 241.151, Health and Safety Code.                (4)  "Local intellectual and developmental disability   authority" has the meaning assigned by Section 531.002, Health and   Safety Code.                (5)  "Privately operated facility" means a facility   with at least nine beds that is licensed under Chapter 252, Health   and Safety Code, and is operated by a private entity.          (b)  This section applies only to the community living   options information process for an adult resident.          (c)  The department, with the advice and assistance of the   interagency task force on ensuring appropriate care settings for   persons with disabilities and representatives of family members or   legally authorized representatives of adult residents, persons   with an intellectual disability, privately operated facilities,   and local intellectual and developmental disability authorities,   shall:                (1)  develop an effective community living options   information process;                (2)  create uniform procedures for the implementation   of the community living options information process; and                (3)  minimize any potential conflict of interest   regarding the community living options information process between   a privately operated facility and an adult resident, an adult   resident's legally authorized representative, or a local   intellectual and developmental disability authority.          (d)  The department shall contract with local intellectual   and developmental disability authorities to implement the   community living options information process required by Section   531.02442 for an adult resident.          (e)  The contract with the local intellectual and   developmental disability authority must:                (1)  delegate to the local intellectual and   developmental disability authority the department's duties under   Section 531.02442 with regard to the implementation of the   community living options information process at a privately   operated facility;                (2)  include performance measures designed to assist   the department in evaluating the effectiveness of a local   intellectual and developmental disability authority in   implementing the community living options information process; and                (3)  ensure that the local intellectual and   developmental disability authority provides service coordination   and relocation services to an adult resident who chooses, is   eligible for, and is recommended by the interdisciplinary team for   a community living option to facilitate a timely, appropriate, and   successful transition from the privately operated facility to the   community living option.          (f)  A privately operated facility shall:                (1)  allow a local intellectual and developmental   disability authority to participate in the interdisciplinary   planning process involving the consideration of community living   options for an adult resident;                (2)  to the extent not otherwise prohibited by state or   federal confidentiality laws, provide a local intellectual and   developmental disability authority with access to an adult resident   and an adult resident's records to assist the authority in   implementing the community living options information process; and                (3)  provide the adult resident or the adult resident's   legally authorized representative with accurate information   regarding the risks of moving the adult resident to a community   living option.          SECTION 2.  This Act takes effect September 1, 2017.