TITLE: Relating to the prohibited discharge of a patient to certain unlicensed or unpermitted group-centered facilities.

SUMMARY: Relating to the prohibited discharge of a patient to certain unlicensed or unpermitted group-centered facilities.

FULL TEXT:
AN ACT relating to the prohibited discharge of a patient to certain unlicensed or unpermitted group-centered facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Chapter 256, Health and Safety Code, is amended to read as follows: CHAPTER 256. SAFE PATIENT HANDLING,[AND] MOVEMENT,AND DISCHARGE PRACTICES SECTION 2. Chapter 256, Health and Safety Code, is amended by adding Section 256.003 to read as follows: Sec. 256.003. PROHIBITED DISCHARGE OF PATIENTS TO CERTAIN FACILITIES. (a) Subject to Subsection (b), a hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered facility only if the person who operates the facility holds a license or permit issued in accordance with applicable state law. (b) A hospital or other health facility may discharge or otherwise release a patient to the care of a group home, boarding home facility, or similar group-centered facility operated by a person who does not hold a license or permit issued in accordance with applicable state law only if: (1) no facility described by this section is operated in the county by a person who holds the applicable license or permit; or (2) the patient voluntarily elects to reside in the facility of the unlicensed or unpermitted person. (c) A hospital or other health facility is not liable for damages to a patient resulting from the patient's discharge or release to a group home, boarding home facility, or similar group-centered facility under Subsection (b). (d) A local health authority may not issue an order authorizing a hospital or health facility to discharge or release a patient to a facility in a manner that conflicts with this section. SECTION 3. This Act takes effect September 1, 2021.