Sec. 533.042. EVALUATION OF ELDERLY RESIDENTS. (a) The department shall evaluate each elderly resident at least annually to determine if the resident can be appropriately served in a less restrictive setting.
(b) The department shall consider the proximity to the resident of family, friends, and advocates concerned with the resident's well-being in determining whether the resident should be moved from a department facility or to a different department facility. The department shall recognize that a nursing facility may not be able to meet the special needs of an elderly resident.
(c) In evaluating an elderly resident under this section and to ensure appropriate placement, the department shall identify the special needs of the resident, the types of services that will best meet those needs, and the type of facility that will best provide those services.
(d) The treating physician shall conduct the evaluation of an elderly resident of a department facility.
(e) The department shall attempt to place an elderly resident in a less restrictive setting if the department determines that the resident can be appropriately served in that setting. The department shall coordinate the attempt with the local mental health authority.
(f) A local mental health authority shall provide continuing care for an elderly resident placed in the authority's service area under this section.
(g) The local mental health authority shall have the right of access to all residents and records of residents who request continuing care services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 5, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability
Chapter 533 - Powers and Duties of Department of State Health Services
Subchapter B. Powers and Duties Relating to Provision of Mental Health Services
Section 533.032. Long-Range Planning
Section 533.0325. Continuum of Services in Campus Facilities
Section 533.033. Determination of Required Range of Mental Health Services
Section 533.034. Authority to Contract for Community-Based Services
Section 533.0345. State Agency Services Standards
Section 533.035. Local Mental Health Authorities
Section 533.0351. Required Composition of Local Mental Health Authority Governing Body
Section 533.0352. Local Authority Planning for Local Service Area
Section 533.03521. Local Network Development Plan Creation and Approval
Section 533.0356. Local Behavioral Health Authorities
Section 533.0357. Best Practices Clearinghouse for Local Mental Health Authorities
Section 533.0358. Local Mental Health Authority's Provision of Services as Provider of Last Resort
Section 533.0359. Rulemaking for Local Mental Health Authorities
Section 533.037. Service Programs and Sheltered Workshops
Section 533.040. Services for Children and Youth
Section 533.0415. Memorandum of Understanding on Interagency Training
Section 533.042. Evaluation of Elderly Residents
Section 533.043. Proposals for Geriatric, Extended, and Transitional Care
Section 533.051. Allocation of Outpatient Mental Health Services and Beds in State Hospitals