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Texas House Bill HB2196

Texas 2009 - 81st Regular

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11 H.B. No. 2196
22
33
44 AN ACT
55 relating to the establishment of a workgroup to study and make
66 recommendations on the integration of health and behavioral health
77 services.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. (a) The executive commissioner of the Health and
1010 Human Services Commission shall establish a workgroup to recommend
1111 best practices in policy, training, and service delivery to promote
1212 the integration of health and behavioral health services in this
1313 state.
1414 (b) The executive commissioner of the Health and Human
1515 Services Commission shall appoint members to serve on the
1616 workgroup. The workgroup must include:
1717 (1) at least one representative of the Department of
1818 State Health Services;
1919 (2) at least one representative of the Department of
2020 Aging and Disability Services;
2121 (3) at least one representative of the Department of
2222 Family and Protective Services;
2323 (4) at least one representative of the Health and
2424 Human Services Commission;
2525 (5) a representative of the Texas Department of
2626 Insurance;
2727 (6) a representative of a state organization that
2828 represents community mental health and mental retardation centers;
2929 (7) a representative of a state organization that
3030 represents federally qualified health centers;
3131 (8) a representative of a state organization that
3232 represents substance abuse providers;
3333 (9) at least one representative of state associations
3434 that represent medical and behavioral health professionals;
3535 (10) at least one representative of a statewide
3636 organization that promotes mental health and prevention of mental
3737 disorders and advocates and educates to improve the care and
3838 treatment of persons with mental illness;
3939 (11) at least one consumer member of an organization
4040 that represents consumers of mental health services;
4141 (12) at least one representative of an organization
4242 that represents family members of consumers of mental health
4343 services;
4444 (13) a representative of a mental health philanthropy
4545 that is an administrative unit of a public institution of higher
4646 education in this state and that agrees to provide administrative
4747 support to the workgroup; and
4848 (14) additional members who are recognized experts in
4949 integrated health care in the state, who have direct experience
5050 with the provision of integrated health care, or who represent the
5151 interests of consumers, communities, family members, advocates,
5252 business leaders, medical and behavioral health providers, and
5353 insurers.
5454 (c) The workgroup shall study and make recommendations on
5555 the integration of health and behavioral health services in this
5656 state. The workgroup may request any information it needs from
5757 state agencies, and the state agencies shall comply with the
5858 request.
5959 (d) The executive commissioner of the Health and Human
6060 Services Commission shall:
6161 (1) not later than October 1, 2009, establish the
6262 workgroup as required under Subsection (a) of this section; and
6363 (2) not later than August 1, 2010, file with the
6464 appropriate committees of the senate and the house of
6565 representatives a report that describes the best practices for
6666 health and behavioral health integration, barriers to implementing
6767 the best practices in this state, and policy considerations for
6868 improving integrated service delivery to the citizens of this
6969 state.
7070 (e) This section expires and the workgroup created under
7171 this section is abolished on August 31, 2010.
7272 SECTION 2. Subtitle E, Title 2, Health and Safety Code, is
7373 amended by adding Chapter 115 to read as follows:
7474 CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS
7575 Sec. 115.001. DEFINITIONS. In this chapter:
7676 (1) "Children with special needs" means children
7777 younger than 22 years of age diagnosed with a chronic illness,
7878 intellectual or other developmental disability, or serious mental
7979 illness.
8080 (2) "Commission" means the Health and Human Services
8181 Commission.
8282 (3) "Executive commissioner" means the executive
8383 commissioner of the Health and Human Services Commission.
8484 (4) "Task force" means the Interagency Task Force for
8585 Children with Special Needs established under this chapter.
8686 Sec. 115.002. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS.
8787 The governor, or the governor's designee, shall oversee the task
8888 force created and administered by the commission to improve the
8989 coordination, quality, and efficiency of services for children with
9090 special needs.
9191 Sec. 115.003. DUTIES. The task force shall:
9292 (1) not later than September 1, 2010, coordinate with
9393 federal agencies to compile a list of opportunities to increase
9494 flexible funding for services for children with special needs,
9595 including alternative funding sources and service delivery
9696 options;
9797 (2) conduct a review of state agency policies and
9898 procedures related to service delivery for children with special
9999 needs;
100100 (3) perform a needs assessment, including public
101101 hearings to identify service delivery gaps, system entry points,
102102 and service obstacles; and
103103 (4) develop a five-year plan to improve the
104104 coordination, quality, and efficiency of services for children with
105105 special needs under Section 115.004.
106106 Sec. 115.004. TASK FORCE PLAN. (a) In developing the
107107 five-year plan under this chapter, the task force shall:
108108 (1) identify the party responsible for each action set
109109 forth in the plan and set deadlines for implementation of each
110110 recommendation;
111111 (2) create benchmarks to measure progress toward goals
112112 and objectives;
113113 (3) consult with the Legislative Budget Board to
114114 coordinate relevant cost studies and account for long-term savings
115115 of short-term child investments;
116116 (4) consult with personnel from other states to
117117 identify best practices;
118118 (5) consult with the state demographer and relevant
119119 federal agencies to account for future demographic trends;
120120 (6) consult with pediatric specialists and other
121121 health care providers to determine best medical practices;
122122 (7) coordinate with mental health and developmental
123123 disability advocates; and
124124 (8) develop a timeline for plan implementation.
125125 (b) The plan created under this chapter must provide
126126 recommendations to:
127127 (1) maximize the use of federal funds available to
128128 this state for the purposes described by Section 115.002;
129129 (2) reduce the number of families who experience
130130 crisis due to insufficient and ineffective interventions or
131131 services or lack of coordination and planning of interventions or
132132 services;
133133 (3) improve families' ability to navigate the system
134134 through improved coordination between service providers and
135135 increased outreach;
136136 (4) remove barriers to local coordination of services
137137 and supports;
138138 (5) evaluate the feasibility of creating an
139139 interagency legally authorized representative program to provide
140140 support services for children with special needs;
141141 (6) improve early detection and intervention
142142 services;
143143 (7) increase the number of community-based options for
144144 children with special needs;
145145 (8) improve accountability for each agency
146146 represented on the task force and other service providers;
147147 (9) reduce existing fragmentation of service delivery
148148 to reflect best practices and eliminate ineffective interventions;
149149 (10) reduce service gaps and overlap;
150150 (11) improve data management;
151151 (12) prevent unnecessary parental relinquishment of
152152 custody;
153153 (13) create a core set of quality measures to
154154 determine quality of care and improvements to quality of life; and
155155 (14) improve availability of high-quality
156156 community-based acute and long-term care services and supports.
157157 Sec. 115.005. MEMORANDUM OF UNDERSTANDING. The governor's
158158 office and each agency represented on the task force shall enter
159159 into a memorandum of understanding to implement the task force's
160160 duties under this chapter.
161161 Sec. 115.006. REPORT. (a) The task force shall submit a
162162 biennial report on the progress of each agency represented on the
163163 task force in accomplishing the goals described by Section 115.002
164164 to the governor, lieutenant governor, and speaker of the house of
165165 representatives.
166166 (b) The report must include:
167167 (1) stakeholder input, including testimony from
168168 parents in each health and human services district;
169169 (2) progress toward meeting each goal outlined in the
170170 plan under Section 115.004;
171171 (3) current barriers that prevent accomplishing each
172172 goal listed in Subdivision (2);
173173 (4) additional resource needs;
174174 (5) current resources that could be redirected for
175175 more efficient and effective use;
176176 (6) amendments to the plan under this chapter;
177177 (7) recommendations and proposed legislation to help
178178 fulfill the goals of this chapter; and
179179 (8) feasibility statements on related
180180 recommendations.
181181 (c) The task force shall publish the report on the
182182 commission's website.
183183 Sec. 115.007. COMPOSITION. (a) The task force consists of:
184184 (1) the commissioner, the executive director or
185185 director, or a deputy or assistant commissioner of:
186186 (A) the commission, designated by the executive
187187 commissioner;
188188 (B) the Department of Aging and Disability
189189 Services, designated by the commissioner of that agency;
190190 (C) the Department of Assistive and
191191 Rehabilitative Services, designated by the commissioner of that
192192 agency;
193193 (D) the division of early childhood intervention
194194 services, designated by the commissioner of the Department of
195195 Assistive and Rehabilitative Services;
196196 (E) the Department of Family and Protective
197197 Services, designated by the commissioner of that agency;
198198 (F) the Department of State Health Services,
199199 designated by the commissioner of that agency;
200200 (G) the Texas Education Agency, designated by the
201201 commissioner of that agency;
202202 (H) the Texas Youth Commission, designated by the
203203 executive commissioner of that agency;
204204 (I) the Texas Juvenile Probation Commission,
205205 designated by the executive director of that agency; and
206206 (J) the Texas Correctional Office on Offenders
207207 with Medical or Mental Impairments, designated by the director of
208208 that office; and
209209 (2) eight nonvoting members who are:
210210 (A) a representative of a local mental health
211211 authority or a local mental retardation authority, appointed by the
212212 governor;
213213 (B) two members of the house of representatives,
214214 appointed by the speaker of the house of representatives;
215215 (C) two senators, appointed by the lieutenant
216216 governor; and
217217 (D) three parents or consumer advocates, one each
218218 appointed by the commission, the Texas Education Agency, and the
219219 Texas Youth Commission.
220220 (b) The members of the task force appointed under Subsection
221221 (a)(2)(D) may serve a five-year term or may elect to serve for a
222222 shorter period.
223223 Sec. 115.008. MEETINGS. (a) The task force shall meet at
224224 least once each quarter.
225225 (b) The task force shall provide an opportunity for
226226 statewide public participation in at least two meetings in each
227227 calendar year.
228228 (c) All meetings of the task force shall be conducted in
229229 accordance with Chapter 551, Government Code.
230230 Sec. 115.009. INTERAGENCY COORDINATOR; STAFF. (a) The
231231 governor shall appoint an interagency coordinator from the
232232 commission as the presiding officer of the task force.
233233 (b) The interagency coordinator shall hire a full-time
234234 director and administrative assistant to support the duties and
235235 functions of the task force.
236236 Sec. 115.010. TASK FORCE DIRECTOR. The task force director
237237 hired by the interagency coordinator under Section 115.009 shall:
238238 (1) prepare on behalf of the task force the plan and
239239 reports required under this chapter;
240240 (2) work with each task force representative to
241241 schedule meetings and deadlines relevant to the representative's
242242 agency; and
243243 (3) work with the interagency coordinator to assign
244244 subcommittee leadership positions under Section 115.011.
245245 Sec. 115.011. SUBCOMMITTEES. (a) The interagency
246246 coordinator, assisted by the task force director, shall establish
247247 subcommittees to address:
248248 (1) early childhood detection and intervention;
249249 (2) education;
250250 (3) health care;
251251 (4) transitioning youth;
252252 (5) crisis prevention and intervention;
253253 (6) juvenile justice;
254254 (7) long-term, community-based services and supports;
255255 and
256256 (8) mental health.
257257 (b) Each subcommittee shall include at least one task force
258258 member to serve as chair. Consistent with the purpose of each
259259 subcommittee, members shall consult with relevant subject matter
260260 experts, relevant advocacy organizations, staff from related
261261 agencies, and parents or consumers who have used related services.
262262 (c) Each subcommittee shall report the subcommittee's
263263 findings and related recommendations at a task force meeting at
264264 least once each year. On a biennial basis, the subcommittee shall
265265 provide a written report with findings and recommendations not less
266266 than two months before the scheduled release of the task force
267267 report under this chapter.
268268 Sec. 115.012. SUNSET PROVISION. The Interagency Task Force
269269 for Children With Special Needs is subject to Chapter 325,
270270 Government Code (Texas Sunset Act). Unless continued in existence
271271 as provided by that chapter, the task force is abolished and this
272272 chapter expires September 1, 2015.
273273 SECTION 3. (a) As soon as practicable after the effective
274274 date of this Act:
275275 (1) the governor shall appoint the interagency
276276 coordinator of the Interagency Task Force for Children with Special
277277 Needs as required by Section 115.009, Health and Safety Code, as
278278 added by this Act; and
279279 (2) the lieutenant governor, speaker of the house of
280280 representatives, and executive commissioner, commissioner,
281281 executive director, or director of each entity listed under Section
282282 115.007, Health and Safety Code, as added by this Act, shall appoint
283283 the members of the Interagency Task Force for Children with Special
284284 Needs established by Chapter 115, Health and Safety Code, as added
285285 by this Act.
286286 (b) The Interagency Task Force for Children with Special
287287 Needs shall hold an organizational meeting not later than September
288288 30, 2009.
289289 (c) The interagency coordinator shall appoint the
290290 subcommittees created under Section 115.011, Health and Safety
291291 Code, as added by this Act, not later than December 1, 2009.
292292 (d) The plan required under Chapter 115, Health and Safety
293293 Code, as added by this Act, must be submitted to the 82nd
294294 Legislature not later than September 1, 2011.
295295 SECTION 4. This Act takes effect September 1, 2009.
296296 ______________________________ ______________________________
297297 President of the Senate Speaker of the House
298298 I certify that H.B. No. 2196 was passed by the House on April
299299 9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
300300 voting; that the House refused to concur in Senate amendments to
301301 H.B. No. 2196 on May 20, 2009, and requested the appointment of a
302302 conference committee to consider the differences between the two
303303 houses; and that the House adopted the conference committee report
304304 on H.B. No. 2196 on May 28, 2009, by the following vote: Yeas 146,
305305 Nays 0, 1 present, not voting.
306306 ______________________________
307307 Chief Clerk of the House
308308 I certify that H.B. No. 2196 was passed by the Senate, with
309309 amendments, on May 13, 2009, by the following vote: Yeas 31, Nays
310310 0; at the request of the House, the Senate appointed a conference
311311 committee to consider the differences between the two houses; and
312312 that the Senate adopted the conference committee report on H.B. No.
313313 2196 on May 30, 2009, by the following vote: Yeas 31, Nays 0.
314314 ______________________________
315315 Secretary of the Senate
316316 APPROVED: __________________
317317 Date
318318 __________________
319319 Governor