Texas 2009 - 81st Regular

Texas House Bill HB620 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3928 UM-D
2	2	By: Davis of Harris H.B. No. 620
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to behavioral health services for children and
8	8	establishment of the Children's Behavioral Health Council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 531.251, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 531.251. TEXAS INTEGRATED FUNDING INITIATIVE PILOT
13	13	PROJECT [CONSORTIUM]; DEFINITION; EXPANSION PLAN. (a) In this
14	14	subchapter, "council" means the Children's Behavioral Health
15	15	Council established under Section 531.425.
16	16	(a-1) The council [commission] shall [form a consortium to]
17	17	develop criteria for and implement the expansion of the Texas
18	18	Integrated Funding Initiative pilot project and [to] develop local
19	19	mental health care systems in communities for minors who are
20	20	receiving residential mental health services or who are at risk of
21	21	residential placement to receive mental health services. [The
22	22	consortium must include representatives of the Texas Department of
23	23	Mental Health and Mental Retardation, Department of Protective and
24	24	Regulatory Services, Texas Education Agency, Texas Youth
25	25	Commission, Texas Juvenile Probation Commission, and Texas
26	26	Commission on Alcohol and Drug Abuse and an equal number of family
27	27	advocates.]
28	28	(b) The commission and the council [consortium] shall:
29	29	(1) develop a model and guidelines for the delivery of
30	30	mental health services and support to a minor, initiated before the
31	31	person's 18th birthday, including best practices in the financing,
32	32	administration, governance, and delivery of those services;
33	33	(2) establish a plan to expand the Texas Integrated
34	34	Funding Initiative so that the initiative may operate in up to six
35	35	communities; and
36	36	(3) identify appropriate sources of state and federal
37	37	funding to finance mental health services under the initiative from
38	38	a central fund for expansion communities.
39	39	SECTION 2. Section 531.252(b), Government Code, is amended
40	40	to read as follows:
41	41	(b) The commission and the council [consortium] shall
42	42	develop criteria to evaluate proposals for selecting expansion
43	43	communities to participate in the expanded initiative. The
44	44	criteria must:
45	45	(1) reflect the underlying principles of the Texas
46	46	Integrated Funding Initiative;
47	47	(2) emphasize services that are culturally competent,
48	48	family-centered, and seamless;
49	49	(3) identify populations to be served under the
50	50	proposals;
51	51	(4) establish for the expansion communities service
52	52	outcome goals related to minors who are receiving residential
53	53	mental health services or who are at risk of residential placement
54	54	to receive mental health services, including:
55	55	(A) decreasing incidents of abuse or neglect of
56	56	the minors;
57	57	(B) reducing recidivism rates of juvenile
58	58	offenders;
59	59	(C) increasing school attendance and progress of
60	60	the minors;
61	61	(D) reducing the rate of placement of the minors
62	62	in residential treatment;
63	63	(E) increasing the rate of reunification of the
64	64	minors with their families;
65	65	(F) improving the emotional, behavioral, and
66	66	social adjustment of the minors; and
67	67	(G) improving the stability of placements of the
68	68	minors;
69	69	(5) provide for locations of participating
70	70	communities in urban, suburban, and rural settings; and
71	71	(6) specify information that must be provided in a
72	72	proposal for a community, including:
73	73	(A) information on the costs of the activities
74	74	proposed; and
75	75	(B) the characteristics of minors in the
76	76	community who are in residential care for mental health services or
77	77	who are at risk of being placed in residential care to receive
78	78	mental health services.
79	79	SECTION 3. Section 531.253, Government Code, is amended to
80	80	read as follows:
81	81	Sec. 531.253. SELECTION OF EXPANSION COMMUNITIES. The
82	82	commission and the council [consortium] shall review proposals for
83	83	expansion communities and approve participation of not more than
84	84	six communities to participate in the initiative. The selected
85	85	communities must be those that best meet the criteria developed
86	86	under Section 531.252.
87	87	SECTION 4. Section 531.254, Government Code, is amended to
88	88	read as follows:
89	89	Sec. 531.254. SYSTEM DEVELOPMENT COLLABORATION. The
90	90	commission, the council [consortium], and the expansion
91	91	communities shall collaborate to develop and shall share technical
92	92	assistance and training resources to aid communities in developing
93	93	local systems for delivering mental health services to minors.
94	94	SECTION 5. Sections 531.255(a), (b), and (c), Government
95	95	Code, are amended to read as follows:
96	96	(a) The commission and the council [Texas Department of
97	97	Mental Health and Mental Retardation] jointly shall monitor the
98	98	progress of the expansion communities.
99	99	(b) The commission, the council [consortium], and the
100	100	expansion communities shall collaborate to develop a system to
101	101	evaluate the success of the expansion communities in achieving
102	102	outcome goals for the minors the communities serve, including
103	103	outcome goals developed under Section 531.252. An evaluation under
104	104	the system must include information on cost avoidance and net
105	105	savings that result from participation in the initiative.
106	106	(c) Each expansion community shall identify the baseline
107	107	information to compare with the information on outcomes in
108	108	evaluating the achievements of the community. A community is
109	109	responsible for collecting and reporting outcome information to the
110	110	commission and the council in accordance with the requirements of
111	111	the evaluation system developed under Subsection (b).
112	112	SECTION 6. Section 531.421, Government Code, is amended by
113	113	adding Subdivision (3-a) to read as follows:
114	114	(3-a) "Council" means the Children's Behavioral Health
115	115	Council established under Section 531.425.
116	116	SECTION 7. Section 531.422(c), Government Code, is amended
117	117	to read as follows:
118	118	(c) Each community resource coordination group shall submit
119	119	the report described by Subsection (b) to the council [consortium].
120	120	The council [consortium] shall provide a deadline to each group for
121	121	submitting the reports. The time frame for completing the reports
122	122	must be coordinated with any regional reviews by the commission of
123	123	the delivery of related services.
124	124	SECTION 8. Section 531.423, Government Code, is amended to
125	125	read as follows:
126	126	Sec. 531.423. SUMMARY REPORT BY COUNCIL [TEXAS INTEGRATED
127	127	FUNDING INITIATIVE CONSORTIUM]. (a) The council [consortium]
128	128	shall create a summary report based on the evaluations in the
129	129	reports submitted to the council [consortium] by community resource
130	130	coordination groups under Section 531.422. The council's
131	131	[consortium's] report must include recommendations for policy and
132	132	statutory changes at each agency that is involved in the provision
133	133	of systems of care services and the outcome expected from
134	134	implementing each recommendation.
135	135	(b) The council [consortium] shall coordinate, where
136	136	appropriate, the recommendations in the report created under this
137	137	section with recommendations in the assessment developed under
138	138	Chapter 23, S.B. No. 491, Acts of the 78th Legislature, Regular
139	139	Session, 2003, and with the continuum of care developed under
140	140	Section 533.040(d), Health and Safety Code [S.B. No. 490, Acts of
141	141	the 78th Legislature, Regular Session, 2003].
142	142	(c) The council [consortium] may include in the report
143	143	created under this section recommendations for the statewide
144	144	expansion of sites participating in the Texas Integrated Funding
145	145	Initiative under Subchapter G-1 [G, Chapter 531, as added by
146	146	Chapter 446, Acts of the 76th Legislature, Regular Session, 1999,]
147	147	and the integration of services provided at those sites with
148	148	services provided by community resource coordination groups.
149	149	(d) The council [consortium] shall provide a copy of the
150	150	report created under this section to each agency for which the
151	151	report makes a recommendation and to other agencies as appropriate.
152	152	SECTION 9. Subchapter L, Chapter 531, Government Code, is
153	153	amended by adding Sections 531.425, 531.426, 531.427, and 531.428
154	154	to read as follows:
155	155	Sec. 531.425. CHILDREN'S BEHAVIORAL HEALTH COUNCIL. (a)
156	156	The Children's Behavioral Health Council is established to provide
157	157	a coordinated, comprehensive, interagency approach to the
158	158	development and delivery of behavioral health services to children.
159	159	(b) The council is composed of one representative from each
160	160	of the following state agencies, appointed by the chief
161	161	administrative officer of the respective agency:
162	162	(1) the Health and Human Services Commission;
163	163	(2) the Department of State Health Services;
164	164	(3) the Department of Family and Protective Services;
165	165	(4) the Department of Assistive and Rehabilitative
166	166	Services;
167	167	(5) the Department of Aging and Disability Services;
168	168	(6) the Texas Education Agency;
169	169	(7) the Texas Correctional Office on Offenders with
170	170	Medical or Mental Impairments;
171	171	(8) the Texas Juvenile Probation Commission; and
172	172	(9) the Texas Youth Commission.
173	173	(c) The members of the council shall annually elect one
174	174	member to serve as chairperson.
175	175	(d) The council, with the advice of the advisory committee
176	176	established under Section 531.426, shall:
177	177	(1) develop and implement coordinated state policies
178	178	to improve the behavioral health of children;
179	179	(2) develop a coordinated system for planning and
180	180	budgeting that establishes priorities and strategies for the
181	181	coordinated delivery of behavioral health services to children;
182	182	(3) develop a coordinated system to track and report
183	183	spending on behavioral health services for children by agencies
184	184	represented by a member of the council;
185	185	(4) administer state grants for development of local
186	186	systems of care services;
187	187	(5) develop a plan to support the statewide expansion
188	188	of local systems of care services;
189	189	(6) provide technical assistance and training to local
190	190	providers of systems of care services;
191	191	(7) design an integrated funding structure for the
192	192	provision of behavioral health services for children in accordance
193	193	with Section 531.427; and
194	194	(8) assess the provision of behavioral health services
195	195	to children to eliminate duplication of efforts and identify
196	196	opportunities to consolidate those efforts.
197	197	(e) The council is administratively attached to the
198	198	commission. The commission shall provide administrative support
199	199	and resources to the council as necessary to enable the council to
200	200	perform its duties.
201	201	(f) The council is not subject to Chapter 2110.
202	202	Sec. 531.426. CHILDREN'S BEHAVIORAL HEALTH ADVISORY
203	203	COMMITTEE. (a) The commission shall establish the Children's
204	204	Behavioral Health Advisory Committee to assist the council in the
205	205	performance of its duties.
206	206	(b) The governor shall appoint to the advisory committee
207	207	representatives from advocacy groups and organizations with
208	208	expertise in behavioral health issues involving children and from
209	209	other family advocates. The governor shall appoint as many members
210	210	to the advisory committee as the council considers necessary to
211	211	assist the council in performing its duties, but not less than the
212	212	number of agency representatives on the council.
213	213	(c) The advisory committee shall elect one member to serve
214	214	as chairperson, and shall meet in accordance with commission rules.
215	215	(d) A member of the advisory committee may not receive
216	216	compensation for serving on the committee, but is entitled to
217	217	reimbursement for travel expenses incurred while conducting the
218	218	business of the committee, as provided by the General
219	219	Appropriations Act.
220	220	(e) The commission shall provide administrative support and
221	221	resources to the advisory committee as necessary to enable the
222	222	committee to perform its duties.
223	223	(f) The committee is not subject to Chapter 2110.
224	224	Sec. 531.427. INTEGRATED FUNDING STRUCTURE FOR CERTAIN
225	225	BEHAVIORAL HEALTH SERVICES. (a) The council shall design an
226	226	integrated cross-agency funding structure for the provision of
227	227	behavioral health services to children.
228	228	(b) In creating the funding structure, the council shall
229	229	consider:
230	230	(1) the use of existing categorical or noncategorical
231	231	federal, state, and local funds;
232	232	(2) the use of blended or braided funding
233	233	arrangements;
234	234	(3) which funds should be included in the funding
235	235	structure and how the funds should be structured; and
236	236	(4) the persons that should control and manage the
237	237	funds, including managed care financing structures.
238	238	(c) The council may hire a consultant to assist with
239	239	designing the funding structure.
240	240	(d) Not later than June 1, 2010, the council shall submit a
241	241	report to the governor and the Legislative Budget Board that:
242	242	(1) describes the funding structure designed by the
243	243	council; and
244	244	(2) identifies the steps necessary to implement the
245	245	structure, including identification of necessary statutory changes
246	246	or federal approvals.
247	247	(e) Subsection (d) and this subsection expire September 1,
248	248	2010.
249	249	Sec. 531.428. HOME AND COMMUNITY SERVICES FOR CHILDREN WITH
250	250	SEVERE EMOTIONAL DISTURBANCES. (a) The commission shall maximize
251	251	funding for home and community-based services for children with
252	252	severe emotional disturbances by providing those services, to the
253	253	greatest extent possible, through a Section 1915(c) waiver program
254	254	or other Medicaid program. Not later than September 1, 2010, the
255	255	commission shall identify each service the commission anticipates
256	256	could be delivered cost-effectively in that manner using existing
257	257	resources and seek federal approval as necessary to permit the
258	258	delivery of services in that manner.
259	259	(b) Notwithstanding any other provision of this section,
260	260	the commission may implement maximization financing strategies at a
261	261	location providing systems of care services.
262	262	SECTION 10. Section 531.421(3), Government Code, is
263	263	repealed.
264	264	SECTION 11. Not later than October 1, 2009, the chief
265	265	administrative officer of each agency listed in Section 531.425(b),
266	266	Government Code, as added by this Act, shall appoint the agency's
267	267	representative to the Children's Behavioral Health Council
268	268	established by that section.
269	269	SECTION 12. (a) Not later than November 1, 2009, the
270	270	governor shall appoint the initial members of the Children's
271	271	Behavioral Health Advisory Committee created by Section 531.426,
272	272	Government Code, as added by this Act.
273	273	(b) In making initial appointments, the governor must
274	274	include the public members serving immediately before the effective
275	275	date of this Act on the Texas Integrated Funding Initiative
276	276	Consortium, as formed under Section 531.251, Government Code, as
277	277	that section existed before amendment by this Act, provided that
278	278	those members wish to continue to serve.
279	279	SECTION 13. The changes in law made by this Act to
280	280	Subchapter G-1, Chapter 531, Government Code, do not affect the
281	281	funding for or provision of services by a community participating
282	282	in the Texas Integrated Funding Initiative under that subchapter
283	283	before the effective date of this Act.
284	284	SECTION 14. This Act takes effect September 1, 2009.