81R1688 UM-D
By: Van de Putte S.B. No. 1197
A BILL TO BE ENTITLED
AN ACT
relating to establishing a local behavioral health intervention
pilot project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Department of State Health Services
shall establish a local behavioral health intervention pilot
project for children in Bexar County.
(b) In implementing the pilot project, the department shall
require a local mental health authority serving Bexar County to:
(1) enter into a memorandum of understanding or other
agreement with state and local agencies that work directly with
children, including the Department of State Health Services, the
Department of Family and Protective Services, the Texas Youth
Commission, and the Texas Education Agency, to:
(A) permit collaboration in the provision of
uniform early intervention behavioral health services to children;
(B) identify children, with written consent from
parents or guardians, who are at risk of placement in an alternative
setting for behavior management, in accordance with behavioral
standards established by the Texas Education Agency and local
school district policy, or intervention by the juvenile justice or
child protective services systems; and
(C) with written consent from parents or
guardians, divert children identified under Paragraph (B) to a
system of care services to reduce gaps or inefficiencies in the
provision of care;
(2) develop, in collaboration with the state and local
agencies, a best practices plan regarding:
(A) informed consent and confidentiality
practices;
(B) uniform behavioral health screening for
children;
(C) uniform referral processes between systems
and agencies related to behavioral health services;
(D) the delivery of early intervention and
treatment services; and
(E) an information exchange process between
agencies to facilitate faster identification and assessment of
behavioral health problems and integrate service delivery;
(3) identify outcome measures that may be used to
measure the efficiency of coordination; and
(4) ensure that an extensive listing of providers is
available for children and their families, including information
regarding the services offered and the behavioral health issues
addressed by the provider.
(c) In order to facilitate the pilot project and identify
children in accordance with Subsection (b)(1)(B), a local mental
health authority serving Bexar County, the Department of State
Health Services, the Department of Family and Protective Services,
the Texas Youth Commission, the Texas Education Agency, and local
school districts may, with the consent of the child's parents or
guardians:
(1) disclose information relating to a child,
including information concerning the child's identity, needs,
treatment, social, criminal, and educational history, probation or
supervision status and compliance with the conditions of the
child's probation or supervision, and medical or mental health
history, if the disclosure serves a purpose of the pilot project;
(2) accept information relating to a child that serves
a purpose of the pilot project, regardless of whether other state
law makes that information confidential; and
(3) before sharing information under this section,
enter into a memorandum of understanding with another local or
state governmental entity to specify:
(A) the types of information that may be
exchanged among agencies under this section without violating any
applicable provisions of federal law, including any federal funding
requirements; and
(B) the protocols for information sharing,
including methods for ensuring the continued protection of
confidential information by the recipient of the information.
(d) This section does not affect the confidential status of
the information being shared.
(e) The department may use funds for crisis prevention
programs in collaboration with funds from local authorities,
including school districts and criminal justice agencies, to
implement the pilot project.
(f) Not later than December 1, 2010, the local mental health
authority involved in the pilot project shall submit a report to the
department regarding the local behavioral health intervention
pilot project, including:
(1) a comprehensive analysis of the efficacy of the
project; and
(2) the local authority's findings and
recommendations.
(g) This section expires September 1, 2011.
SECTION 2. This Act takes effect September 1, 2009.