83R21883 EES-D
By: McClendon, Kolkhorst, Burkett, H.B. No. 205
J. Davis of Harris, Rose
Substitute the following for H.B. No. 205:
By: Naishtat C.S.H.B. No. 205
A BILL TO BE ENTITLED
AN ACT
relating to the allocation of outpatient mental health services and
beds in certain mental health facilities and the commitment of
certain persons to receive mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Sections 533.051, 533.052, and 533.053
to read as follows:
Sec. 533.051. ALLOCATION OF OUTPATIENT MENTAL HEALTH
SERVICES AND BEDS IN STATE HOSPITALS. (a) To ensure the
appropriate and timely provision of mental health services to
patients who voluntarily receive those services or who are ordered
by a court to receive those services in civil or criminal
proceedings, the department, in conjunction with the commission,
shall plan for the proper and separate allocation of outpatient or
community-based mental health services provided by secure and
nonsecure outpatient facilities that provide residential care
alternatives and mental health services and for the proper and
separate allocation of beds in the state hospitals for the
following two groups of patients:
(1) patients who are voluntarily receiving outpatient
or community-based mental health services, voluntarily admitted to
a state hospital under Chapter 572, admitted to a state hospital for
emergency detention under Chapter 573, or ordered by a court under
Chapter 574 to receive inpatient mental health services at a state
hospital or outpatient mental health services from an outpatient
facility that provides residential care alternatives and mental
health services; and
(2) patients who are ordered to participate in an
outpatient treatment program to attain competency to stand trial
under Chapter 46B, Code of Criminal Procedure, or committed to a
state hospital or other facility to attain competency to stand
trial under Chapter 46B, Code of Criminal Procedure, or to receive
inpatient mental health services following an acquittal by reason
of insanity under Chapter 46C, Code of Criminal Procedure.
(b) The plan developed by the department under Subsection
(a) must include:
(1) a determination of the needs for outpatient mental
health services of the two groups of patients described by
Subsection (a);
(2) a determination of the minimum number of beds that
the state hospital system must maintain to adequately serve the two
groups of patients;
(3) a statewide plan for and the allocation of
sufficient funds for meeting the outpatient mental health service
needs of and for the maintenance of beds by the state hospitals for
the two groups of patients; and
(4) a process to address and develop, without adverse
impact to local service areas, the accessibility and availability
of sufficient outpatient mental health services provided to and
beds provided by the state hospitals to the two groups of patients
based on the success of contractual outcomes with mental health
service providers and facilities under Sections 533.034 and
533.052.
(c) To assist in the development of the plan under
Subsection (a), the department shall establish and meet at least
monthly with an advisory panel composed of the following persons:
(1) one representative designated by the Texas
Department of Criminal Justice;
(2) one representative designated by the Texas
Association of Counties;
(3) two representatives designated by the Texas
Council of Community Centers, including one representative of an
urban local service area and one representative of a rural local
service area;
(4) two representatives designated by the County
Judges and Commissioners Association of Texas, including one
representative who is the presiding judge of a court with
jurisdiction over mental health matters;
(5) one representative designated by the Sheriffs'
Association of Texas;
(6) two representatives designated by the Texas
Municipal League, including one representative who is a municipal
law enforcement official;
(7) one representative designated by the Texas
Conference of Urban Counties;
(8) one representative designated by the Texas
Catalyst for Empowerment; and
(9) four representatives designated by the Department
of State Health Services' Council for Advising and Planning for the
Prevention and Treatment of Mental and Substance Use Disorders,
including:
(A) the chair of the council;
(B) one representative of the council's members
who is a consumer of or advocate for mental health services;
(C) one representative of the council's members
who is a consumer of or advocate for substance abuse treatment; and
(D) one representative of the council's members
who is a family member of or advocate for persons with mental health
and substance abuse disorders.
(d) In developing the plan under Subsection (a), the
department and advisory panel shall consider:
(1) needs for outpatient mental health services of the
two groups of patients described by Subsection (a);
(2) the frequency of use of beds and the historical
patterns of use of beds in the state hospitals and other facilities
by the two groups of patients;
(3) local needs and demands for outpatient mental
health services by the two groups of patients;
(4) local needs and demands for beds in the state
hospitals and other facilities for the two groups of patients;
(5) the availability of outpatient mental health
service providers and inpatient mental health facilities that may
be contracted with to provide outpatient mental health services and
beds for the two groups of patients;
(6) the differences between the two groups of patients
with regard to:
(A) admission to and discharge from a state
hospital or outpatient facility;
(B) rapid stabilization and discharge to the
community;
(C) length of stay in a state hospital or
outpatient facility;
(D) disputes arising from the determination of a
patient's length of stay in a state hospital by a health maintenance
organization or a managed care organization;
(E) third-party billing; and
(F) legal challenges or requirements related to
the examination and treatment of the patients; and
(7) public input provided to the department or
advisory panel in a form and at a time and place that is effective
and appropriate and in a manner that complies with any applicable
laws, including administrative rules.
(e) The department shall update the plan biennially.
(f) Not later than December 31, 2013, the department, in
conjunction with the advisory panel, shall develop the initial
version of the plan required by Subsection (a).
(g) Not later than August 31, 2014, the department shall:
(1) identify standards and methodologies for the
implementation of the plan required by Subsection (a); and
(2) begin implementing the plan.
(h) Not later than December 1, 2014, the department shall
submit a report to the legislature and governor that includes the
initial version of the plan, the status of the plan's
implementation, and the impact of the plan on the delivery of
services.
(i) While the plan required by Subsection (a) is being
developed and implemented, the department may not, pursuant to any
rule, contract, or directive, impose a sanction, penalty, or fine
on a local mental health authority for the authority's
noncompliance with any methodology or standard adopted or applied
by the department relating to the allocation of beds by authorities
for the two groups of patients described by Subsection (a).
Sec. 533.052. CONTRACTING WITH CERTAIN MENTAL HEALTH
SERVICE PROVIDERS AND FACILITIES TO PROVIDE SERVICES AND BEDS FOR
CERTAIN PERSONS. The department shall make every effort, through
collaboration and contractual arrangements with local mental
health authorities, to contract with and use a broad base of local
community outpatient mental health service providers and inpatient
mental health facilities, as appropriate, to make available a
sufficient and appropriately located amount of outpatient mental
health services and a sufficient and appropriately located number
of beds in inpatient mental health facilities, as specified in the
plan developed by the department under Section 533.051, to ensure
the appropriate and timely provision of mental health services to
the two groups of patients described by Section 533.051(a).
Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The
department shall develop and implement a procedure through which a
court that has the authority to commit a person who is incompetent
to stand trial or who has been acquitted by reason of insanity under
Chapters 46B and 46C, Code of Criminal Procedure, is aware of all of
the commitment options for the person, including jail diversion and
community-based programs.
SECTION 2. Not later than May 1, 2014, the executive
commissioner of the Health and Human Services Commission shall
adopt any rules necessary to implement Section 533.051, Health and
Safety Code, as added by this Act, and the rules required by Section
533.053, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.