Texas 2013 - 83rd Regular

Texas House Bill HB205 Compare Versions

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1	1	83R21883 EES-D
2	2	By: McClendon, Kolkhorst, Burkett, H.B. No. 205
3	3	J. Davis of Harris, Rose
4	4	Substitute the following for H.B. No. 205:
5	5	By: Naishtat C.S.H.B. No. 205
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the allocation of outpatient mental health services and
11	11	beds in certain mental health facilities and the commitment of
12	12	certain persons to receive mental health services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 533, Health and Safety
15	15	Code, is amended by adding Sections 533.051, 533.052, and 533.053
16	16	to read as follows:
17	17	Sec. 533.051. ALLOCATION OF OUTPATIENT MENTAL HEALTH
18	18	SERVICES AND BEDS IN STATE HOSPITALS. (a) To ensure the
19	19	appropriate and timely provision of mental health services to
20	20	patients who voluntarily receive those services or who are ordered
21	21	by a court to receive those services in civil or criminal
22	22	proceedings, the department, in conjunction with the commission,
23	23	shall plan for the proper and separate allocation of outpatient or
24	24	community-based mental health services provided by secure and
25	25	nonsecure outpatient facilities that provide residential care
26	26	alternatives and mental health services and for the proper and
27	27	separate allocation of beds in the state hospitals for the
28	28	following two groups of patients:
29	29	(1) patients who are voluntarily receiving outpatient
30	30	or community-based mental health services, voluntarily admitted to
31	31	a state hospital under Chapter 572, admitted to a state hospital for
32	32	emergency detention under Chapter 573, or ordered by a court under
33	33	Chapter 574 to receive inpatient mental health services at a state
34	34	hospital or outpatient mental health services from an outpatient
35	35	facility that provides residential care alternatives and mental
36	36	health services; and
37	37	(2) patients who are ordered to participate in an
38	38	outpatient treatment program to attain competency to stand trial
39	39	under Chapter 46B, Code of Criminal Procedure, or committed to a
40	40	state hospital or other facility to attain competency to stand
41	41	trial under Chapter 46B, Code of Criminal Procedure, or to receive
42	42	inpatient mental health services following an acquittal by reason
43	43	of insanity under Chapter 46C, Code of Criminal Procedure.
44	44	(b) The plan developed by the department under Subsection
45	45	(a) must include:
46	46	(1) a determination of the needs for outpatient mental
47	47	health services of the two groups of patients described by
48	48	Subsection (a);
49	49	(2) a determination of the minimum number of beds that
50	50	the state hospital system must maintain to adequately serve the two
51	51	groups of patients;
52	52	(3) a statewide plan for and the allocation of
53	53	sufficient funds for meeting the outpatient mental health service
54	54	needs of and for the maintenance of beds by the state hospitals for
55	55	the two groups of patients; and
56	56	(4) a process to address and develop, without adverse
57	57	impact to local service areas, the accessibility and availability
58	58	of sufficient outpatient mental health services provided to and
59	59	beds provided by the state hospitals to the two groups of patients
60	60	based on the success of contractual outcomes with mental health
61	61	service providers and facilities under Sections 533.034 and
62	62	533.052.
63	63	(c) To assist in the development of the plan under
64	64	Subsection (a), the department shall establish and meet at least
65	65	monthly with an advisory panel composed of the following persons:
66	66	(1) one representative designated by the Texas
67	67	Department of Criminal Justice;
68	68	(2) one representative designated by the Texas
69	69	Association of Counties;
70	70	(3) two representatives designated by the Texas
71	71	Council of Community Centers, including one representative of an
72	72	urban local service area and one representative of a rural local
73	73	service area;
74	74	(4) two representatives designated by the County
75	75	Judges and Commissioners Association of Texas, including one
76	76	representative who is the presiding judge of a court with
77	77	jurisdiction over mental health matters;
78	78	(5) one representative designated by the Sheriffs'
79	79	Association of Texas;
80	80	(6) two representatives designated by the Texas
81	81	Municipal League, including one representative who is a municipal
82	82	law enforcement official;
83	83	(7) one representative designated by the Texas
84	84	Conference of Urban Counties;
85	85	(8) one representative designated by the Texas
86	86	Catalyst for Empowerment; and
87	87	(9) four representatives designated by the Department
88	88	of State Health Services' Council for Advising and Planning for the
89	89	Prevention and Treatment of Mental and Substance Use Disorders,
90	90	including:
91	91	(A) the chair of the council;
92	92	(B) one representative of the council's members
93	93	who is a consumer of or advocate for mental health services;
94	94	(C) one representative of the council's members
95	95	who is a consumer of or advocate for substance abuse treatment; and
96	96	(D) one representative of the council's members
97	97	who is a family member of or advocate for persons with mental health
98	98	and substance abuse disorders.
99	99	(d) In developing the plan under Subsection (a), the
100	100	department and advisory panel shall consider:
101	101	(1) needs for outpatient mental health services of the
102	102	two groups of patients described by Subsection (a);
103	103	(2) the frequency of use of beds and the historical
104	104	patterns of use of beds in the state hospitals and other facilities
105	105	by the two groups of patients;
106	106	(3) local needs and demands for outpatient mental
107	107	health services by the two groups of patients;
108	108	(4) local needs and demands for beds in the state
109	109	hospitals and other facilities for the two groups of patients;
110	110	(5) the availability of outpatient mental health
111	111	service providers and inpatient mental health facilities that may
112	112	be contracted with to provide outpatient mental health services and
113	113	beds for the two groups of patients;
114	114	(6) the differences between the two groups of patients
115	115	with regard to:
116	116	(A) admission to and discharge from a state
117	117	hospital or outpatient facility;
118	118	(B) rapid stabilization and discharge to the
119	119	community;
120	120	(C) length of stay in a state hospital or
121	121	outpatient facility;
122	122	(D) disputes arising from the determination of a
123	123	patient's length of stay in a state hospital by a health maintenance
124	124	organization or a managed care organization;
125	125	(E) third-party billing; and
126	126	(F) legal challenges or requirements related to
127	127	the examination and treatment of the patients; and
128	128	(7) public input provided to the department or
129	129	advisory panel in a form and at a time and place that is effective
130	130	and appropriate and in a manner that complies with any applicable
131	131	laws, including administrative rules.
132	132	(e) The department shall update the plan biennially.
133	133	(f) Not later than December 31, 2013, the department, in
134	134	conjunction with the advisory panel, shall develop the initial
135	135	version of the plan required by Subsection (a).
136	136	(g) Not later than August 31, 2014, the department shall:
137	137	(1) identify standards and methodologies for the
138	138	implementation of the plan required by Subsection (a); and
139	139	(2) begin implementing the plan.
140	140	(h) Not later than December 1, 2014, the department shall
141	141	submit a report to the legislature and governor that includes the
142	142	initial version of the plan, the status of the plan's
143	143	implementation, and the impact of the plan on the delivery of
144	144	services.
145	145	(i) While the plan required by Subsection (a) is being
146	146	developed and implemented, the department may not, pursuant to any
147	147	rule, contract, or directive, impose a sanction, penalty, or fine
148	148	on a local mental health authority for the authority's
149	149	noncompliance with any methodology or standard adopted or applied
150	150	by the department relating to the allocation of beds by authorities
151	151	for the two groups of patients described by Subsection (a).
152	152	Sec. 533.052. CONTRACTING WITH CERTAIN MENTAL HEALTH
153	153	SERVICE PROVIDERS AND FACILITIES TO PROVIDE SERVICES AND BEDS FOR
154	154	CERTAIN PERSONS. The department shall make every effort, through
155	155	collaboration and contractual arrangements with local mental
156	156	health authorities, to contract with and use a broad base of local
157	157	community outpatient mental health service providers and inpatient
158	158	mental health facilities, as appropriate, to make available a
159	159	sufficient and appropriately located amount of outpatient mental
160	160	health services and a sufficient and appropriately located number
161	161	of beds in inpatient mental health facilities, as specified in the
162	162	plan developed by the department under Section 533.051, to ensure
163	163	the appropriate and timely provision of mental health services to
164	164	the two groups of patients described by Section 533.051(a).
165	165	Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The
166	166	department shall develop and implement a procedure through which a
167	167	court that has the authority to commit a person who is incompetent
168	168	to stand trial or who has been acquitted by reason of insanity under
169	169	Chapters 46B and 46C, Code of Criminal Procedure, is aware of all of
170	170	the commitment options for the person, including jail diversion and
171	171	community-based programs.
172	172	SECTION 2. Not later than May 1, 2014, the executive
173	173	commissioner of the Health and Human Services Commission shall
174	174	adopt any rules necessary to implement Section 533.051, Health and
175	175	Safety Code, as added by this Act, and the rules required by Section
176	176	533.053, Health and Safety Code, as added by this Act.
177	177	SECTION 3. This Act takes effect immediately if it receives
178	178	a vote of two-thirds of all the members elected to each house, as
179	179	provided by Section 39, Article III, Texas Constitution. If this
180	180	Act does not receive the vote necessary for immediate effect, this
181	181	Act takes effect September 1, 2013.