83R10582 AED-F By: McClendon H.B. No. 2401 A BILL TO BE ENTITLED AN ACT relating to the provision of community-based services to individuals who have or may have mental illness. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 534.053, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) The department shall ensure that, at a minimum, the following services are available in each service area: (1) 24-hour emergency screening and rapid crisis stabilization services; (2) community-based crisis residential services or hospitalization; (3) community-based assessments, including the development of interdisciplinary treatment plans and diagnosis and evaluation services; (4) family support services, including respite care; (5) case management services; (6) medication-related services, including medication clinics, laboratory monitoring, medication education, mental health maintenance education, and the provision of medication; [and] (7) psychosocial rehabilitation programs, including social support activities, independent living skills, and vocational training; and (8) community-based alternatives to inpatient hospitalization. (d) The department shall ensure the availability of services designed to reduce a patient's acute symptoms of mental illness and any other services necessary to prevent a patient's admission to an inpatient mental health facility, as defined by Section 571.003. The available services must include: (1) crisis stabilization services; (2) short-term residential treatment; and (3) medical and nursing services. SECTION 2. Subchapter B, Chapter 534, Health and Safety Code, is amended by adding Section 534.0531 to read as follows: Sec. 534.0531. FUNDING FOR COMMUNITY-BASED SERVICES. The department shall provide funding for the cost of ensuring the availability of community-based alternatives to inpatient hospitalization to the extent those costs are not paid from the delivery system reform incentive payments received under the Texas Health Care Transformation and Quality Improvement Program 1115 waiver. SECTION 3. Section 534.054, Health and Safety Code, is amended by adding Subsection (b) to read as follows: (b) The department shall contract with a local mental health authority to provide programs to provide community-based alternatives to inpatient hospitalization. Notwithstanding Section 533.0358 and subject to Subsection (c), the contract must require the local mental health authority to operate the programs to provide those alternatives. SECTION 4. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 5. This Act takes effect September 1, 2013.