Texas 2013 - 83rd Regular

Texas House Bill HB2401 Compare Versions

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11 83R26941 AED-F
22 By: McClendon, Rose, Naishtat, et al. H.B. No. 2401
33 Substitute the following for H.B. No. 2401:
44 By: Naishtat C.S.H.B. No. 2401
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the provision of community-based services to
1010 individuals who have or may have mental illness.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 534.053, Health and Safety Code, is
1313 amended by amending Subsection (a) and adding Subsection (d) to
1414 read as follows:
1515 (a) The department shall ensure that, at a minimum, the
1616 following services are available in each service area:
1717 (1) 24-hour emergency screening and rapid crisis
1818 stabilization services;
1919 (2) community-based crisis residential services or
2020 hospitalization;
2121 (3) community-based assessments, including the
2222 development of interdisciplinary treatment plans and diagnosis and
2323 evaluation services;
2424 (4) family support services, including respite care;
2525 (5) case management services;
2626 (6) medication-related services, including medication
2727 clinics, laboratory monitoring, medication education, mental
2828 health maintenance education, and the provision of medication;
2929 [and]
3030 (7) psychosocial rehabilitation programs, including
3131 social support activities, independent living skills, and
3232 vocational training; and
3333 (8) community-based alternatives to inpatient
3434 hospitalization.
3535 (d) Notwithstanding any other law, the department shall
3636 ensure the availability of appropriate and timely services designed
3737 to meet acute mental health placement needs of patients in order to
3838 reduce a patient's acute symptoms of mental illness and to prevent a
3939 patient's admission to an inpatient mental health facility, as
4040 defined by Section 571.003. The available services must include at
4141 least one of the following:
4242 (1) crisis stabilization services;
4343 (2) short-term residential treatment, respite care,
4444 or extended observation services; and
4545 (3) medical and nursing services to address the
4646 patient's mental health condition or presenting symptoms.
4747 SECTION 2. Subchapter B, Chapter 534, Health and Safety
4848 Code, is amended by adding Section 534.0531 to read as follows:
4949 Sec. 534.0531. FUNDING FOR COMMUNITY-BASED SERVICES. The
5050 department shall provide funding for the cost of ensuring the
5151 availability in each service area of community-based alternatives
5252 to inpatient hospitalization to the extent those costs are not paid
5353 from the delivery system reform incentive payments received under
5454 the Texas Health Care Transformation and Quality Improvement
5555 Program 1115 waiver.
5656 SECTION 3. Section 534.054, Health and Safety Code, is
5757 amended by adding Subsection (b) to read as follows:
5858 (b) The department shall contract with a local mental health
5959 authority to provide programs designed to make community-based
6060 alternatives accessible and available in order to avert or mitigate
6161 the need for inpatient hospitalization.
6262 SECTION 4. If before implementing any provision of this Act
6363 a state agency determines that a waiver or authorization from a
6464 federal agency is necessary for implementation of that provision,
6565 the agency affected by the provision shall request the waiver or
6666 authorization and may delay implementing that provision until the
6767 waiver or authorization is granted.
6868 SECTION 5. This Act takes effect September 1, 2013.