83R26941 AED-F
By: McClendon, Rose, Naishtat, et al. H.B. No. 2401
Substitute the following for H.B. No. 2401:
By: Naishtat C.S.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) Notwithstanding any other law, the department shall
ensure the availability of appropriate and timely services designed
to meet acute mental health placement needs of patients in order to
reduce a patient's acute symptoms of mental illness and to prevent a
patient's admission to an inpatient mental health facility, as
defined by Section 571.003. The available services must include at
least one of the following:
(1) crisis stabilization services;
(2) short-term residential treatment, respite care,
or extended observation services; and
(3) medical and nursing services to address the
patient's mental health condition or presenting symptoms.
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 in each service area 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 designed to make community-based
alternatives accessible and available in order to avert or mitigate
the need for inpatient hospitalization.
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.