| 1 | 1 | | 84R5796 EES-D |
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| 2 | 2 | | By: Naishtat H.B. No. 1330 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the payment of costs incurred by the involuntary |
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| 8 | 8 | | commitment of persons with mental illness. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 571.018, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsections (h-1) and (h-2) to read as follows: |
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| 12 | 12 | | (h-1) Notwithstanding any other provision of this section, |
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| 13 | 13 | | the state or the county, as appropriate, shall be responsible for |
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| 14 | 14 | | the costs of a hearing or proceeding for a patient committed to an |
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| 15 | 15 | | inpatient mental health facility described by Section |
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| 16 | 16 | | 571.003(9)(B) or (E) if the facility: |
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| 17 | 17 | | (1) provides services to the patient under a contract |
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| 18 | 18 | | with: |
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| 19 | 19 | | (A) the state, an entity that contracts with the |
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| 20 | 20 | | state, or a local mental health authority to provide services in a |
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| 21 | 21 | | local service area; or |
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| 22 | 22 | | (B) the state or a county to provide behavioral |
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| 23 | 23 | | health services to an individual: |
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| 24 | 24 | | (i) whose net family income is at or below |
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| 25 | 25 | | 200 percent of the federal poverty level or who is enrolled in the |
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| 26 | 26 | | Medicaid program; and |
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| 27 | 27 | | (ii) for whom no other third party payor is |
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| 28 | 28 | | available to pay for behavioral health services for the individual; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) files an affidavit with the clerk of the court |
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| 31 | 31 | | conducting the hearing or proceeding certifying that the facility |
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| 32 | 32 | | is or will be providing the services to the patient under a contract |
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| 33 | 33 | | described by Subdivision (1). |
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| 34 | 34 | | (h-2) An inpatient mental health facility described by |
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| 35 | 35 | | Section 571.003(9)(B) or (E) is liable for any costs for a patient |
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| 36 | 36 | | not described by Subsection (h-1) who is committed to the facility, |
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| 37 | 37 | | regardless of whether the patient is indigent. A private mental |
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| 38 | 38 | | hospital is entitled to seek reimbursement for those costs from the |
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| 39 | 39 | | patient. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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| 41 | 41 | | the costs of an emergency detention hearing, a hearing on an |
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| 42 | 42 | | application for court-ordered mental health services, or a hearing |
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| 43 | 43 | | on a motion for an order of protective custody initiated on or after |
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| 44 | 44 | | the effective date of this Act. The costs of an emergency detention |
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| 45 | 45 | | hearing, a hearing on an application for court-ordered mental |
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| 46 | 46 | | health services, or a hearing on a motion for an order of protective |
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| 47 | 47 | | custody initiated before the effective date of this Act are |
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| 48 | 48 | | governed by the law in effect when the hearing was initiated, and |
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| 49 | 49 | | the former law is continued in effect for that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2015. |
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