84R25398 EES-F
By: Turner of Harris H.B. No. 1393
Substitute the following for H.B. No. 1393:
By: Raymond C.S.H.B. No. 1393
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a home and community-based
services program under Medicaid for certain persons with severe and
persistent mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0216 to read as follows:
Sec. 32.0216. HOME AND COMMUNITY-BASED SERVICES PROGRAM.
(a) The commission, in conjunction with the Department of State
Health Services, shall establish a home and community-based
services program as part of the medical assistance program for
persons with severe and persistent mental illness who are at the
greatest risk of institutionalization, including the following
persons:
(1) persons who have been found incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure, and who are
transitioning from receiving inpatient mental health services to
outpatient mental health services;
(2) persons who have been ordered to receive
outpatient mental health services following an acquittal by reason
of insanity under Chapter 46C, Code of Criminal Procedure;
(3) persons who have been ordered by a court to receive
inpatient mental health services under Chapter 574, Health and
Safety Code, three or more times in a two-year period;
(4) persons with severe and persistent mental illness
who have been confined in a county jail and charged with an offense
three or more times in a two-year period; and
(5) children and adults who are experiencing a first
episode of psychosis.
(b) The Department of State Health Services, in operating
the program, may provide or coordinate with other entities for the
provision of housing, employment, family, peer counseling, and
education supports to persons participating in the program.
(c) The executive commissioner by rule shall develop
needs-based criteria to determine a person's eligibility for the
program. In adopting the rules, the executive commissioner shall
consider the funds available for the program. The executive
commissioner shall adopt any other rules necessary to implement the
program established under this section, including rules that define
what constitutes a severe and persistent mental illness for
purposes of this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission shall
collaborate with the Department of State Health Services to develop
and seek approval of an amendment to the state Medicaid plan under
Section 1915(i), Social Security Act (42 U.S.C. Section 1396n(i)),
to receive federal funding under the Medicaid program for the
program established under Section 32.0216, Human Resources Code, as
added by this Act.
SECTION 3. 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 4. This Act takes effect September 1, 2015.