Texas 2017 - 85th Regular

Texas House Bill HB2904 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: White (Senate Sponsor - Watson) H.B. No. 2904
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 10, 2017, read first time and referred to Committee on Health &
4		-	Human Services; May 19, 2017, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2904
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the memorandum of understanding among certain agencies
12	6		to coordinate services provided to persons needing multiagency
13	7		services.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 531.055, Government Code, is amended by
16	10		amending Subsections (a), (b), and (e) and adding Subsection (f) to
17	11		read as follows:
18	12		(a) The Health and Human Services Commission, the
19	13		Department of Family and Protective Services, the Department of
20	14		State Health Services, the Texas Education Agency [Each health and
21	15		human services agency], the Texas Correctional Office on Offenders
22	16		with Medical or Mental Impairments, the Texas Department of
23	17		Criminal Justice, the Texas Department of Housing and Community
24	18		Affairs, the Texas Workforce Commission, and the Texas Juvenile
25	19		Justice Department shall enter into a joint memorandum of
26	20		understanding to promote a system of local-level interagency
27	21		staffing groups to identify and coordinate services for persons
28	22		needing multiagency services to be provided in the least
29	23		restrictive setting appropriate, using residential, institutional,
30	24		or congregate care settings only as a last resort. The division
31	25		within the Health and Human Services Commission that coordinates
32	26		the policy and delivery of mental health services shall oversee the
33	27		development and implementation of the joint memorandum of
34	28		understanding.
35	29		(b) The memorandum must:
36	30		(1) clarify the statutory responsibilities of each
37	31		agency in relation to persons needing multiagency services,
38	32		including subcategories for different services such as:
39	33		(A) [prevention,] family preservation and
40	34		strengthening;
41	35		(B) physical and behavioral health care;
42	36		(C) prevention and early intervention services,
43	37		including services designed to prevent:
44	38		(i) child abuse;
45	39		(ii) neglect; or
46	40		(iii) delinquency, truancy, or school
47	41		dropout;
48	42		(D) diversion from juvenile or criminal justice
49	43		involvement;
50	44		(E) housing;
51	45		(F) [,] aging in place;
52	46		(G) [,] emergency shelter;
53	47		(H) [, diagnosis and evaluation,] residential
54	48		care;
55	49		(I) [,] after-care;
56	50		(J) [,] information and referral;[, medical
57	51		care,] and
58	52		(K) investigation services;
59	53		(2) include a functional definition of "persons
60	54		needing multiagency services";
61	55		(3) outline membership, officers, and necessary
62	56		standing committees of local-level interagency staffing groups;
63	57		(4) define procedures aimed at eliminating
64	58		duplication of services relating to assessment and diagnosis,
65	59		treatment, residential placement and care, and case management of
66	60		persons needing multiagency services;
67	61		(5) define procedures for addressing disputes between
68	62		the agencies that relate to the agencies' areas of service
69	63		responsibilities;
70	64		(6) provide that each local-level interagency
71	65		staffing group includes:
72	66		(A) a local representative of each agency;
73	67		(B) representatives of local private sector
74	68		agencies; and
75	69		(C) family members or caregivers of persons
76	70		needing multiagency services or other current or previous consumers
77	71		of multiagency services acting as general consumer advocates;
78	72		(7) provide that the local representative of each
79	73		agency has authority to contribute agency resources to solving
80	74		problems identified by the local-level interagency staffing group;
81	75		(8) provide that if a person's needs exceed the
82	76		resources of an agency, the agency may, with the consent of the
83	77		person's legal guardian, if applicable, submit a referral on behalf
84	78		of the person to the local-level interagency staffing group for
85	79		consideration;
86	80		(9) provide that a local-level interagency staffing
87	81		group may be called together by a representative of any member
88	82		agency;
89	83		(10) provide that an agency representative may be
90	84		excused from attending a meeting if the staffing group determines
91	85		that the age or needs of the person to be considered are clearly not
92	86		within the agency's service responsibilities, provided that each
93	87		agency representative is encouraged to attend all meetings to
94	88		contribute to the collective ability of the staffing group to solve
95	89		a person's need for multiagency services;
96	90		(11) define the relationship between state-level
97	91		interagency staffing groups and local-level interagency staffing
98	92		groups in a manner that defines, supports, and maintains local
99	93		autonomy;
100	94		(12) provide that records that are used or developed
101	95		by a local-level interagency staffing group or its members that
102	96		relate to a particular person are confidential and may not be
103	97		released to any other person or agency except as provided by this
104	98		section or by other law; and
105	99		(13) provide a procedure that permits the agencies to
106	100		share confidential information while preserving the confidential
107	101		nature of the information.
108	102		(e) The agencies shall ensure that a state-level
109	103		interagency staffing group provides:
110	104		(1) information and guidance to local-level
111	105		interagency staffing groups regarding:
112	106		(A) the availability of programs and resources in
113	107		the community; and
114	108		(B) best practices for addressing the needs of
115	109		persons with complex needs in the least restrictive setting
116	110		appropriate; and
117	111		(2) a biennial report to the administrative head of
118	112		each agency, the legislature, and the governor that includes:
119	113		(A) [(1)] the number of persons served through
120	114		the local-level interagency staffing groups and the outcomes of the
121	115		services provided;
122	116		(B) [(2)] a description of any barriers
123	117		identified to the state's ability to provide effective services to
124	118		persons needing multiagency services; and
125	119		(C) [(3)] any other information relevant to
126	120		improving the delivery of services to persons needing multiagency
127	121		services.
128	122		(f) In this section, "least restrictive setting" means a
129	123		service setting for a person that, in comparison to other available
130	124		service settings:
131	125		(1) is most able to meet the identified needs of the
132	126		person;
133	127		(2) prioritizes a home and community-based care
134	128		setting; and
135	129		(3) engages the strengths of the family.
136	130		SECTION 2. As soon as practicable after the effective date
137	131		of this Act, but not later than December 1, 2017, the Health and
138	132		Human Services Commission, the Department of Family and Protective
139	133		Services, the Department of State Health Services, the Texas
140	134		Education Agency, the Texas Correctional Office on Offenders with
141	135		Medical or Mental Impairments, the Texas Department of Criminal
142	136		Justice, the Texas Department of Housing and Community Affairs, the
143	137		Texas Workforce Commission, and the Texas Juvenile Justice
144	138		Department shall update the joint memorandum of understanding
145	139		required under Section 531.055, Government Code, as amended by this
146	140		Act.
147	141		SECTION 3. This Act takes effect September 1, 2017.
148		-	* * * * *
	142	+	______________________________ ______________________________
	143	+	President of the Senate Speaker of the House
	144	+	I certify that H.B. No. 2904 was passed by the House on May 4,
	145	+	2017, by the following vote: Yeas 140, Nays 3, 2 present, not
	146	+	voting.
	147	+	______________________________
	148	+	Chief Clerk of the House
	149	+	I certify that H.B. No. 2904 was passed by the Senate on May
	150	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	151	+	______________________________
	152	+	Secretary of the Senate
	153	+	APPROVED: _____________________
	154	+	Date
	155	+	_____________________
	156	+	Governor