By: White (Senate Sponsor - Watson) H.B. No. 2904
(In the Senate - Received from the House May 5, 2017;
May 10, 2017, read first time and referred to Committee on Health &
Human Services; May 19, 2017, reported favorably by the following
vote: Yeas 8, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the memorandum of understanding among certain agencies
to coordinate services provided to persons needing multiagency
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.055, Government Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsection (f) to
read as follows:
(a) The Health and Human Services Commission, the
Department of Family and Protective Services, the Department of
State Health Services, the Texas Education Agency [Each health and
human services agency], the Texas Correctional Office on Offenders
with Medical or Mental Impairments, the Texas Department of
Criminal Justice, the Texas Department of Housing and Community
Affairs, the Texas Workforce Commission, and the Texas Juvenile
Justice Department shall enter into a joint memorandum of
understanding to promote a system of local-level interagency
staffing groups to identify and coordinate services for persons
needing multiagency services to be provided in the least
restrictive setting appropriate, using residential, institutional,
or congregate care settings only as a last resort. The division
within the Health and Human Services Commission that coordinates
the policy and delivery of mental health services shall oversee the
development and implementation of the joint memorandum of
understanding.
(b) The memorandum must:
(1) clarify the statutory responsibilities of each
agency in relation to persons needing multiagency services,
including subcategories for different services such as:
(A) [prevention,] family preservation and
strengthening;
(B) physical and behavioral health care;
(C) prevention and early intervention services,
including services designed to prevent:
(i) child abuse;
(ii) neglect; or
(iii) delinquency, truancy, or school
dropout;
(D) diversion from juvenile or criminal justice
involvement;
(E) housing;
(F) [,] aging in place;
(G) [,] emergency shelter;
(H) [, diagnosis and evaluation,] residential
care;
(I) [,] after-care;
(J) [,] information and referral;[, medical
care,] and
(K) investigation services;
(2) include a functional definition of "persons
needing multiagency services";
(3) outline membership, officers, and necessary
standing committees of local-level interagency staffing groups;
(4) define procedures aimed at eliminating
duplication of services relating to assessment and diagnosis,
treatment, residential placement and care, and case management of
persons needing multiagency services;
(5) define procedures for addressing disputes between
the agencies that relate to the agencies' areas of service
responsibilities;
(6) provide that each local-level interagency
staffing group includes:
(A) a local representative of each agency;
(B) representatives of local private sector
agencies; and
(C) family members or caregivers of persons
needing multiagency services or other current or previous consumers
of multiagency services acting as general consumer advocates;
(7) provide that the local representative of each
agency has authority to contribute agency resources to solving
problems identified by the local-level interagency staffing group;
(8) provide that if a person's needs exceed the
resources of an agency, the agency may, with the consent of the
person's legal guardian, if applicable, submit a referral on behalf
of the person to the local-level interagency staffing group for
consideration;
(9) provide that a local-level interagency staffing
group may be called together by a representative of any member
agency;
(10) provide that an agency representative may be
excused from attending a meeting if the staffing group determines
that the age or needs of the person to be considered are clearly not
within the agency's service responsibilities, provided that each
agency representative is encouraged to attend all meetings to
contribute to the collective ability of the staffing group to solve
a person's need for multiagency services;
(11) define the relationship between state-level
interagency staffing groups and local-level interagency staffing
groups in a manner that defines, supports, and maintains local
autonomy;
(12) provide that records that are used or developed
by a local-level interagency staffing group or its members that
relate to a particular person are confidential and may not be
released to any other person or agency except as provided by this
section or by other law; and
(13) provide a procedure that permits the agencies to
share confidential information while preserving the confidential
nature of the information.
(e) The agencies shall ensure that a state-level
interagency staffing group provides:
(1) information and guidance to local-level
interagency staffing groups regarding:
(A) the availability of programs and resources in
the community; and
(B) best practices for addressing the needs of
persons with complex needs in the least restrictive setting
appropriate; and
(2) a biennial report to the administrative head of
each agency, the legislature, and the governor that includes:
(A) [(1)] the number of persons served through
the local-level interagency staffing groups and the outcomes of the
services provided;
(B) [(2)] a description of any barriers
identified to the state's ability to provide effective services to
persons needing multiagency services; and
(C) [(3)] any other information relevant to
improving the delivery of services to persons needing multiagency
services.
(f) In this section, "least restrictive setting" means a
service setting for a person that, in comparison to other available
service settings:
(1) is most able to meet the identified needs of the
person;
(2) prioritizes a home and community-based care
setting; and
(3) engages the strengths of the family.
SECTION 2. As soon as practicable after the effective date
of this Act, but not later than December 1, 2017, the Health and
Human Services Commission, the Department of Family and Protective
Services, the Department of State Health Services, the Texas
Education Agency, the Texas Correctional Office on Offenders with
Medical or Mental Impairments, the Texas Department of Criminal
Justice, the Texas Department of Housing and Community Affairs, the
Texas Workforce Commission, and the Texas Juvenile Justice
Department shall update the joint memorandum of understanding
required under Section 531.055, Government Code, as amended by this
Act.
SECTION 3. This Act takes effect September 1, 2017.
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