| 1 | 1 | | By: Johnson of Harris H.B. No. 309 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the establishment of a home and community-based |
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| 7 | 7 | | services program under Medicaid for certain persons with severe and |
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| 8 | 8 | | persistent 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. Subchapter B, Chapter 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.0216 to read as follows: |
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| 12 | 12 | | Sec. 32.0216. HOME AND COMMUNITY-BASED SERVICES PROGRAM. |
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| 13 | 13 | | (a) The commission, in conjunction with the Department of State |
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| 14 | 14 | | Health Services, shall establish a home and community-based |
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| 15 | 15 | | services program as part of the medical assistance program for |
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| 16 | 16 | | persons with severe and persistent mental illness who are at the |
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| 17 | 17 | | greatest risk of institutionalization, including the following |
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| 18 | 18 | | persons: |
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| 19 | 19 | | (1) persons who have been found incompetent to stand |
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| 20 | 20 | | trial under Chapter 46B, Code of Criminal Procedure, and who are |
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| 21 | 21 | | transitioning from receiving inpatient mental health services to |
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| 22 | 22 | | outpatient mental health services; |
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| 23 | 23 | | (2) persons who have been ordered to receive |
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| 24 | 24 | | outpatient mental health services following an acquittal by reason |
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| 25 | 25 | | of insanity under Chapter 46C, Code of Criminal Procedure; |
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| 26 | 26 | | (3) persons who have been ordered by a court to receive |
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| 27 | 27 | | inpatient mental health services under Chapter 574, Health and |
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| 28 | 28 | | Safety Code, three or more times in a two-year period; |
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| 29 | 29 | | (4) persons with severe and persistent mental illness |
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| 30 | 30 | | who have been confined in a county jail and charged with an offense |
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| 31 | 31 | | three or more times in a two-year period; and |
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| 32 | 32 | | (5) children and adults who are experiencing a first |
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| 33 | 33 | | episode of psychosis. |
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| 34 | 34 | | (b) The Department of State Health Services, in operating |
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| 35 | 35 | | the program, may provide or coordinate with other entities for the |
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| 36 | 36 | | provision of housing, employment, family, peer counseling, and |
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| 37 | 37 | | education supports to persons participating in the program. |
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| 38 | 38 | | (c) The executive commissioner by rule shall develop |
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| 39 | 39 | | needs-based criteria to determine a person's eligibility for the |
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| 40 | 40 | | program. In adopting the rules, the executive commissioner shall |
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| 41 | 41 | | consider the funds available for the program. The executive |
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| 42 | 42 | | commissioner shall adopt any other rules necessary to implement the |
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| 43 | 43 | | program established under this section, including rules that define |
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| 44 | 44 | | what constitutes a severe and persistent mental illness for |
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| 45 | 45 | | purposes of this section. |
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| 46 | 46 | | SECTION 2. As soon as practicable after the effective date |
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| 47 | 47 | | of this Act, the Health and Human Services Commission shall |
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| 48 | 48 | | collaborate with the Department of State Health Services to develop |
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| 49 | 49 | | and seek approval of an amendment to the state Medicaid plan under |
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| 50 | 50 | | Section 1915(i), Social Security Act (42 U.S.C. Section 1396n(i)), |
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| 51 | 51 | | to receive federal funding under the Medicaid program for the |
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| 52 | 52 | | program established under Section 32.0216, Human Resources Code, as |
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| 53 | 53 | | added by this Act. |
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| 54 | 54 | | SECTION 3. If before implementing any provision of this Act |
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| 55 | 55 | | a state agency determines that a waiver or authorization from a |
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| 56 | 56 | | federal agency is necessary for implementation of that provision, |
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| 57 | 57 | | the agency affected by the provision shall request the waiver or |
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| 58 | 58 | | authorization and may delay implementing that provision until the |
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| 59 | 59 | | waiver or authorization is granted. |
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| 60 | 60 | | SECTION 4. This Act takes effect September 1, 2017. |
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