By: Nelson, et al. S.B. No. 10
(In the Senate - Filed February 5, 2019; February 7, 2019,
read first time and referred to Committee on Health & Human
Services; February 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
February 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 10 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Mental Health Care
Consortium.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 113.0001. DEFINITIONS. In this chapter:
(1) "Community mental health provider" means an entity
that provides mental health care services at a local level. The
term includes community centers established under Subchapter A,
Chapter 534.
(2) "Consortium" means the Texas Mental Health Care
Consortium.
(3) "Executive committee" means the executive
committee of the consortium.
SUBCHAPTER B. CONSORTIUM
Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Mental
Health Care Consortium is established to:
(1) leverage the expertise and capacity in the
health-related institutions of higher education listed in Section
113.0052 to address urgent mental health challenges and improve the
mental health care system in this state;
(2) enhance the state's ability to address mental
health care needs through stronger collaboration and institutional
alignment of the health-related institutions of higher education
listed in Section 113.0052;
(3) improve the effectiveness and efficiency of mental
health care services delivered in this state;
(4) facilitate access to mental health care services
through telemedicine, telehealth, and other cost-effective,
evidence-based programs;
(5) improve mental health and substance use disorder
research efforts conducted by health-related institutions of
higher education; and
(6) improve and expand the psychiatric workforce
through training and development opportunities between the
health-related institutions of higher education listed in Section
113.0052 and community mental health providers.
Sec. 113.0052. COMPOSITION. The consortium is composed of:
(1) the following health-related institutions of
higher education:
(A) Baylor College of Medicine;
(B) The Texas A&M University System Health
Science Center;
(C) Texas Tech University Health Sciences
Center;
(D) Texas Tech University Health Sciences Center
at El Paso;
(E) University of North Texas Health Science
Center at Fort Worth;
(F) Dell Medical School at The University of
Texas at Austin;
(G) The University of Texas Medical Branch at
Galveston;
(H) The University of Texas Health Science Center
at Houston;
(I) The University of Texas Health Science Center
at San Antonio;
(J) The University of Texas Rio Grande Valley
School of Medicine;
(K) The University of Texas Health Science Center
at Tyler; and
(L) The University of Texas Southwestern Medical
Center;
(2) the commission;
(3) three nonprofit organizations that focus on mental
health care, designated by a majority of the members described by
Subdivision (1); and
(4) any other entity that the executive committee
considers necessary.
Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. (a) The
consortium is administratively attached to the Texas Higher
Education Coordinating Board for the purpose of receiving and
administering appropriations and other funds under this chapter.
The board is not responsible for providing to the consortium staff
human resources, contract monitoring, purchasing, or any other
administrative support services.
(b) The Texas Higher Education Coordinating Board may not
use funds intended to carry out the purposes of this chapter for any
costs incurred by the board under this chapter.
SUBCHAPTER C. EXECUTIVE COMMITTEE
Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. The
consortium is governed by an executive committee composed of the
following members:
(1) the chair of the academic department of psychiatry
of each of the health-related institutions of higher education
listed in Section 113.0052;
(2) a representative of the commission with expertise
in the delivery of mental health care services, appointed by the
executive commissioner;
(3) a representative of the commission with expertise
in mental health facilities, appointed by the executive
commissioner;
(4) a representative of an organization that
represents the interests of community centers established under
Subchapter A, Chapter 534, designated by a majority of the members
described by Subdivision (1);
(5) a representative of each nonprofit organization
described by Section 113.0052 that is part of the consortium,
designated by a majority of the members described by Subdivision
(1); and
(6) any other representative designated by a majority
of the members described by Subdivision (1) at the request of the
executive committee.
Sec. 113.0102. PRESIDING OFFICER. The executive committee
shall elect a presiding officer from among the membership of the
executive committee.
Sec. 113.0103. MEETINGS. The executive committee shall
meet at the call of the presiding officer.
Sec. 113.0104. VACANCY. A vacancy on the executive
committee shall be filled in the same manner as the original
appointment.
Sec. 113.0105. GIFTS, GRANTS, AND DONATIONS. The executive
committee may accept on behalf of the consortium gifts, grants, or
donations from any public or private source for the purpose of
carrying out this chapter.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 113.0151. GENERAL DUTIES. (a) The executive
committee shall:
(1) coordinate the provision of funding to the
health-related institutions of higher education listed in Section
113.0052 to carry out the purposes of this chapter;
(2) establish procedures and policies for the
administration of funds under this chapter;
(3) monitor funding and agreements entered into under
this chapter to ensure recipients of funding comply with the terms
and conditions of the funding and agreements; and
(4) establish procedures to document compliance by
executive committee members and staff with applicable laws
governing conflicts of interest.
(b) In carrying out the duties under Subsection (a), the
consortium shall ensure that evidence-based tools, including
telemedicine and telehealth, are used to help expand the delivery
of mental health care services.
(c) The consortium shall designate a member of the executive
committee to represent the consortium on the statewide behavioral
health coordinating council.
Sec. 113.0152. ACCESS TO CARE; CHILD PSYCHIATRY ACCESS
NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The
consortium shall establish a statewide network of comprehensive
child psychiatry access centers at the health-related institutions
of higher education listed in Section 113.0052. A center
established under this section shall collaborate with community
mental health providers to better care for children and youth with
behavioral health needs by providing consultation services and
training opportunities for pediatricians and primary care
providers operating in the center's geographic region.
(b) The consortium shall establish or expand telemedicine
or telehealth programs at health-related institutions of higher
education listed in Section 113.0052 for identifying and assessing
behavioral health needs and providing access to mental health care
services. The consortium shall develop a statewide plan to
implement this subsection that makes the behavioral health needs of
at-risk children and adolescents a priority.
(c) A health-related institution of higher education listed
in Section 113.0052 may enter into a memorandum of understanding
with a community mental health provider to carry out Subsection (a)
or (b).
(d) The consortium shall leverage the resources of a
hospital system to carry out Subsection (a) or (b) if the hospital
system:
(1) provides consultation services and training
opportunities for pediatricians and primary care providers that are
consistent with those described by Subsection (a); and
(2) has an existing telemedicine or telehealth program
for identifying and assessing the behavioral health needs of and
providing access to mental health care services for children and
adolescents.
Sec. 113.0153. MENTAL HEALTH RESEARCH PLAN. (a) The
consortium shall:
(1) develop and implement a mental health research
plan to advance the research component of the statewide behavioral
health strategic plan;
(2) create an aggregated inventory of mental health
and substance use disorder research completed by institutions of
higher education in this state; and
(3) coordinate mental health and substance use
disorder research efforts by the health-related institutions of
higher education listed in Section 113.0052 to ensure those
institutions engage in effective and targeted research to leverage
additional funding.
(b) The executive committee shall establish a process for
the selection of research projects to fund under this section. The
process must evaluate research projects based on their alignment
with the statewide behavioral health strategic plan and
multi-institutional collaboration among the health-related
institutions of higher education listed in Section 113.0052.
Sec. 113.0154. PSYCHIATRY WORKFORCE EXPANSION PROJECT.
(a) The consortium shall enhance collaboration between the
health-related institutions of higher education listed in Section
113.0052 and community mental health providers to increase
psychiatric residency training and improve the quality of care for
persons receiving mental health care services in this state.
(b) The executive committee may provide funding to the
academic department of psychiatry at a health-related institution
of higher education listed in Section 113.0052 for the purpose of
funding:
(1) one full-time psychiatrist who treats adults or
one full-time psychiatrist who treats children and adolescents to
serve as academic medical director for a community mental health
provider; and
(2) two resident rotation positions.
(c) An academic medical director described by Subsection
(b) shall collaborate and coordinate with community mental health
providers to expand the amount and availability of mental health
care resources by:
(1) developing training opportunities for residents
and medical students; and
(2) promoting the use of telemedicine, telehealth, or
other evidence-based tools to provide comprehensive mental health
care services to a greater population.
(d) An institution of higher education that receives
funding under Subsection (b) shall require that psychiatric
residents participate in rotations through a facility operated by a
community mental health provider.
Sec. 113.0155. REIMBURSEMENT FOR SERVICES. A child
psychiatry access center established under Section 113.0152 may not
submit an insurance claim or charge a pediatrician or primary care
provider a fee for providing consultation services or training
opportunities under that section.
Sec. 113.0156. ANNUAL REPORT. Not later than November 1 of
each year, the consortium shall submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the standing committee of each house of the legislature with
primary jurisdiction over behavioral health issues and post on its
Internet website a written report that outlines:
(1) the activities and objectives of the consortium;
(2) the health-related institutions of higher
education listed in Section 113.0052 that receive funding by the
executive committee;
(3) any prospective gifts, grants, or donations the
consortium expects to receive; and
(4) any research accomplishments associated with the
consortium.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
Sec. 113.0201. JUDICIAL INSTRUCTION REGARDING MENTAL
HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas
Court of Criminal Appeals, in consultation with the consortium,
shall develop a training program to educate and inform designated
judges and their staff on mental health care resources available
within the geographic region in which the designated judges
preside. The Supreme Court of Texas and the Texas Court of Criminal
Appeals may develop and operate the training program in conjunction
with any other training programs.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission and the members of the executive committee
described by Section 113.0101(1), Health and Safety Code, as added
by this Act, shall make the appointments and designations required
by Section 113.0101, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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