Texas 2021 - 87th Regular

Texas House Bill HB3121 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3121
	1	+	By: Turner of Dallas, et al. H.B. No. 3121
	2	+	(Senate Sponsor - Johnson)
	3	+	(In the Senate - Received from the House May 14, 2021;
	4	+	May 18, 2021, read first time and referred to Committee on Health &
	5	+	Human Services; May 21, 2021, reported favorably by the following
	6	+	vote: Yeas 9, Nays 0; May 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to a voluntary quality standards certification process for
6	13		certain private residential psychiatric treatment facilities that
7	14		provide treatments and services to youth; imposing fees;
8	15		authorizing civil and administrative penalties.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. This Act shall be known as Alec's Law.
11	18		SECTION 2. Subtitle C, Title 7, Health and Safety Code, is
12	19		amended by adding Chapter 577A to read as follows:
13	20		CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES
14	21		SUBCHAPTER A. GENERAL PROVISIONS
15	22		Sec. 577A.001. DEFINITIONS. In this chapter:
16	23		(1) "Commission" means the Health and Human Services
17	24		Commission.
18	25		(2) "Executive commissioner" means the executive
19	26		commissioner of the commission.
20	27		(3) "Psychiatric residential youth treatment
21	28		facility" means a private facility that provides psychiatric health
22	29		treatments and services in a residential, nonhospital setting
23		-	exclusively to individuals who are 21 years of age or younger and is
24		-	licensed as a general residential ~~operation under Chapter 42, Human~~
25		-	Resources Code. The term ~~includes a facility that provides room and~~
26		-	board.
	30	+	exclusively to individuals who are 21 years of age or younger and
	31	+	that meets criteria to be licensed as a general residential
	32	+	operation under Chapter 42, Human Resources Code. The term
	33	+	includes a facility that provides room and board.
27	34		(4) "Severe emotional disturbance" means a mental,
28	35		behavioral, or emotional disorder of sufficient duration to result
29	36		in functional impairment that substantially interferes with or
30	37		limits an individual's role or ability to function in family,
31	38		school, or community activities.
32	39		Sec. 577A.002. EXEMPTIONS. This chapter does not apply to:
33	40		(1) a mental hospital; or
34	41		(2) a private mental hospital or other mental health
35	42		facility licensed under Chapter 577.
36	43		Sec. 577A.003. LICENSING AND OTHER REQUIREMENTS NOT
37	44		AFFECTED. This chapter does not affect any licensing or other
38		-	requirements of or create a separate license for a psychiatric
39		-	residential youth treatment facility under Chapter 42, Human
40		-	Resources Code.
	45	+	requirements of a psychiatric residential youth treatment facility
	46	+	under Chapter 42, Human Resources Code.
41	47		Sec. 577A.004. RULES. The executive commissioner shall
42	48		adopt rules necessary to implement this chapter.
43	49		SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS
44	50		Sec. 577A.051. VOLUNTARY QUALITY STANDARDS CERTIFICATION.
45		-	The commission shall, using existing resources to the extent
46		-	feasible, develop and implement a voluntary quality standards
47		-	certification process to certify a psychiatric residential youth
48		-	treatment facility that meets standards for certification under
49		-	this chapter.
	51	+	The commission shall develop and implement a voluntary quality
	52	+	standards certification process to certify a psychiatric
	53	+	residential youth treatment facility that meets standards for
	54	+	certification under this chapter.
50	55		Sec. 577A.052. CERTIFICATE APPLICATION. (a) To obtain a
51	56		certificate under this chapter, an applicant must submit to the
52	57		commission an application in the form and manner prescribed by the
53	58		commission.
54	59		(b) Each application must be accompanied by a fee
55	60		established by the executive commissioner under Section 577A.053.
56	61		Sec. 577A.053. FEES. The executive commissioner by rule
57	62		shall establish a nonrefundable certificate application fee and a
58	63		nonrefundable certificate renewal fee in amounts necessary to cover
59	64		the costs of administering this chapter.
60	65		Sec. 577A.054. ISSUANCE AND RENEWAL OF CERTIFICATE. (a)
61	66		The commission shall issue a certificate to an applicant if on
62	67		inspection and investigation the commission determines the
63	68		applicant meets the requirements of this chapter and commission
64		-	rules. The commission may not issue to an applicant a certificate
65		-	under this chapter unless the applicant is licensed as a general
66		-	residential operation under Chapter 42, Human Resources Code.
	69	+	rules.
67	70		(b) A certificate issued under this chapter expires on the
68	71		second anniversary of the date the certificate is issued or
69	72		renewed.
70	73		(c) The commission shall renew a certificate if:
71	74		(1) the certificate holder submits to the commission a
72	75		fee established by the executive commissioner under Section
73	76		577A.053; and
74	77		(2) on inspection and investigation the commission
75	78		determines the certificate holder meets the requirements of this
76	79		chapter and commission rules.
77	80		Sec. 577A.055. INSPECTIONS. In addition to the inspections
78	81		required under Section 577A.054, the commission shall conduct an
79	82		inspection not later than the first anniversary of the date a
80	83		certificate is issued or renewed to ensure the certificate holder
81	84		remains in compliance with the requirements of this chapter and
82	85		commission rules.
83	86		SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL
84	87		YOUTH TREATMENT FACILITIES
85	88		Sec. 577A.101. MINIMUM STANDARDS. The executive
86	89		commissioner by rule shall establish minimum standards for the
87	90		certification of psychiatric residential youth treatment
88	91		facilities under this chapter. The minimum standards must require
89	92		a facility to:
90	93		(1) obtain accreditation by The Joint Commission, the
91	94		Commission on Accreditation of Rehabilitation Facilities, the
92	95		Council on Accreditation, or another accrediting organization
93	96		approved by the commission; and
94	97		(2) provide and prescribe guidelines for the provision
95	98		of the following activities, treatments, and services:
96	99		(A) development and implementation of individual
97	100		plans of care, including the provision of services provided by a
98	101		licensed psychiatrist or physician to develop individual plans of
99	102		care;
100	103		(B) individual therapy;
101	104		(C) family engagement activities;
102	105		(D) consultation services with qualified
103	106		professionals, including case managers, primary care
104	107		professionals, community-based mental health providers, school
105	108		staff, and other support planners;
106	109		(E) 24-hour nursing services; and
107	110		(F) direct care and supervision services,
108	111		supportive services for daily living and safety, and positive
109	112		behavior management services.
110	113		Sec. 577A.102. ADMISSION CRITERIA. A facility certified
111	114		under this chapter may not admit or provide treatments or services
112	115		to an individual unless the individual:
113	116		(1) is 21 years of age or younger;
114	117		(2) has been diagnosed with a severe emotional
115	118		disturbance by a licensed mental health professional;
116	119		(3) requires residential psychiatric treatment under
117	120		the direction of a licensed physician to improve the individual's
118	121		condition; and
119	122		(4) was referred for treatments or services in a
120	123		psychiatric residential youth treatment facility by a licensed
121	124		mental health professional.
122	125		SUBCHAPTER D. ENFORCEMENT
123	126		Sec. 577A.151. PENALTIES. A facility certified under this
124	127		chapter is subject to a civil penalty under Section 571.023 or an
125	128		administrative penalty under Section 571.025, as applicable, for a
126	129		violation of this chapter or a rule adopted under this chapter.
127	130		SECTION 3. Section 577.002, Health and Safety Code, is
128	131		amended to read as follows:
129	132		Sec. 577.002. EXEMPTIONS [FROM LICENSING REQUIREMENT]. (a)
130	133		A mental health facility operated by the department or a federal
131	134		agency need not be licensed under this chapter.
132	135		(b) This chapter does not apply to a psychiatric residential
133	136		youth treatment facility certified under Chapter 577A.
134	137		SECTION 4. As soon as practicable after the effective date
135	138		of this Act, the executive commissioner of the Health and Human
136	139		Services Commission shall adopt rules necessary to implement
137	140		Chapter 577A, Health and Safety Code, as added by this Act.
138		-	SECTION 5. If the legislature does not appropriate money
139		-	specifically for the purpose of implementing a provision of this
140		-	Act, the Health and Human Services Commission may, but is not
141		-	required to, implement a provision of this Act using other
142		-	appropriations that are available for that purpose.
143		-	SECTION 6. This Act takes effect September 1, 2021.
144		-	______________________________ ______________________________
145		-	President of the Senate Speaker of the House
146		-	I certify that H.B. No. 3121 was passed by the House on May
147		-	13, 2021, by the following vote: Yeas 97, Nays 44, 2 present, not
148		-	voting; and that the House concurred in Senate amendments to H.B.
149		-	No. 3121 on May 28, 2021, by the following vote: Yeas 95, Nays 53,
150		-	1 present, not voting.
151		-	______________________________
152		-	Chief Clerk of the House
153		-	I certify that H.B. No. 3121 was passed by the Senate, with
154		-	amendments, on May 26, 2021, by the following vote: Yeas 27, Nays
155		-	4.
156		-	______________________________
157		-	Secretary of the Senate
158		-	APPROVED: __________________
159		-	Date
160		-	__________________
161		-	Governor
	141	+	SECTION 5. This Act takes effect September 1, 2021.
	142	+	* * * * *