Texas 2021 - 87th Regular

Texas Senate Bill SB2104 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4979 JG-F
2	2	By: Zaffirini S.B. No. 2104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of peer services, including family
8	8	partner peer support services by family partners, and the provision
9	9	of those services under Medicaid.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 531.0999(a), Government Code, as added
12	12	by Chapter 1015 (H.B. 1486), Acts of the 85th Legislature, Regular
13	13	Session, 2017, is amended to read as follows:
14	14	(a) With input from mental health and substance use peer
15	15	specialists and the work group described by Subsection (b), the
16	16	commission shall develop and the executive commissioner shall
17	17	adopt:
18	18	(1) rules that establish training requirements for
19	19	peer specialists so that they are able to provide services to
20	20	persons with mental illness or services to persons with substance
21	21	use conditions;
22	22	(2) rules that establish certification and
23	23	supervision requirements for peer specialists;
24	24	(3) rules that define the scope of services that peer
25	25	specialists may provide;
26	26	(4) rules that distinguish peer services from other
27	27	services that a person must hold a license to provide; [and]
28	28	(5) rules that require the provision of peer services
29	29	by a peer specialist to persons who:
30	30	(A) are 18 years of age or older but younger than
31	31	22 years of age; and
32	32	(B) request to receive those services; and
33	33	(6) any other rules necessary to protect the health
34	34	and safety of persons receiving peer services.
35	35	SECTION 2. Subchapter B, Chapter 531, Government Code, is
36	36	amended by adding Section 531.09991 to read as follows:
37	37	Sec. 531.09991. PROVISION OF FAMILY PARTNER PEER SUPPORT
38	38	SERVICES BY FAMILY PARTNERS. (a) With input from family partners
39	39	and the work group established under Subsection (b), the commission
40	40	shall develop and the executive commissioner shall adopt:
41	41	(1) rules that establish training requirements for
42	42	family partners so that they are able to provide family partner peer
43	43	support services to families of children and youth with mental
44	44	illness or substance use conditions;
45	45	(2) rules that establish certification and
46	46	supervision requirements for family partners;
47	47	(3) rules that define the scope of services that
48	48	family partners may provide;
49	49	(4) rules that distinguish family partner peer support
50	50	services from other services a person must hold a license or
51	51	certificate to provide;
52	52	(5) rules that require the provision of family partner
53	53	peer support services by a family partner to persons who:
54	54	(A) are 18 years of age or older but younger than
55	55	22 years of age; and
56	56	(B) request to receive those services; and
57	57	(6) any other rules necessary to protect the health
58	58	and safety of persons receiving family partner peer support
59	59	services.
60	60	(b) The commission shall establish a stakeholder work group
61	61	to provide input for the adoption of rules under Subsection (a).
62	62	The work group is composed of the following stakeholders appointed
63	63	by the executive commissioner:
64	64	(1) one representative of each organization
65	65	identified by the commission that certifies mental health and
66	66	substance use peer specialists and family partners in this state;
67	67	(2) one representative of a local mental health
68	68	authority located in a rural area that employs a family partner;
69	69	(3) one representative of a local mental health
70	70	authority located in an urban area that employs a family partner;
71	71	(4) one family partner certified at an advanced or
72	72	master level who works in a rural area;
73	73	(5) one family partner certified at an advanced or
74	74	master level who works in an urban area;
75	75	(6) one family partner certified at an advanced or
76	76	master level who works with families of children or youth with a
77	77	dual diagnosis of a mental illness and substance use condition;
78	78	(7) one family partner certified at an advanced or
79	79	master level who provides services to a child with a dual diagnosis
80	80	of a mental illness and developmental disability;
81	81	(8) the designated family engagement specialist under
82	82	the Texas System of Care Framework implemented under Section
83	83	531.251;
84	84	(9) representatives of the peer and family partner
85	85	subcommittee of the behavioral health advisory committee,
86	86	including at least one member of the subcommittee who is a youth
87	87	representative;
88	88	(10) two individuals who conduct family partner
89	89	certification training;
90	90	(11) one family partner certified at the master level
91	91	who serves as a supervisor to family partners;
92	92	(12) one transition aged youth specialist who serves
93	93	on the behavioral health advisory committee or the child and youth
94	94	behavioral health subcommittee of the behavioral health advisory
95	95	committee; and
96	96	(13) any other person considered appropriated by the
97	97	executive commissioner.
98	98	(c) The executive commissioner shall appoint one member of
99	99	the work group to serve as presiding officer.
100	100	(d) The work group shall meet once every month.
101	101	(e) The work group is automatically abolished on the
102	102	adoption of rules under Subsection (a).
103	103	(f) If the executive commissioner has not adopted rules
104	104	under Subsection (a) by September 1, 2022, the executive
105	105	commissioner shall submit on that date a written report to the
106	106	governor, the lieutenant governor, the speaker of the house of
107	107	representatives, the chair of the Senate Health and Human Services
108	108	Committee or its successor, and the chair of the House Public Health
109	109	Committee or its successor explaining why the rules have not yet
110	110	been adopted. This subsection expires September 1, 2023.
111	111	SECTION 3. Section 32.024, Human Resources Code, is amended
112	112	by adding Subsection (ll) to read as follows:
113	113	(ll) The commission in its rules and standards governing the
114	114	scope of services provided under the medical assistance program
115	115	shall include family partner peer support services provided by
116	116	certified family partners to the extent permitted by federal law.
117	117	SECTION 4. As soon as practicable after the effective date
118	118	of this Act, the executive commissioner of the Health and Human
119	119	Services Commission shall:
120	120	(1) appoint the members of the stakeholder work group
121	121	established by Section 531.09991(b), Government Code, as added by
122	122	this Act; and
123	123	(2) adopt the rules required by Section 531.0999(a),
124	124	Government Code, as amended by this Act, and Section 531.09991(a),
125	125	Government Code, as added by this Act.
126	126	SECTION 5. If before implementing any provision of this Act
127	127	a state agency determines that a waiver or authorization from a
128	128	federal agency is necessary for implementation of that provision,
129	129	the agency affected by the provision shall request the waiver or
130	130	authorization and may delay implementing that provision until the
131	131	waiver or authorization is granted.
132	132	SECTION 6. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2021.