1 | 1 | | 88R8554 MPF-F |
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2 | 2 | | By: Menéndez S.B. No. 2452 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the provision of behavioral health crisis services, |
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8 | 8 | | including the establishment of crisis centers and mobile crisis |
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9 | 9 | | teams; authorizing a fee. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 531, Government Code, is amended by |
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12 | 12 | | adding Subchapter P to read as follows: |
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13 | 13 | | SUBCHAPTER P. BEHAVIORAL HEALTH CRISIS SERVICES |
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14 | 14 | | Sec. 531.601. DEFINITIONS. In this subchapter: |
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15 | 15 | | (1) "Crisis center" means a state-designated 988 |
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16 | 16 | | Suicide & Crisis Lifeline center participating in the National |
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17 | 17 | | Suicide Prevention Lifeline network to respond to statewide or |
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18 | 18 | | regional communications. |
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19 | 19 | | (2) "Mobile crisis team" means a regionally located |
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20 | 20 | | multidisciplinary response behavioral health team. |
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21 | 21 | | Sec. 531.602. 988 SUICIDE AND CRISIS LIFELINE ADVISORY |
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22 | 22 | | COMMITTEE. (a) The 988 suicide and crisis lifeline advisory |
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23 | 23 | | committee is established to advise the commission and make |
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24 | 24 | | recommendations regarding implementing a state-designated 988 |
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25 | 25 | | suicide and crisis lifeline. |
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26 | 26 | | (b) The advisory committee is composed of representatives |
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27 | 27 | | of the following: |
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28 | 28 | | (1) a crisis center; |
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29 | 29 | | (2) a 9-1-1 call center; |
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30 | 30 | | (3) a local mental health authority; |
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31 | 31 | | (4) the Department of Public Safety of the State of |
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32 | 32 | | Texas; |
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33 | 33 | | (5) a hospital emergency department; |
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34 | 34 | | (6) a state court; |
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35 | 35 | | (7) an individual or family member or caregiver of an |
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36 | 36 | | individual who has lived experience with suicide prevention or |
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37 | 37 | | usage of behavioral health crisis services; and |
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38 | 38 | | (8) a behavioral health crisis service provider. |
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39 | 39 | | (c) The executive commissioner shall appoint members to the |
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40 | 40 | | advisory committee. |
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41 | 41 | | Sec. 531.603. ESTABLISHMENT OF CRISIS CENTERS AND MOBILE |
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42 | 42 | | CRISIS TEAMS. (a) The commission shall establish: |
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43 | 43 | | (1) at least one crisis center to provide crisis |
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44 | 44 | | stabilization services to individuals in this state who are |
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45 | 45 | | accessing the 988 Suicide & Crisis Lifeline; and |
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46 | 46 | | (2) mobile crisis teams to respond to behavioral |
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47 | 47 | | health crises and provide crisis stabilization services. |
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48 | 48 | | (b) In establishing a crisis center, the executive |
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49 | 49 | | commissioner shall adopt rules to allow information sharing and |
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50 | 50 | | communication between a crisis center and a mobile crisis team to |
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51 | 51 | | enhance crisis care coordination. |
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52 | 52 | | (c) In establishing a mobile crisis team, the commission |
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53 | 53 | | must: |
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54 | 54 | | (1) design the team in partnership with members of the |
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55 | 55 | | community to be served, including people with lived experience |
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56 | 56 | | using crisis services; |
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57 | 57 | | (2) staff the team with personnel who reflect the |
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58 | 58 | | demographics of the community served; and |
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59 | 59 | | (3) require the team to collect customer service data |
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60 | 60 | | from individuals served by the team. |
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61 | 61 | | Sec. 531.604. CRISIS CENTER POWERS AND DUTIES. (a) A |
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62 | 62 | | crisis center established by the commission shall: |
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63 | 63 | | (1) contract with the 988 Suicide & Crisis Lifeline; |
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64 | 64 | | (2) satisfy the requirements of and best practices |
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65 | 65 | | identified by the 988 Suicide & Crisis Lifeline; |
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66 | 66 | | (3) provide and report any applicable data; |
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67 | 67 | | (4) be equipped to deploy a mobile crisis team; |
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68 | 68 | | (5) satisfy the requirements for serving at-risk and |
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69 | 69 | | specialized populations as identified by the Substance Abuse and |
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70 | 70 | | Mental Health Services Administration; |
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71 | 71 | | (6) provide linguistically and culturally competent |
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72 | 72 | | care, including by requiring training and providing policies for |
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73 | 73 | | transferring a crisis center caller to an appropriate specialized |
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74 | 74 | | center within the 988 Suicide & Crisis Lifeline network; and |
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75 | 75 | | (7) provide follow-up services to individuals who call |
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76 | 76 | | the crisis center. |
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77 | 77 | | (b) The executive commissioner shall adopt rules to allow |
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78 | 78 | | appropriate information sharing and communication across crisis |
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79 | 79 | | response systems and emergency response systems to provide |
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80 | 80 | | real-time crisis care coordination. |
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81 | 81 | | Sec. 531.605. SERVING AT-RISK AND SPECIALIZED POPULATIONS. |
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82 | 82 | | A crisis center shall serve at-risk and specialized populations as |
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83 | 83 | | identified by the Substance Abuse and Mental Health Services |
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84 | 84 | | Administration. The populations served must include the LGBTQ |
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85 | 85 | | community, youth, minorities, individuals residing in rural areas, |
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86 | 86 | | veterans, American Indians, Alaska Natives, and individuals with |
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87 | 87 | | co-occurring substance use disorder and mental illness. |
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88 | 88 | | Sec. 531.606. CRISIS CARE COORDINATION. (a) The |
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89 | 89 | | commission shall ensure that an individual who contacts a crises |
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90 | 90 | | center is provided ongoing care through active collaboration and |
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91 | 91 | | coordination of services among crisis centers and mental health and |
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92 | 92 | | substance use disorder treatment providers, community mental |
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93 | 93 | | health centers, certified community behavioral health clinics, |
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94 | 94 | | community behavioral health centers, mobile crisis teams, hospital |
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95 | 95 | | emergency departments, and inpatient psychiatric settings. |
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96 | 96 | | (b) The commission may contract with the entities listed |
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97 | 97 | | under Subsection (a) to ensure the coordination of services. |
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98 | 98 | | Sec. 531.607. 988 SUICIDE AND CRISIS LIFELINE TRUST FUND. |
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99 | 99 | | (a) The 988 suicide and crisis lifeline trust fund is established |
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100 | 100 | | as a trust fund to be held by the comptroller outside the state |
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101 | 101 | | treasury and administered by the commission. |
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102 | 102 | | (b) The trust fund consists of: |
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103 | 103 | | (1) revenue derived from the fee described by Section |
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104 | 104 | | 531.608; |
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105 | 105 | | (2) legislative appropriations of money for the |
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106 | 106 | | purposes of this subchapter; |
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107 | 107 | | (3) available federal funding this state allocates for |
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108 | 108 | | the purposes of the 988 Suicide & Crisis Lifeline; |
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109 | 109 | | (4) gifts, grants, and donations received by this |
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110 | 110 | | state for the purposes of the trust fund; |
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111 | 111 | | (5) interest, dividends, and other income of the trust |
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112 | 112 | | fund; and |
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113 | 113 | | (6) money from any other source that is deposited in or |
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114 | 114 | | transferred to the trust fund. |
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115 | 115 | | (c) Money deposited in the trust fund may only be used to: |
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116 | 116 | | (1) implement, maintain, or improve the 988 Suicide & |
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117 | 117 | | Crisis Lifeline, including personnel and technological |
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118 | 118 | | infrastructure improvements necessary to achieve operational and |
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119 | 119 | | clinical standards and best practices as provided by the National |
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120 | 120 | | Suicide Prevention Lifeline; |
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121 | 121 | | (2) provide funding for crisis outreach and |
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122 | 122 | | stabilization services by directly responding to the 988 Suicide & |
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123 | 123 | | Crisis Lifeline; |
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124 | 124 | | (3) provide funding for uninsured individuals |
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125 | 125 | | receiving crisis and stabilization services; |
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126 | 126 | | (4) provide personnel for crisis centers and mobile |
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127 | 127 | | crisis teams; |
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128 | 128 | | (5) fund data provision, reporting, participation in |
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129 | 129 | | evaluations, and other related quality improvement activities; and |
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130 | 130 | | (6) administer, oversee, and evaluate the trust fund. |
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131 | 131 | | (d) The state may not transfer or use trust fund assets for |
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132 | 132 | | any purpose other than the uses provided in this subchapter. |
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133 | 133 | | (e) The executive commissioner shall submit an annual |
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134 | 134 | | report to the legislature and the Federal Communications Commission |
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135 | 135 | | detailing the trust fund deposits and expenditures in the preceding |
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136 | 136 | | year. |
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137 | 137 | | Sec. 531.608. 988 SUICIDE AND CRISIS LIFELINE FEE. (a) The |
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138 | 138 | | commission may impose a 988 suicide and crisis lifeline service fee |
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139 | 139 | | to supplement any federal, state, or local funding for suicide |
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140 | 140 | | prevention or behavioral health crisis services on each: |
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141 | 141 | | (1) local exchange access line or equivalent local |
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142 | 142 | | exchange access line, not including public telephone equipment |
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143 | 143 | | operated by coin or by card reader; |
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144 | 144 | | (2) wireless telecommunications connection; |
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145 | 145 | | (3) Voice over Internet Protocol service connection; |
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146 | 146 | | and |
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147 | 147 | | (4) purchase of a prepaid wireless telecommunications |
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148 | 148 | | service by any method. |
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149 | 149 | | (b) The executive commissioner by rule shall set the fee in |
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150 | 150 | | an amount sufficient to cover the costs of creating, operating, and |
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151 | 151 | | maintaining the suicide prevention services provided under this |
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152 | 152 | | subchapter, according to the national guidelines for crisis |
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153 | 153 | | services. The commission shall periodically adjust the fee amount |
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154 | 154 | | as necessary to provide for continuous operation, volume increases, |
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155 | 155 | | and maintenance. |
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156 | 156 | | (c) Revenue from the fee shall be deposited in the 988 |
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157 | 157 | | suicide and crisis lifeline trust fund established under Section |
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158 | 158 | | 531.607. |
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159 | 159 | | (d) A fee collected under this section may only be used to |
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160 | 160 | | offset costs as provided by 47 U.S.C. Section 251a. |
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161 | 161 | | (e) Revenue from the fee may not be used for expenses that |
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162 | 162 | | are: |
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163 | 163 | | (1) reimbursable through Medicaid, Medicare, or |
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164 | 164 | | another insurer or governmental program; or |
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165 | 165 | | (2) covered because the service recipient's name and |
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166 | 166 | | health coverage information cannot be obtained or billed. |
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167 | 167 | | (f) The executive commissioner shall submit an annual |
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168 | 168 | | report to the legislature and the Federal Communications Commission |
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169 | 169 | | detailing the revenue generated by the fee in the preceding year. |
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170 | 170 | | Sec. 531.609. ANNUAL REPORT. (a) The commission shall |
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171 | 171 | | prepare an annual report of the usage of crisis centers and the |
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172 | 172 | | services provided by the centers. |
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173 | 173 | | (b) The commission shall present the annual report to the |
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174 | 174 | | legislature and the Substance Abuse and Mental Health Services |
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175 | 175 | | Administration. |
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176 | 176 | | SECTION 2. This Act takes effect September 1, 2023. |
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