Texas 2023 - 88th Regular

Texas Senate Bill SB2452 Compare Versions

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11 88R8554 MPF-F
22 By: Menéndez S.B. No. 2452
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the provision of behavioral health crisis services,
88 including the establishment of crisis centers and mobile crisis
99 teams; authorizing a fee.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Chapter 531, Government Code, is amended by
1212 adding Subchapter P to read as follows:
1313 SUBCHAPTER P. BEHAVIORAL HEALTH CRISIS SERVICES
1414 Sec. 531.601. DEFINITIONS. In this subchapter:
1515 (1) "Crisis center" means a state-designated 988
1616 Suicide & Crisis Lifeline center participating in the National
1717 Suicide Prevention Lifeline network to respond to statewide or
1818 regional communications.
1919 (2) "Mobile crisis team" means a regionally located
2020 multidisciplinary response behavioral health team.
2121 Sec. 531.602. 988 SUICIDE AND CRISIS LIFELINE ADVISORY
2222 COMMITTEE. (a) The 988 suicide and crisis lifeline advisory
2323 committee is established to advise the commission and make
2424 recommendations regarding implementing a state-designated 988
2525 suicide and crisis lifeline.
2626 (b) The advisory committee is composed of representatives
2727 of the following:
2828 (1) a crisis center;
2929 (2) a 9-1-1 call center;
3030 (3) a local mental health authority;
3131 (4) the Department of Public Safety of the State of
3232 Texas;
3333 (5) a hospital emergency department;
3434 (6) a state court;
3535 (7) an individual or family member or caregiver of an
3636 individual who has lived experience with suicide prevention or
3737 usage of behavioral health crisis services; and
3838 (8) a behavioral health crisis service provider.
3939 (c) The executive commissioner shall appoint members to the
4040 advisory committee.
4141 Sec. 531.603. ESTABLISHMENT OF CRISIS CENTERS AND MOBILE
4242 CRISIS TEAMS. (a) The commission shall establish:
4343 (1) at least one crisis center to provide crisis
4444 stabilization services to individuals in this state who are
4545 accessing the 988 Suicide & Crisis Lifeline; and
4646 (2) mobile crisis teams to respond to behavioral
4747 health crises and provide crisis stabilization services.
4848 (b) In establishing a crisis center, the executive
4949 commissioner shall adopt rules to allow information sharing and
5050 communication between a crisis center and a mobile crisis team to
5151 enhance crisis care coordination.
5252 (c) In establishing a mobile crisis team, the commission
5353 must:
5454 (1) design the team in partnership with members of the
5555 community to be served, including people with lived experience
5656 using crisis services;
5757 (2) staff the team with personnel who reflect the
5858 demographics of the community served; and
5959 (3) require the team to collect customer service data
6060 from individuals served by the team.
6161 Sec. 531.604. CRISIS CENTER POWERS AND DUTIES. (a) A
6262 crisis center established by the commission shall:
6363 (1) contract with the 988 Suicide & Crisis Lifeline;
6464 (2) satisfy the requirements of and best practices
6565 identified by the 988 Suicide & Crisis Lifeline;
6666 (3) provide and report any applicable data;
6767 (4) be equipped to deploy a mobile crisis team;
6868 (5) satisfy the requirements for serving at-risk and
6969 specialized populations as identified by the Substance Abuse and
7070 Mental Health Services Administration;
7171 (6) provide linguistically and culturally competent
7272 care, including by requiring training and providing policies for
7373 transferring a crisis center caller to an appropriate specialized
7474 center within the 988 Suicide & Crisis Lifeline network; and
7575 (7) provide follow-up services to individuals who call
7676 the crisis center.
7777 (b) The executive commissioner shall adopt rules to allow
7878 appropriate information sharing and communication across crisis
7979 response systems and emergency response systems to provide
8080 real-time crisis care coordination.
8181 Sec. 531.605. SERVING AT-RISK AND SPECIALIZED POPULATIONS.
8282 A crisis center shall serve at-risk and specialized populations as
8383 identified by the Substance Abuse and Mental Health Services
8484 Administration. The populations served must include the LGBTQ
8585 community, youth, minorities, individuals residing in rural areas,
8686 veterans, American Indians, Alaska Natives, and individuals with
8787 co-occurring substance use disorder and mental illness.
8888 Sec. 531.606. CRISIS CARE COORDINATION. (a) The
8989 commission shall ensure that an individual who contacts a crises
9090 center is provided ongoing care through active collaboration and
9191 coordination of services among crisis centers and mental health and
9292 substance use disorder treatment providers, community mental
9393 health centers, certified community behavioral health clinics,
9494 community behavioral health centers, mobile crisis teams, hospital
9595 emergency departments, and inpatient psychiatric settings.
9696 (b) The commission may contract with the entities listed
9797 under Subsection (a) to ensure the coordination of services.
9898 Sec. 531.607. 988 SUICIDE AND CRISIS LIFELINE TRUST FUND.
9999 (a) The 988 suicide and crisis lifeline trust fund is established
100100 as a trust fund to be held by the comptroller outside the state
101101 treasury and administered by the commission.
102102 (b) The trust fund consists of:
103103 (1) revenue derived from the fee described by Section
104104 531.608;
105105 (2) legislative appropriations of money for the
106106 purposes of this subchapter;
107107 (3) available federal funding this state allocates for
108108 the purposes of the 988 Suicide & Crisis Lifeline;
109109 (4) gifts, grants, and donations received by this
110110 state for the purposes of the trust fund;
111111 (5) interest, dividends, and other income of the trust
112112 fund; and
113113 (6) money from any other source that is deposited in or
114114 transferred to the trust fund.
115115 (c) Money deposited in the trust fund may only be used to:
116116 (1) implement, maintain, or improve the 988 Suicide &
117117 Crisis Lifeline, including personnel and technological
118118 infrastructure improvements necessary to achieve operational and
119119 clinical standards and best practices as provided by the National
120120 Suicide Prevention Lifeline;
121121 (2) provide funding for crisis outreach and
122122 stabilization services by directly responding to the 988 Suicide &
123123 Crisis Lifeline;
124124 (3) provide funding for uninsured individuals
125125 receiving crisis and stabilization services;
126126 (4) provide personnel for crisis centers and mobile
127127 crisis teams;
128128 (5) fund data provision, reporting, participation in
129129 evaluations, and other related quality improvement activities; and
130130 (6) administer, oversee, and evaluate the trust fund.
131131 (d) The state may not transfer or use trust fund assets for
132132 any purpose other than the uses provided in this subchapter.
133133 (e) The executive commissioner shall submit an annual
134134 report to the legislature and the Federal Communications Commission
135135 detailing the trust fund deposits and expenditures in the preceding
136136 year.
137137 Sec. 531.608. 988 SUICIDE AND CRISIS LIFELINE FEE. (a) The
138138 commission may impose a 988 suicide and crisis lifeline service fee
139139 to supplement any federal, state, or local funding for suicide
140140 prevention or behavioral health crisis services on each:
141141 (1) local exchange access line or equivalent local
142142 exchange access line, not including public telephone equipment
143143 operated by coin or by card reader;
144144 (2) wireless telecommunications connection;
145145 (3) Voice over Internet Protocol service connection;
146146 and
147147 (4) purchase of a prepaid wireless telecommunications
148148 service by any method.
149149 (b) The executive commissioner by rule shall set the fee in
150150 an amount sufficient to cover the costs of creating, operating, and
151151 maintaining the suicide prevention services provided under this
152152 subchapter, according to the national guidelines for crisis
153153 services. The commission shall periodically adjust the fee amount
154154 as necessary to provide for continuous operation, volume increases,
155155 and maintenance.
156156 (c) Revenue from the fee shall be deposited in the 988
157157 suicide and crisis lifeline trust fund established under Section
158158 531.607.
159159 (d) A fee collected under this section may only be used to
160160 offset costs as provided by 47 U.S.C. Section 251a.
161161 (e) Revenue from the fee may not be used for expenses that
162162 are:
163163 (1) reimbursable through Medicaid, Medicare, or
164164 another insurer or governmental program; or
165165 (2) covered because the service recipient's name and
166166 health coverage information cannot be obtained or billed.
167167 (f) The executive commissioner shall submit an annual
168168 report to the legislature and the Federal Communications Commission
169169 detailing the revenue generated by the fee in the preceding year.
170170 Sec. 531.609. ANNUAL REPORT. (a) The commission shall
171171 prepare an annual report of the usage of crisis centers and the
172172 services provided by the centers.
173173 (b) The commission shall present the annual report to the
174174 legislature and the Substance Abuse and Mental Health Services
175175 Administration.
176176 SECTION 2. This Act takes effect September 1, 2023.