89R14934 RAL-F
By: Rose H.B. No. 4420
A BILL TO BE ENTITLED
AN ACT
relating to the collection of information on available beds at
inpatient mental health facilities providing acute psychiatric
treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 311.0335(a), Health and Safety Code, is
amended to read as follows:
(a) A hospital that provides mental health or chemical
dependency services shall submit to the department financial and
utilization data relating to the mental health and chemical
dependency services provided by the hospital, including data for
inpatient and outpatient services relating to:
(1) patient demographics, including race, ethnicity,
age, gender, and county of residence;
(2) admissions;
(3) discharges, including length of inpatient
treatment;
(4) specific diagnoses and procedures according to
criteria prescribed by the Diagnostic and Statistical Manual of
Mental Disorders, 3rd Edition, Revised, or a later version
prescribed by department rule;
(5) total charges and the components of the charges;
(6) payor sources; [and]
(7) use of mechanical restraints; and
(8) availability of inpatient psychiatric beds by age.
SECTION 2. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Inpatient mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(b) The commission shall conduct a study regarding the
availability of beds at inpatient mental health facilities in this
state that provide acute inpatient psychiatric treatment. The
study must evaluate:
(1) the current number of psychiatric beds available
at inpatient mental health facilities in this state that provide
inpatient psychiatric treatment to individuals experiencing an
acute mental health crisis, including a breakdown of beds
available:
(A) at inpatient mental health facilities that
are state hospitals operated by the Department of State Health
Services;
(B) at inpatient mental health facilities other
than facilities operated by the Department of State Health
Services; and
(C) for patients:
(i) committed to a facility for competency
restoration services under Chapter 46B, Code of Criminal Procedure;
(ii) civilly committed to a facility under
Chapter 841, Health and Safety Code;
(iii) committed to a facility after having
been found not guilty by reason of insanity under Chapter 46C, Code
of Criminal Procedure;
(iv) voluntarily admitted to a facility;
(v) 18 years of age or older;
(vi) 12 years of age or older but younger
than 18 years of age;
(vii) 11 years of age or younger;
(viii) receiving long-term mental health
treatment in a facility; and
(ix) who have been diagnosed with an
intellectual or developmental disability;
(2) the current number of patients admitted to an
inpatient mental health facility in this state that provides
inpatient psychiatric treatment to individuals experiencing an
acute mental health crisis, including a breakdown of:
(A) the number of patients committed to a
facility for competency restoration services under Chapter 46B,
Code of Criminal Procedure, including the number of individuals
committed under an initial order of commitment or an order
extending the initial restoration period;
(B) the number of patients civilly committed to a
facility under Chapter 841, Health and Safety Code;
(C) the number of patients committed to a
facility after having been found not guilty by reason of insanity
under Chapter 46C, Code of Criminal Procedure;
(D) the number of patients voluntarily admitted
to a facility;
(E) the number of patients 18 years of age or
older;
(F) the number of patients 12 years of age or
older but younger than 18 years of age;
(G) the number of patients 11 years of age or
younger;
(H) the percentage of patients in this state who
will likely require long-term mental health treatment in a
facility;
(I) the number of patients who have been
diagnosed with an intellectual or developmental disability; and
(J) the number of patients receiving services
from a jail diversion program;
(3) the projected need over the next several years for
additional psychiatric beds at inpatient mental health facilities
that provide inpatient psychiatric treatment to individuals
experiencing an acute mental health crisis, including the projected
percentage of incoming patients who will likely require long-term
mental health treatment in a facility; and
(4) current and anticipated resources, including
workforce needs, necessary to meet the demands described by
Subdivisions (1), (2), and (3) of this subsection.
(c) In designing and conducting the study, the commission:
(1) may collaborate with institutions of higher
education, as defined by Section 61.003, Education Code, in this
state that award medical degrees; and
(2) shall collect the information required under
Subsection (b) of this section at least twice.
(d) Not later than September 1, 2026, the commission shall
prepare and submit to the legislature a written report containing
the results of the study and any recommendations for legislative or
other action.
(e) This section expires September 1, 2027.
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, 2025.