Texas 2025 - 89th Regular

Texas Senate Bill SB1342 Compare Versions

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

Old	New	Differences
1	1	89R6114 RAL-F
2	2	By: Johnson S.B. No. 1342
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of psychiatric residential treatment
10	10	facilities and Medicaid reimbursement for the provision of
11	11	treatment by those facilities; requiring an occupational license.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 577.002(b), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(b) This chapter does not apply to a psychiatric residential
16	16	[youth] treatment facility licensed [certified] under Chapter
17	17	577A.
18	18	SECTION 2. The heading to Chapter 577A, Health and Safety
19	19	Code, is amended to read as follows:
20	20	CHAPTER 577A. PSYCHIATRIC RESIDENTIAL [YOUTH] TREATMENT
21	21	FACILITIES
22	22	SECTION 3. Section 577A.001(3), Health and Safety Code, is
23	23	amended to read as follows:
24	24	(3) "Psychiatric residential [youth] treatment
25	25	facility" means a private facility that provides psychiatric health
26	26	treatments and services in a residential, nonhospital setting
27	27	exclusively to individuals who are 21 years of age or younger [and
28	28	is licensed as a general residential operation under Chapter 42,
29	29	Human Resources Code]. The term includes a facility that provides
30	30	room and board.
31	31	SECTION 4. The heading to Subchapter B, Chapter 577A,
32	32	Health and Safety Code, is amended to read as follows:
33	33	SUBCHAPTER B. LICENSURE [CERTIFICATION], FEES, AND INSPECTIONS
34	34	SECTION 5. Section 577A.051, Health and Safety Code, is
35	35	amended to read as follows:
36	36	Sec. 577A.051. LICENSE REQUIRED [VOLUNTARY QUALITY
37	37	STANDARDS CERTIFICATION]. A person may not operate a psychiatric
38	38	residential treatment facility without a license issued by the
39	39	commission [The commission shall, using existing resources to the
40	40	extent feasible, develop and implement a voluntary quality
41	41	standards certification process to certify a psychiatric
42	42	residential youth treatment facility that meets standards for
43	43	certification] under this chapter.
44	44	SECTION 6. The heading to Section 577A.052, Health and
45	45	Safety Code, is amended to read as follows:
46	46	Sec. 577A.052. LICENSE [CERTIFICATE] APPLICATION.
47	47	SECTION 7. Section 577A.052(a), Health and Safety Code, is
48	48	amended to read as follows:
49	49	(a) To obtain a license [certificate] under this chapter, an
50	50	applicant must submit to the commission an application in the form
51	51	and manner prescribed by the commission.
52	52	SECTION 8. Section 577A.053, Health and Safety Code, is
53	53	amended to read as follows:
54	54	Sec. 577A.053. FEES. The executive commissioner by rule
55	55	shall establish a nonrefundable license [certificate] application
56	56	fee and a nonrefundable license [certificate] renewal fee in
57	57	amounts necessary to cover the costs of administering this chapter.
58	58	SECTION 9. Section 577A.054, Health and Safety Code, is
59	59	amended to read as follows:
60	60	Sec. 577A.054. ISSUANCE AND RENEWAL OF LICENSE
61	61	[CERTIFICATE]. (a) The commission shall issue a license
62	62	[certificate] to an applicant if on inspection and investigation
63	63	the commission determines the applicant meets the requirements of
64	64	this chapter and commission rules. [The commission may not issue to
65	65	an applicant a certificate under this chapter unless the applicant
66	66	is licensed as a general residential operation under Chapter 42,
67	67	Human Resources Code.]
68	68	(b) A license [certificate] issued under this chapter
69	69	expires on the second anniversary of the date the license
70	70	[certificate] is issued or renewed.
71	71	(c) The commission shall renew a license [certificate] if:
72	72	(1) the license [certificate] holder submits to the
73	73	commission a fee established by the executive commissioner under
74	74	Section 577A.053; and
75	75	(2) on inspection and investigation the commission
76	76	determines the license [certificate] holder meets the requirements
77	77	of this chapter and commission rules.
78	78	SECTION 10. Section 577A.055, Health and Safety Code, is
79	79	amended to read as follows:
80	80	Sec. 577A.055. INSPECTIONS. In addition to the inspections
81	81	required under Section 577A.054, the commission shall conduct an
82	82	inspection not later than the first anniversary of the date a
83	83	license [certificate] is issued or renewed to ensure the license
84	84	[certificate] holder remains in compliance with the requirements of
85	85	this chapter and commission rules.
86	86	SECTION 11. The heading to Subchapter C, Chapter 577A,
87	87	Health and Safety Code, is amended to read as follows:
88	88	SUBCHAPTER C. REGULATION OF LICENSED [CERTIFIED] PSYCHIATRIC
89	89	RESIDENTIAL [YOUTH] TREATMENT FACILITIES
90	90	SECTION 12. Section 577A.101, Health and Safety Code, is
91	91	amended to read as follows:
92	92	Sec. 577A.101. MINIMUM STANDARDS. The executive
93	93	commissioner by rule shall establish minimum standards for the
94	94	licensing [certification] of psychiatric residential [youth]
95	95	treatment facilities under this chapter. The minimum standards
96	96	must require a facility to:
97	97	(1) obtain accreditation by The Joint Commission, the
98	98	Commission on Accreditation of Rehabilitation Facilities, the
99	99	Council on Accreditation, or another accrediting organization
100	100	approved by the commission; [and]
101	101	(2) provide and prescribe guidelines for the provision
102	102	of the following activities, treatments, and services:
103	103	(A) development and implementation of individual
104	104	plans of care, including the provision of services provided by a
105	105	licensed psychiatrist or physician to develop individual plans of
106	106	care;
107	107	(B) individual therapy;
108	108	(C) family engagement activities;
109	109	(D) consultation services with qualified
110	110	professionals, including case managers, primary care
111	111	professionals, community-based mental health providers, school
112	112	staff, and other support planners;
113	113	(E) 24-hour nursing services; and
114	114	(F) direct care and supervision services,
115	115	supportive services for daily living and safety, and positive
116	116	behavior management services;
117	117	(3) satisfy federal requirements for a psychiatric
118	118	residential treatment facility under 42 C.F.R. Section 441.151 et
119	119	seq. and 42 C.F.R. Section 483.350 et seq.; and
120	120	(4) satisfy all requirements to be licensed as a
121	121	general residential operation under Chapter 42, Human Resources
122	122	Code, and comply with rules adopted under that chapter.
123	123	SECTION 13. Section 577A.102, Health and Safety Code, is
124	124	amended to read as follows:
125	125	Sec. 577A.102. ADMISSION CRITERIA. A facility licensed
126	126	[certified] under this chapter may not admit or provide treatments
127	127	or services to an individual unless the individual:
128	128	(1) is 21 years of age or younger;
129	129	(2) has been diagnosed with a severe emotional
130	130	disturbance by a licensed mental health professional;
131	131	(3) requires residential psychiatric treatment under
132	132	the direction of a licensed physician to improve the individual's
133	133	condition; and
134	134	(4) was referred for treatments or services in a
135	135	psychiatric residential [youth] treatment facility by a licensed
136	136	mental health professional.
137	137	SECTION 14. Section 577A.151, Health and Safety Code, is
138	138	amended to read as follows:
139	139	Sec. 577A.151. PENALTIES. A facility licensed [certified]
140	140	under this chapter is subject to a civil penalty under Section
141	141	571.023 or an administrative penalty under Section 571.025, as
142	142	applicable, for a violation of this chapter or a rule adopted under
143	143	this chapter.
144	144	SECTION 15. Section 32.024, Human Resources Code, is
145	145	amended by adding Subsection (ss) to read as follows:
146	146	(ss) The commission in the commission's rules and standards
147	147	governing the scope of services provided under the medical
148	148	assistance program shall include psychiatric treatment and related
149	149	services provided by a psychiatric residential treatment facility
150	150	licensed under Chapter 577A, Health and Safety Code, to the extent
151	151	permitted by federal law.
152	152	SECTION 16. Section 42.041(b), Human Resources Code, is
153	153	amended to read as follows:
154	154	(b) This section does not apply to:
155	155	(1) a state-operated facility;
156	156	(2) an agency foster home;
157	157	(3) a facility that is operated in connection with a
158	158	shopping center, business, religious organization, or
159	159	establishment where children are cared for during short periods
160	160	while parents or persons responsible for the children are attending
161	161	religious services, shopping, or engaging in other activities,
162	162	including retreats or classes for religious instruction, on or near
163	163	the premises, that does not advertise as a child-care facility or
164	164	day-care center, and that informs parents that it is not licensed by
165	165	the state;
166	166	(4) a school or class for religious instruction that
167	167	does not last longer than two weeks and is conducted by a religious
168	168	organization during the summer months;
169	169	(5) a youth camp licensed by the Department of State
170	170	Health Services;
171	171	(6) a facility licensed, operated, certified, or
172	172	registered by another state agency;
173	173	(7) an educational facility that is accredited by the
174	174	Texas Education Agency, the Southern Association of Colleges and
175	175	Schools, or an accreditation body that is a member of the Texas
176	176	Private School Accreditation Commission and that operates
177	177	primarily for educational purposes for prekindergarten and above, a
178	178	before-school or after-school program operated directly by an
179	179	accredited educational facility, or a before-school or
180	180	after-school program operated by another entity under contract with
181	181	the educational facility, if the Texas Education Agency, the
182	182	Southern Association of Colleges and Schools, or the other
183	183	accreditation body, as applicable, has approved the curriculum
184	184	content of the before-school or after-school program operated under
185	185	the contract;
186	186	(8) an educational facility that operates solely for
187	187	educational purposes for prekindergarten through at least grade
188	188	two, that does not provide custodial care for more than one hour
189	189	during the hours before or after the customary school day, and that
190	190	is a member of an organization that promulgates, publishes, and
191	191	requires compliance with health, safety, fire, and sanitation
192	192	standards equal to standards required by state, municipal, and
193	193	county codes;
194	194	(9) a kindergarten or preschool educational program
195	195	that is operated as part of a public school or a private school
196	196	accredited by the Texas Education Agency, that offers educational
197	197	programs through grade six, and that does not provide custodial
198	198	care during the hours before or after the customary school day;
199	199	(10) a family home, whether registered or listed;
200	200	(11) an educational facility that is integral to and
201	201	inseparable from its sponsoring religious organization or an
202	202	educational facility both of which do not provide custodial care
203	203	for more than two hours maximum per day, and that offers an
204	204	educational program in one or more of the
205	205	following: prekindergarten through at least grade three,
206	206	elementary grades, or secondary grades;
207	207	(12) an emergency shelter facility, other than a
208	208	facility that would otherwise require a license as a child-care
209	209	facility under this section, that provides shelter or care to a
210	210	minor and the minor's child or children, if any, under Section
211	211	32.201, Family Code, if the facility:
212	212	(A) is currently under a contract with a state or
213	213	federal agency; or
214	214	(B) meets the requirements listed under Section
215	215	51.005(b)(3);
216	216	(13) a juvenile detention facility certified under
217	217	Section 51.12, Family Code, a juvenile correctional facility
218	218	certified under Section 51.125, Family Code, a juvenile facility
219	219	providing services solely for the Texas Juvenile Justice
220	220	Department, or any other correctional facility for children
221	221	operated or regulated by another state agency or by a political
222	222	subdivision of the state;
223	223	(14) an elementary-age (ages 5-13) recreation program
224	224	operated by a municipality provided the governing body of the
225	225	municipality annually adopts standards of care by ordinance after a
226	226	public hearing for such programs, that such standards are provided
227	227	to the parents of each program participant, and that the ordinances
228	228	shall include, at a minimum, staffing ratios, minimum staff
229	229	qualifications, minimum facility, health, and safety standards,
230	230	and mechanisms for monitoring and enforcing the adopted local
231	231	standards; and further provided that parents be informed that the
232	232	program is not licensed by the state and the program may not be
233	233	advertised as a child-care facility;
234	234	(15) an annual youth camp held in a municipality with a
235	235	population of more than 1.5 million that operates for not more than
236	236	three months and that has been operated for at least 10 years by a
237	237	nonprofit organization that provides care for the homeless;
238	238	(16) a food distribution program that:
239	239	(A) serves an evening meal to children two years
240	240	of age or older; and
241	241	(B) is operated by a nonprofit food bank in a
242	242	nonprofit, religious, or educational facility for not more than two
243	243	hours a day on regular business days;
244	244	(17) a child-care facility that operates for less than
245	245	three consecutive weeks and less than 40 days in a period of 12
246	246	months;
247	247	(18) a program:
248	248	(A) in which a child receives direct instruction
249	249	in a single skill, talent, ability, expertise, or proficiency;
250	250	(B) that does not provide services or offerings
251	251	that are not directly related to the single talent, ability,
252	252	expertise, or proficiency;
253	253	(C) that does not advertise or otherwise
254	254	represent that the program is a child-care facility, day-care
255	255	center, or licensed before-school or after-school program or that
256	256	the program offers child-care services;
257	257	(D) that informs the parent or guardian:
258	258	(i) that the program is not licensed by the
259	259	state; and
260	260	(ii) about the physical risks a child may
261	261	face while participating in the program; and
262	262	(E) that conducts background checks for all
263	263	program employees and volunteers who work with children in the
264	264	program using information that is obtained from the Department of
265	265	Public Safety;
266	266	(19) an elementary-age (ages 5-13) recreation program
267	267	that:
268	268	(A) adopts standards of care, including
269	269	standards relating to staff ratios, staff training, health, and
270	270	safety;
271	271	(B) provides a mechanism for monitoring and
272	272	enforcing the standards and receiving complaints from parents of
273	273	enrolled children;
274	274	(C) does not advertise as or otherwise represent
275	275	the program as a child-care facility, day-care center, or licensed
276	276	before-school or after-school program or that the program offers
277	277	child-care services;
278	278	(D) informs parents that the program is not
279	279	licensed by the state;
280	280	(E) is organized as a nonprofit organization or
281	281	is located on the premises of a participant's residence;
282	282	(F) does not accept any remuneration other than a
283	283	nominal annual membership fee;
284	284	(G) does not solicit donations as compensation or
285	285	payment for any good or service provided as part of the program; and
286	286	(H) conducts background checks for all program
287	287	employees and volunteers who work with children in the program
288	288	using information that is obtained from the Department of Public
289	289	Safety;
290	290	(20) a living arrangement in a caretaker's home
291	291	involving one or more children or a sibling group, excluding
292	292	children who are related to the caretaker, in which the caretaker:
293	293	(A) had a prior relationship with the child or
294	294	sibling group or other family members of the child or sibling group;
295	295	(B) does not care for more than one unrelated
296	296	child or sibling group;
297	297	(C) does not receive compensation or solicit
298	298	donations for the care of the child or sibling group; and
299	299	(D) has a written agreement with the parent to
300	300	care for the child or sibling group;
301	301	(21) a living arrangement in a caretaker's home
302	302	involving one or more children or a sibling group, excluding
303	303	children who are related to the caretaker, in which:
304	304	(A) the department is the managing conservator of
305	305	the child or sibling group;
306	306	(B) the department placed the child or sibling
307	307	group in the caretaker's home; and
308	308	(C) the caretaker had a long-standing and
309	309	significant relationship with the child or sibling group, or the
310	310	family of the child or sibling group, before the child or sibling
311	311	group was placed with the caretaker;
312	312	(22) a living arrangement in a caretaker's home
313	313	involving one or more children or a sibling group, excluding
314	314	children who are related to the caretaker, in which the child is in
315	315	the United States on a time-limited visa under the sponsorship of
316	316	the caretaker or of a sponsoring organization;
317	317	(23) a facility operated by a nonprofit organization
318	318	that:
319	319	(A) does not otherwise operate as a child-care
320	320	facility that is required to be licensed under this section;
321	321	(B) provides emergency shelter and care for not
322	322	more than 15 days to children 13 years of age or older but younger
323	323	than 18 years of age who are victims of human trafficking alleged
324	324	under Section 20A.02, Penal Code;
325	325	(C) is located in a municipality with a
326	326	population of at least 600,000 that is in a county on an
327	327	international border; and
328	328	(D) meets one of the following criteria:
329	329	(i) is licensed by, or operates under an
330	330	agreement with, a state or federal agency to provide shelter and
331	331	care to children; or
332	332	(ii) meets the eligibility requirements for
333	333	a contract under Section 51.005(b)(3);
334	334	(24) a facility that provides respite care exclusively
335	335	for a local mental health authority under a contract with the local
336	336	mental health authority; [or]
337	337	(25) a living arrangement in a caretaker's home
338	338	involving one or more children or a sibling group in which the
339	339	caretaker:
340	340	(A) has a written authorization agreement under
341	341	Chapter 34, Family Code, with the parent of each child or sibling
342	342	group to care for each child or sibling group;
343	343	(B) does not care for more than six children,
344	344	excluding children who are related to the caretaker; and
345	345	(C) does not receive compensation for caring for
346	346	any child or sibling group; or
347	347	(26) a psychiatric residential treatment facility
348	348	licensed under Chapter 577A, Health and Safety Code.
349	349	SECTION 17. Section 577A.003, Health and Safety Code, is
350	350	repealed.
351	351	SECTION 18. As soon as practicable after the effective date
352	352	of this Act, the executive commissioner of the Health and Human
353	353	Services Commission shall adopt rules as necessary to implement the
354	354	changes in law made by this Act.
355	355	SECTION 19. If before implementing any provision of this
356	356	Act a state agency determines that a waiver or authorization from a
357	357	federal agency is necessary for implementation of that provision,
358	358	the agency affected by the provision shall request the waiver or
359	359	authorization and may delay implementing that provision until the
360	360	waiver or authorization is granted.
361	361	SECTION 20. Notwithstanding the changes in law made by this
362	362	Act to Chapter 577A, Health and Safety Code, a psychiatric
363	363	residential treatment facility that is licensed under Chapter 42,
364	364	Human Resources Code, on the effective date of this Act is not
365	365	required to be licensed under Chapter 577A, Health and Safety Code,
366	366	until the expiration of the facility's license under Chapter 42,
367	367	Human Resources Code.
368	368	SECTION 21. This Act takes effect September 1, 2025.