Bill Text: TX HB1393 | 2015-2016 | 84th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the establishment of a home and community-based services program under Medicaid for certain persons with severe and persistent mental illness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-05 - Committee report sent to Calendars [HB1393 Detail]

Download: Texas-2015-HB1393-Introduced.html

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84R3874 EES-F
By: Turner of Harris H.B. No. 1393

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a home and community-based
services program under the Medicaid program for certain persons
with severe and persistent mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0216 to read as follows:
Sec. 32.0216. HOME AND COMMUNITY-BASED SERVICES PROGRAM.
(a) The Health and Human Services Commission, in conjunction with
the Department of State Health Services, shall establish a home and
community-based services program as part of the medical assistance
program for persons with severe and persistent mental illness who
are at the greatest risk of institutionalization, including the
following persons:
(1) persons who have been found incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure, and who are
transitioning from receiving inpatient mental health services to
outpatient mental health services;
(2) persons who have been ordered to receive
outpatient mental health services following an acquittal by reason
of insanity under Chapter 46C, Code of Criminal Procedure;
(3) persons who have been ordered by a court to receive
inpatient mental health services under Chapter 574, Health and
Safety Code, three or more times in a two-year period;
(4) persons with severe and persistent mental illness
who have been confined in a county jail and charged with an offense
three or more times in a two-year period; and
(5) children and adults who are experiencing a first
episode of psychosis.
(b) The department, in operating the program, may provide or
coordinate with other entities for the provision of housing,
employment, family, and education supports to persons
participating in the program.
(c) The executive commissioner of the commission by rule
shall develop needs-based criteria to determine a person's
eligibility for the program. In adopting the rules, the executive
commissioner shall consider the funds available for the program.
The executive commissioner shall adopt any other rules necessary to
implement the program established under this section, including
rules that define what constitutes a severe and persistent mental
illness for purposes of this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission shall
collaborate with the Department of State Health Services to develop
and seek approval of an amendment to the state Medicaid plan under
Section 1915(i), Social Security Act (42 U.S.C. Section 1396n(i)),
to receive federal funding under the Medicaid program for the
program established under Section 32.0216, Human Resources Code, as
added by this Act.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2015.