Bill Text: TX HB205 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the allocation of outpatient mental health services and beds in certain mental health facilities and the commitment of certain persons to receive mental health services.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Engrossed - Dead) 2013-05-07 - Referred to Health & Human Services [HB205 Detail]
Download: Texas-2013-HB205-Engrossed.html
83R21883 EES-D | ||
By: McClendon, Kolkhorst, Burkett, | H.B. No. 205 | |
J. Davis of Harris, Rose, et al. |
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relating to the allocation of outpatient mental health services and | ||
beds in certain mental health facilities and the commitment of | ||
certain persons to receive mental health services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 533, Health and Safety | ||
Code, is amended by adding Sections 533.051, 533.052, and 533.053 | ||
to read as follows: | ||
Sec. 533.051. ALLOCATION OF OUTPATIENT MENTAL HEALTH | ||
SERVICES AND BEDS IN STATE HOSPITALS. (a) To ensure the | ||
appropriate and timely provision of mental health services to | ||
patients who voluntarily receive those services or who are ordered | ||
by a court to receive those services in civil or criminal | ||
proceedings, the department, in conjunction with the commission, | ||
shall plan for the proper and separate allocation of outpatient or | ||
community-based mental health services provided by secure and | ||
nonsecure outpatient facilities that provide residential care | ||
alternatives and mental health services and for the proper and | ||
separate allocation of beds in the state hospitals for the | ||
following two groups of patients: | ||
(1) patients who are voluntarily receiving outpatient | ||
or community-based mental health services, voluntarily admitted to | ||
a state hospital under Chapter 572, admitted to a state hospital for | ||
emergency detention under Chapter 573, or ordered by a court under | ||
Chapter 574 to receive inpatient mental health services at a state | ||
hospital or outpatient mental health services from an outpatient | ||
facility that provides residential care alternatives and mental | ||
health services; and | ||
(2) patients who are ordered to participate in an | ||
outpatient treatment program to attain competency to stand trial | ||
under Chapter 46B, Code of Criminal Procedure, or committed to a | ||
state hospital or other facility to attain competency to stand | ||
trial under Chapter 46B, Code of Criminal Procedure, or to receive | ||
inpatient mental health services following an acquittal by reason | ||
of insanity under Chapter 46C, Code of Criminal Procedure. | ||
(b) The plan developed by the department under Subsection | ||
(a) must include: | ||
(1) a determination of the needs for outpatient mental | ||
health services of the two groups of patients described by | ||
Subsection (a); | ||
(2) a determination of the minimum number of beds that | ||
the state hospital system must maintain to adequately serve the two | ||
groups of patients; | ||
(3) a statewide plan for and the allocation of | ||
sufficient funds for meeting the outpatient mental health service | ||
needs of and for the maintenance of beds by the state hospitals for | ||
the two groups of patients; and | ||
(4) a process to address and develop, without adverse | ||
impact to local service areas, the accessibility and availability | ||
of sufficient outpatient mental health services provided to and | ||
beds provided by the state hospitals to the two groups of patients | ||
based on the success of contractual outcomes with mental health | ||
service providers and facilities under Sections 533.034 and | ||
533.052. | ||
(c) To assist in the development of the plan under | ||
Subsection (a), the department shall establish and meet at least | ||
monthly with an advisory panel composed of the following persons: | ||
(1) one representative designated by the Texas | ||
Department of Criminal Justice; | ||
(2) one representative designated by the Texas | ||
Association of Counties; | ||
(3) two representatives designated by the Texas | ||
Council of Community Centers, including one representative of an | ||
urban local service area and one representative of a rural local | ||
service area; | ||
(4) two representatives designated by the County | ||
Judges and Commissioners Association of Texas, including one | ||
representative who is the presiding judge of a court with | ||
jurisdiction over mental health matters; | ||
(5) one representative designated by the Sheriffs' | ||
Association of Texas; | ||
(6) two representatives designated by the Texas | ||
Municipal League, including one representative who is a municipal | ||
law enforcement official; | ||
(7) one representative designated by the Texas | ||
Conference of Urban Counties; | ||
(8) one representative designated by the Texas | ||
Catalyst for Empowerment; and | ||
(9) four representatives designated by the Department | ||
of State Health Services' Council for Advising and Planning for the | ||
Prevention and Treatment of Mental and Substance Use Disorders, | ||
including: | ||
(A) the chair of the council; | ||
(B) one representative of the council's members | ||
who is a consumer of or advocate for mental health services; | ||
(C) one representative of the council's members | ||
who is a consumer of or advocate for substance abuse treatment; and | ||
(D) one representative of the council's members | ||
who is a family member of or advocate for persons with mental health | ||
and substance abuse disorders. | ||
(d) In developing the plan under Subsection (a), the | ||
department and advisory panel shall consider: | ||
(1) needs for outpatient mental health services of the | ||
two groups of patients described by Subsection (a); | ||
(2) the frequency of use of beds and the historical | ||
patterns of use of beds in the state hospitals and other facilities | ||
by the two groups of patients; | ||
(3) local needs and demands for outpatient mental | ||
health services by the two groups of patients; | ||
(4) local needs and demands for beds in the state | ||
hospitals and other facilities for the two groups of patients; | ||
(5) the availability of outpatient mental health | ||
service providers and inpatient mental health facilities that may | ||
be contracted with to provide outpatient mental health services and | ||
beds for the two groups of patients; | ||
(6) the differences between the two groups of patients | ||
with regard to: | ||
(A) admission to and discharge from a state | ||
hospital or outpatient facility; | ||
(B) rapid stabilization and discharge to the | ||
community; | ||
(C) length of stay in a state hospital or | ||
outpatient facility; | ||
(D) disputes arising from the determination of a | ||
patient's length of stay in a state hospital by a health maintenance | ||
organization or a managed care organization; | ||
(E) third-party billing; and | ||
(F) legal challenges or requirements related to | ||
the examination and treatment of the patients; and | ||
(7) public input provided to the department or | ||
advisory panel in a form and at a time and place that is effective | ||
and appropriate and in a manner that complies with any applicable | ||
laws, including administrative rules. | ||
(e) The department shall update the plan biennially. | ||
(f) Not later than December 31, 2013, the department, in | ||
conjunction with the advisory panel, shall develop the initial | ||
version of the plan required by Subsection (a). | ||
(g) Not later than August 31, 2014, the department shall: | ||
(1) identify standards and methodologies for the | ||
implementation of the plan required by Subsection (a); and | ||
(2) begin implementing the plan. | ||
(h) Not later than December 1, 2014, the department shall | ||
submit a report to the legislature and governor that includes the | ||
initial version of the plan, the status of the plan's | ||
implementation, and the impact of the plan on the delivery of | ||
services. | ||
(i) While the plan required by Subsection (a) is being | ||
developed and implemented, the department may not, pursuant to any | ||
rule, contract, or directive, impose a sanction, penalty, or fine | ||
on a local mental health authority for the authority's | ||
noncompliance with any methodology or standard adopted or applied | ||
by the department relating to the allocation of beds by authorities | ||
for the two groups of patients described by Subsection (a). | ||
Sec. 533.052. CONTRACTING WITH CERTAIN MENTAL HEALTH | ||
SERVICE PROVIDERS AND FACILITIES TO PROVIDE SERVICES AND BEDS FOR | ||
CERTAIN PERSONS. The department shall make every effort, through | ||
collaboration and contractual arrangements with local mental | ||
health authorities, to contract with and use a broad base of local | ||
community outpatient mental health service providers and inpatient | ||
mental health facilities, as appropriate, to make available a | ||
sufficient and appropriately located amount of outpatient mental | ||
health services and a sufficient and appropriately located number | ||
of beds in inpatient mental health facilities, as specified in the | ||
plan developed by the department under Section 533.051, to ensure | ||
the appropriate and timely provision of mental health services to | ||
the two groups of patients described by Section 533.051(a). | ||
Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The | ||
department shall develop and implement a procedure through which a | ||
court that has the authority to commit a person who is incompetent | ||
to stand trial or who has been acquitted by reason of insanity under | ||
Chapters 46B and 46C, Code of Criminal Procedure, is aware of all of | ||
the commitment options for the person, including jail diversion and | ||
community-based programs. | ||
SECTION 2. Not later than May 1, 2014, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt any rules necessary to implement Section 533.051, Health and | ||
Safety Code, as added by this Act, and the rules required by Section | ||
533.053, Health and Safety Code, as added by this Act. | ||
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, 2013. |