Bill Text: TX HB309 | 2017-2018 | 85th Legislature | Introduced
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) 2017-02-15 - Referred to Public Health [HB309 Detail]
Download: Texas-2017-HB309-Introduced.html
By: Johnson of Harris | H.B. No. 309 |
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relating to the establishment of a home and community-based | ||
services program under Medicaid 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 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 of State Health Services, in operating | ||
the program, may provide or coordinate with other entities for the | ||
provision of housing, employment, family, peer counseling, and | ||
education supports to persons participating in the program. | ||
(c) The executive commissioner 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, 2017. |