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.
Sponsorship: Partisan Bill (Democrat 1)
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. | ||
