Bill Text: TX HB3121 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to a voluntary quality standards certification process for certain private residential psychiatric treatment facilities that provide treatments and services to youth; imposing fees; authorizing civil and administrative penalties.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB3121 Detail]
Download: Texas-2021-HB3121-Enrolled.html
H.B. No. 3121 |
|
||
relating to a voluntary quality standards certification process for | ||
certain private residential psychiatric treatment facilities that | ||
provide treatments and services to youth; imposing fees; | ||
authorizing civil and administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as Alec's Law. | ||
SECTION 2. Subtitle C, Title 7, Health and Safety Code, is | ||
amended by adding Chapter 577A to read as follows: | ||
CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 577A.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the commission. | ||
(3) "Psychiatric residential youth treatment | ||
facility" means a private facility that provides psychiatric health | ||
treatments and services in a residential, nonhospital setting | ||
exclusively to individuals who are 21 years of age or younger and is | ||
licensed as a general residential operation under Chapter 42, Human | ||
Resources Code. The term includes a facility that provides room and | ||
board. | ||
(4) "Severe emotional disturbance" means a mental, | ||
behavioral, or emotional disorder of sufficient duration to result | ||
in functional impairment that substantially interferes with or | ||
limits an individual's role or ability to function in family, | ||
school, or community activities. | ||
Sec. 577A.002. EXEMPTIONS. This chapter does not apply to: | ||
(1) a mental hospital; or | ||
(2) a private mental hospital or other mental health | ||
facility licensed under Chapter 577. | ||
Sec. 577A.003. LICENSING AND OTHER REQUIREMENTS NOT | ||
AFFECTED. This chapter does not affect any licensing or other | ||
requirements of or create a separate license for a psychiatric | ||
residential youth treatment facility under Chapter 42, Human | ||
Resources Code. | ||
Sec. 577A.004. RULES. The executive commissioner shall | ||
adopt rules necessary to implement this chapter. | ||
SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS | ||
Sec. 577A.051. VOLUNTARY QUALITY STANDARDS CERTIFICATION. | ||
The commission shall, using existing resources to the extent | ||
feasible, develop and implement a voluntary quality standards | ||
certification process to certify a psychiatric residential youth | ||
treatment facility that meets standards for certification under | ||
this chapter. | ||
Sec. 577A.052. CERTIFICATE APPLICATION. (a) To obtain a | ||
certificate under this chapter, an applicant must submit to the | ||
commission an application in the form and manner prescribed by the | ||
commission. | ||
(b) Each application must be accompanied by a fee | ||
established by the executive commissioner under Section 577A.053. | ||
Sec. 577A.053. FEES. The executive commissioner by rule | ||
shall establish a nonrefundable certificate application fee and a | ||
nonrefundable certificate renewal fee in amounts necessary to cover | ||
the costs of administering this chapter. | ||
Sec. 577A.054. ISSUANCE AND RENEWAL OF CERTIFICATE. (a) | ||
The commission shall issue a certificate to an applicant if on | ||
inspection and investigation the commission determines the | ||
applicant meets the requirements of this chapter and commission | ||
rules. The commission may not issue to an applicant a certificate | ||
under this chapter unless the applicant is licensed as a general | ||
residential operation under Chapter 42, Human Resources Code. | ||
(b) A certificate issued under this chapter expires on the | ||
second anniversary of the date the certificate is issued or | ||
renewed. | ||
(c) The commission shall renew a certificate if: | ||
(1) the certificate holder submits to the commission a | ||
fee established by the executive commissioner under Section | ||
577A.053; and | ||
(2) on inspection and investigation the commission | ||
determines the certificate holder meets the requirements of this | ||
chapter and commission rules. | ||
Sec. 577A.055. INSPECTIONS. In addition to the inspections | ||
required under Section 577A.054, the commission shall conduct an | ||
inspection not later than the first anniversary of the date a | ||
certificate is issued or renewed to ensure the certificate holder | ||
remains in compliance with the requirements of this chapter and | ||
commission rules. | ||
SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL | ||
YOUTH TREATMENT FACILITIES | ||
Sec. 577A.101. MINIMUM STANDARDS. The executive | ||
commissioner by rule shall establish minimum standards for the | ||
certification of psychiatric residential youth treatment | ||
facilities under this chapter. The minimum standards must require | ||
a facility to: | ||
(1) obtain accreditation by The Joint Commission, the | ||
Commission on Accreditation of Rehabilitation Facilities, the | ||
Council on Accreditation, or another accrediting organization | ||
approved by the commission; and | ||
(2) provide and prescribe guidelines for the provision | ||
of the following activities, treatments, and services: | ||
(A) development and implementation of individual | ||
plans of care, including the provision of services provided by a | ||
licensed psychiatrist or physician to develop individual plans of | ||
care; | ||
(B) individual therapy; | ||
(C) family engagement activities; | ||
(D) consultation services with qualified | ||
professionals, including case managers, primary care | ||
professionals, community-based mental health providers, school | ||
staff, and other support planners; | ||
(E) 24-hour nursing services; and | ||
(F) direct care and supervision services, | ||
supportive services for daily living and safety, and positive | ||
behavior management services. | ||
Sec. 577A.102. ADMISSION CRITERIA. A facility certified | ||
under this chapter may not admit or provide treatments or services | ||
to an individual unless the individual: | ||
(1) is 21 years of age or younger; | ||
(2) has been diagnosed with a severe emotional | ||
disturbance by a licensed mental health professional; | ||
(3) requires residential psychiatric treatment under | ||
the direction of a licensed physician to improve the individual's | ||
condition; and | ||
(4) was referred for treatments or services in a | ||
psychiatric residential youth treatment facility by a licensed | ||
mental health professional. | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 577A.151. PENALTIES. A facility certified under this | ||
chapter is subject to a civil penalty under Section 571.023 or an | ||
administrative penalty under Section 571.025, as applicable, for a | ||
violation of this chapter or a rule adopted under this chapter. | ||
SECTION 3. Section 577.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 577.002. EXEMPTIONS [ |
||
A mental health facility operated by the department or a federal | ||
agency need not be licensed under this chapter. | ||
(b) This chapter does not apply to a psychiatric residential | ||
youth treatment facility certified under Chapter 577A. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Chapter 577A, Health and Safety Code, as added by this Act. | ||
SECTION 5. If the legislature does not appropriate money | ||
specifically for the purpose of implementing a provision of this | ||
Act, the Health and Human Services Commission may, but is not | ||
required to, implement a provision of this Act using other | ||
appropriations that are available for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3121 was passed by the House on May | ||
13, 2021, by the following vote: Yeas 97, Nays 44, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3121 on May 28, 2021, by the following vote: Yeas 95, Nays 53, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3121 was passed by the Senate, with | ||
amendments, on May 26, 2021, by the following vote: Yeas 27, Nays | ||
4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |