Bill Text: TX HB4265 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the provision of peer services, including family partner peer support services by family partners, and the provision of those services under Medicaid.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Human Services [HB4265 Detail]
Download: Texas-2021-HB4265-Introduced.html
| 87R4979 JG-F | ||
| By: Rose | H.B. No. 4265 | |
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| relating to the provision of peer services, including family | ||
| partner peer support services by family partners, and the provision | ||
| of those services under Medicaid. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 531.0999(a), Government Code, as added | ||
| by Chapter 1015 (H.B. 1486), Acts of the 85th Legislature, Regular | ||
| Session, 2017, is amended to read as follows: | ||
| (a) With input from mental health and substance use peer | ||
| specialists and the work group described by Subsection (b), the | ||
| commission shall develop and the executive commissioner shall | ||
| adopt: | ||
| (1) rules that establish training requirements for | ||
| peer specialists so that they are able to provide services to | ||
| persons with mental illness or services to persons with substance | ||
| use conditions; | ||
| (2) rules that establish certification and | ||
| supervision requirements for peer specialists; | ||
| (3) rules that define the scope of services that peer | ||
| specialists may provide; | ||
| (4) rules that distinguish peer services from other | ||
| services that a person must hold a license to provide; [ |
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| (5) rules that require the provision of peer services | ||
| by a peer specialist to persons who: | ||
| (A) are 18 years of age or older but younger than | ||
| 22 years of age; and | ||
| (B) request to receive those services; and | ||
| (6) any other rules necessary to protect the health | ||
| and safety of persons receiving peer services. | ||
| SECTION 2. Subchapter B, Chapter 531, Government Code, is | ||
| amended by adding Section 531.09991 to read as follows: | ||
| Sec. 531.09991. PROVISION OF FAMILY PARTNER PEER SUPPORT | ||
| SERVICES BY FAMILY PARTNERS. (a) With input from family partners | ||
| and the work group established under Subsection (b), the commission | ||
| shall develop and the executive commissioner shall adopt: | ||
| (1) rules that establish training requirements for | ||
| family partners so that they are able to provide family partner peer | ||
| support services to families of children and youth with mental | ||
| illness or substance use conditions; | ||
| (2) rules that establish certification and | ||
| supervision requirements for family partners; | ||
| (3) rules that define the scope of services that | ||
| family partners may provide; | ||
| (4) rules that distinguish family partner peer support | ||
| services from other services a person must hold a license or | ||
| certificate to provide; | ||
| (5) rules that require the provision of family partner | ||
| peer support services by a family partner to persons who: | ||
| (A) are 18 years of age or older but younger than | ||
| 22 years of age; and | ||
| (B) request to receive those services; and | ||
| (6) any other rules necessary to protect the health | ||
| and safety of persons receiving family partner peer support | ||
| services. | ||
| (b) The commission shall establish a stakeholder work group | ||
| to provide input for the adoption of rules under Subsection (a). | ||
| The work group is composed of the following stakeholders appointed | ||
| by the executive commissioner: | ||
| (1) one representative of each organization | ||
| identified by the commission that certifies mental health and | ||
| substance use peer specialists and family partners in this state; | ||
| (2) one representative of a local mental health | ||
| authority located in a rural area that employs a family partner; | ||
| (3) one representative of a local mental health | ||
| authority located in an urban area that employs a family partner; | ||
| (4) one family partner certified at an advanced or | ||
| master level who works in a rural area; | ||
| (5) one family partner certified at an advanced or | ||
| master level who works in an urban area; | ||
| (6) one family partner certified at an advanced or | ||
| master level who works with families of children or youth with a | ||
| dual diagnosis of a mental illness and substance use condition; | ||
| (7) one family partner certified at an advanced or | ||
| master level who provides services to a child with a dual diagnosis | ||
| of a mental illness and developmental disability; | ||
| (8) the designated family engagement specialist under | ||
| the Texas System of Care Framework implemented under Section | ||
| 531.251; | ||
| (9) representatives of the peer and family partner | ||
| subcommittee of the behavioral health advisory committee, | ||
| including at least one member of the subcommittee who is a youth | ||
| representative; | ||
| (10) two individuals who conduct family partner | ||
| certification training; | ||
| (11) one family partner certified at the master level | ||
| who serves as a supervisor to family partners; | ||
| (12) one transition aged youth specialist who serves | ||
| on the behavioral health advisory committee or the child and youth | ||
| behavioral health subcommittee of the behavioral health advisory | ||
| committee; and | ||
| (13) any other person considered appropriated by the | ||
| executive commissioner. | ||
| (c) The executive commissioner shall appoint one member of | ||
| the work group to serve as presiding officer. | ||
| (d) The work group shall meet once every month. | ||
| (e) The work group is automatically abolished on the | ||
| adoption of rules under Subsection (a). | ||
| (f) If the executive commissioner has not adopted rules | ||
| under Subsection (a) by September 1, 2022, the executive | ||
| commissioner shall submit on that date a written report to the | ||
| governor, the lieutenant governor, the speaker of the house of | ||
| representatives, the chair of the Senate Health and Human Services | ||
| Committee or its successor, and the chair of the House Public Health | ||
| Committee or its successor explaining why the rules have not yet | ||
| been adopted. This subsection expires September 1, 2023. | ||
| SECTION 3. Section 32.024, Human Resources Code, is amended | ||
| by adding Subsection (ll) to read as follows: | ||
| (ll) The commission in its rules and standards governing the | ||
| scope of services provided under the medical assistance program | ||
| shall include family partner peer support services provided by | ||
| certified family partners to the extent permitted by federal law. | ||
| SECTION 4. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall: | ||
| (1) appoint the members of the stakeholder work group | ||
| established by Section 531.09991(b), Government Code, as added by | ||
| this Act; and | ||
| (2) adopt the rules required by Section 531.0999(a), | ||
| Government Code, as amended by this Act, and Section 531.09991(a), | ||
| Government Code, as added by this Act. | ||
| SECTION 5. 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 6. 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, 2021. | ||
