Bill Text: TX SB10 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the creation of the Texas Mental Health Care Consortium.

Spectrum: Slight Partisan Bill (Republican 19-12)

Status: (Engrossed) 2019-03-06 - Received from the Senate [SB10 Detail]

Download: Texas-2019-SB10-Engrossed.html
 
 
  By: Nelson, et al. S.B. No. 10
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Texas Mental Health Care
  Consortium.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 113 to read as follows:
  CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 113.0001.  DEFINITIONS. In this chapter:
               (1)  "Community mental health provider" means an entity
  that provides mental health care services at a local level. The
  term includes community centers established under Subchapter A,
  Chapter 534.
               (2)  "Consortium" means the Texas Mental Health Care
  Consortium.
               (3)  "Executive committee" means the executive
  committee of the consortium.
  SUBCHAPTER B. CONSORTIUM
         Sec. 113.0051.  ESTABLISHMENT; PURPOSE. The Texas Mental
  Health Care Consortium is established to:
               (1)  leverage the expertise and capacity in the
  health-related institutions of higher education listed in Section
  113.0052 to address urgent mental health challenges and improve the
  mental health care system in this state;
               (2)  enhance the state's ability to address mental
  health care needs through stronger collaboration and institutional
  alignment of the health-related institutions of higher education
  listed in Section 113.0052;
               (3)  improve the effectiveness and efficiency of mental
  health care services delivered in this state;
               (4)  facilitate access to mental health care services
  through telemedicine, telehealth, and other cost-effective,
  evidence-based programs;
               (5)  improve mental health and substance use disorder
  research efforts conducted by health-related institutions of
  higher education; and
               (6)  improve and expand the psychiatric workforce
  through training and development opportunities between the
  health-related institutions of higher education listed in Section
  113.0052 and community mental health providers.
         Sec. 113.0052.  COMPOSITION. The consortium is composed of:
               (1)  the following health-related institutions of
  higher education:
                     (A)  Baylor College of Medicine;
                     (B)  The Texas A&M University System Health
  Science Center;
                     (C)  Texas Tech University Health Sciences
  Center;
                     (D)  Texas Tech University Health Sciences Center
  at El Paso;
                     (E)  University of North Texas Health Science
  Center at Fort Worth;
                     (F)  Dell Medical School at The University of
  Texas at Austin;
                     (G)  The University of Texas Medical Branch at
  Galveston;
                     (H)  The University of Texas Health Science Center
  at Houston;
                     (I)  The University of Texas Health Science Center
  at San Antonio;
                     (J)  The University of Texas Rio Grande Valley
  School of Medicine;
                     (K)  The University of Texas Health Science Center
  at Tyler; and
                     (L)  The University of Texas Southwestern Medical
  Center;
               (2)  the commission;
               (3)  three nonprofit organizations that focus on mental
  health care, designated by a majority of the members described by
  Subdivision (1); and
               (4)  any other entity that the executive committee
  considers necessary.
         Sec. 113.0053.  ADMINISTRATIVE ATTACHMENT. (a)  The
  consortium is administratively attached to the Texas Higher
  Education Coordinating Board for the purpose of receiving and
  administering appropriations and other funds under this chapter.  
  The board is not responsible for providing to the consortium staff
  human resources, contract monitoring, purchasing, or any other
  administrative support services.
         (b)  The Texas Higher Education Coordinating Board may not
  use funds intended to carry out the purposes of this chapter for any
  costs incurred by the board under this chapter.
  SUBCHAPTER C. EXECUTIVE COMMITTEE
         Sec. 113.0101.  EXECUTIVE COMMITTEE COMPOSITION. The
  consortium is governed by an executive committee composed of the
  following members:
               (1)  the chair of the academic department of psychiatry
  of each of the health-related institutions of higher education
  listed in Section 113.0052;
               (2)  a representative of the commission with expertise
  in the delivery of mental health care services, appointed by the
  executive commissioner;
               (3)  a representative of the commission with expertise
  in mental health facilities, appointed by the executive
  commissioner;
               (4)  a representative of an organization that
  represents the interests of community centers established under
  Subchapter A, Chapter 534, designated by a majority of the members
  described by Subdivision (1);
               (5)  a representative of each nonprofit organization
  described by Section 113.0052 that is part of the consortium,
  designated by a majority of the members described by Subdivision
  (1); and
               (6)  any other representative designated by a majority
  of the members described by Subdivision (1) at the request of the
  executive committee.
         Sec. 113.0102.  PRESIDING OFFICER. The executive committee
  shall elect a presiding officer from among the membership of the
  executive committee.
         Sec. 113.0103.  MEETINGS. The executive committee shall
  meet at the call of the presiding officer.
         Sec. 113.0104.  VACANCY. A vacancy on the executive
  committee shall be filled in the same manner as the original
  appointment.
  SUBCHAPTER D. POWERS AND DUTIES
         Sec. 113.0151.  GENERAL DUTIES. (a)  The executive
  committee shall:
               (1)  coordinate the provision of funding to the
  health-related institutions of higher education listed in Section
  113.0052 to carry out the purposes of this chapter;
               (2)  establish procedures and policies for the
  administration of funds under this chapter;
               (3)  monitor funding and agreements entered into under
  this chapter to ensure recipients of funding comply with the terms
  and conditions of the funding and agreements; and
               (4)  establish procedures to document compliance by
  executive committee members and staff with applicable laws
  governing conflicts of interest.
         (b)  In carrying out the duties under Subsection (a), the
  consortium shall ensure that evidence-based tools, including
  telemedicine and telehealth, are used to help expand the delivery
  of mental health care services.
         (c)  The consortium shall designate a member of the executive
  committee to represent the consortium on the statewide behavioral
  health coordinating council.
         Sec. 113.0152.  ACCESS TO CARE; CHILD PSYCHIATRY ACCESS
  NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS. (a)  The
  consortium shall establish a statewide network of comprehensive
  child psychiatry access centers at the health-related institutions
  of higher education listed in Section 113.0052.  A center
  established under this section shall collaborate with community
  mental health providers to better care for children and youth with
  behavioral health needs by providing consultation services and
  training opportunities for pediatricians and primary care
  providers operating in the center's geographic region.
         (b)  The consortium shall establish or expand telemedicine
  or telehealth programs at health-related institutions of higher
  education listed in Section 113.0052 for identifying and assessing
  behavioral health needs and providing access to mental health care
  services.  The consortium shall develop a statewide plan to
  implement this subsection that makes the behavioral health needs of
  at-risk children and adolescents a priority.
         (c)  A health-related institution of higher education listed
  in Section 113.0052 may enter into a memorandum of understanding
  with a community mental health provider to carry out Subsection (a)
  or (b).
         (d)  The consortium shall leverage the resources of a
  hospital system to carry out Subsection (a) or (b) if the hospital
  system:
               (1)  provides consultation services and training
  opportunities for pediatricians and primary care providers that are
  consistent with those described by Subsection (a); and
               (2)  has an existing telemedicine or telehealth program
  for identifying and assessing the behavioral health needs of and
  providing access to mental health care services for children and
  adolescents.
         Sec. 113.0153.  MENTAL HEALTH RESEARCH PLAN. (a)  The
  consortium shall:
               (1)  develop and implement a mental health research
  plan to advance the research component of the statewide behavioral
  health strategic plan;
               (2)  create an aggregated inventory of mental health
  and substance use disorder research completed by institutions of
  higher education in this state; and
               (3)  coordinate mental health and substance use
  disorder research efforts by the health-related institutions of
  higher education listed in Section 113.0052 to ensure those
  institutions engage in effective and targeted research to leverage
  additional funding.
         (b)  The executive committee shall establish a process for
  the selection of research projects to fund under this section.  The
  process must evaluate research projects based on their alignment
  with the statewide behavioral health strategic plan and
  multi-institutional collaboration among the health-related
  institutions of higher education listed in Section 113.0052.
         (c)  Data on or personally identifying information of a
  person obtained under Section 113.0152 may not be used for a
  research project funded under this section.
         Sec. 113.0154.  PSYCHIATRY WORKFORCE EXPANSION PROJECT.
  (a)  The consortium shall enhance collaboration between the
  health-related institutions of higher education listed in Section
  113.0052 and community mental health providers to increase
  psychiatric residency training and improve the quality of care for
  persons receiving mental health care services in this state.
         (b)  The executive committee may provide funding to the
  academic department of psychiatry at a health-related institution
  of higher education listed in Section 113.0052 for the purpose of
  funding:
               (1)  one full-time psychiatrist who treats adults or
  one full-time psychiatrist who treats children and adolescents to
  serve as academic medical director for a community mental health
  provider; and
               (2)  two resident rotation positions.
         (c)  An academic medical director described by Subsection
  (b) shall collaborate and coordinate with community mental health
  providers to expand the amount and availability of mental health
  care resources by:
               (1)  developing training opportunities for residents
  and medical students; and
               (2)  promoting the use of telemedicine, telehealth, or
  other evidence-based tools to provide comprehensive mental health
  care services to a greater population.
         (d)  An institution of higher education that receives
  funding under Subsection (b) shall require that psychiatric
  residents participate in rotations through a facility operated by a
  community mental health provider.
         Sec. 113.0155.  CONSENT REQUIRED FOR SERVICES TO MINOR.
  (a)  A person may provide mental health care services to a child
  younger than 18 years of age through a program established under
  this chapter only if the person obtains the written consent of the
  parent, legal guardian, or caretaker of the child.
         (b)  The consortium shall develop and post on its Internet
  website a model form for a parent, legal guardian, or caretaker to
  provide consent under this section.
         (c)  This section does not apply to services provided by a
  school counselor in accordance with Section 33.005, 33.006, or
  33.007, Education Code.
         Sec. 113.0156.  REIMBURSEMENT FOR SERVICES.  A child
  psychiatry access center established under Section 113.0152 may not
  submit an insurance claim or charge a pediatrician or primary care
  provider a fee for providing consultation services or training
  opportunities under that section.
         Sec. 113.0157.  ANNUAL REPORT. Not later than November 1 of
  each year, the consortium shall submit to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and the standing committee of each house of the legislature with
  primary jurisdiction over behavioral health issues and post on its
  Internet website a written report that outlines:
               (1)  the activities and objectives of the consortium;
               (2)  the health-related institutions of higher
  education listed in Section 113.0052 that receive funding by the
  executive committee; and
               (3)  any research accomplishments associated with the
  consortium.
  SUBCHAPTER E. MISCELLANEOUS PROVISIONS
         Sec. 113.0201.  JUDICIAL INSTRUCTION REGARDING MENTAL
  HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas
  Court of Criminal Appeals, in consultation with the consortium,
  shall develop a training program to educate and inform designated
  judges and their staff on mental health care resources available
  within the geographic region in which the designated judges
  preside.  The Supreme Court of Texas and the Texas Court of Criminal
  Appeals may develop and operate the training program in conjunction
  with any other training programs.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission and the members of the executive committee
  described by Section 113.0101(1), Health and Safety Code, as added
  by this Act, shall make the appointments and designations required
  by Section 113.0101, 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, 2019.
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