Bill Text: TX SB1751 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the allocation of beds in and the commitment of certain persons to certain mental health facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Health & Human Services [SB1751 Detail]
Download: Texas-2013-SB1751-Introduced.html
83R2135 EES-D | ||
By: Uresti | S.B. No. 1751 |
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relating to the allocation of beds in and the commitment of certain | ||
persons to certain mental health facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 533, Health and Safety | ||
Code, is amended by adding Sections 533.051, 533.052, and 533.053 | ||
to read as follows: | ||
Sec. 533.051. ALLOCATION OF BEDS IN STATE HOSPITALS. (a) | ||
The commission shall plan separately for the allocation of beds in | ||
the state hospitals for the following two groups of patients: | ||
(1) patients who are voluntarily admitted to a state | ||
hospital under Chapter 572, admitted to a state hospital for | ||
emergency detention under Chapter 573, or ordered by a court to | ||
receive inpatient mental health services at a state hospital under | ||
Chapter 574; and | ||
(2) patients who are committed to a state hospital for | ||
an examination of competency or to attain competency to stand trial | ||
under Chapter 46B, Code of Criminal Procedure, or to receive | ||
inpatient mental health services following an acquittal by reason | ||
of insanity under Chapter 46C, Code of Criminal Procedure. | ||
(b) The plan developed by the commission under Subsection | ||
(a) must include: | ||
(1) separate determinations of the minimum numbers of | ||
beds that the state hospital system is required to maintain for the | ||
two groups of patients described by Subsection (a); | ||
(2) a statewide plan for the separate allocation of | ||
funds for the maintenance of beds by the state hospitals for the two | ||
groups of patients; and | ||
(3) a process to adjust the number of beds made | ||
available to the two groups of patients based on the success the | ||
commission has in contracting with private mental health facilities | ||
under Sections 533.034 and 533.052. | ||
(c) In developing a plan under Subsection (a), the | ||
commission shall consider: | ||
(1) the frequency of use of beds and the historical | ||
patterns of use of beds in each state hospital by the two groups of | ||
patients described by Subsection (a); | ||
(2) local needs and demands for beds in each state | ||
hospital for the two groups of patients; | ||
(3) the availability of private mental health | ||
facilities with which the commission may contract to provide beds | ||
for the two groups of patients; and | ||
(4) the differences between the two groups of patients | ||
described by Subsection (a) with regard to: | ||
(A) admission to and discharge from a state | ||
hospital; | ||
(B) rapid stabilization and discharge to the | ||
community; | ||
(C) length of stay in a state hospital; | ||
(D) disputes arising from the determination of a | ||
patient's length of stay in a state hospital by a health maintenance | ||
organization or a managed care organization; | ||
(E) third-party billing; and | ||
(F) legal challenges or requirements related to | ||
the examination and treatment of the group of patients described by | ||
Subsection (a)(2). | ||
(d) The commission shall update the plan biennially. | ||
Sec. 533.052. CONTRACTING WITH PRIVATE MENTAL HEALTH | ||
FACILITIES TO PROVIDE BEDS FOR CERTAIN PERSONS. The commission | ||
shall make every effort to contract with private mental health | ||
facilities to make available a sufficient number of beds, as | ||
specified in the plan developed by the commission under Section | ||
533.051, for the group of patients described by Section | ||
533.051(a)(2) to ensure that a sufficient number of beds in state | ||
hospitals are available for the group of patients described by | ||
Section 533.051(a)(1). | ||
Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The | ||
commission shall develop and implement a procedure through which a | ||
court that has the authority to commit a person who is incompetent | ||
to stand trial or who has been acquitted by reason of insanity is | ||
aware of all of the mental health facilities in which beds are | ||
available and to which the court may commit the person as provided | ||
by Chapters 46B and 46C, Code of Criminal Procedure, including | ||
private mental health facilities that contract with the commission | ||
under Section 533.052. | ||
SECTION 2. Not later than December 1, 2013, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt any rules necessary to implement Section 533.051, Health and | ||
Safety Code, as added by this Act, and the rules required by Section | ||
533.053, Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2013. |