Bill Text: TX SB58 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to delivery of and reporting on mental health, behavioral health, substance abuse, and certain other services.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB58 Detail]

Download: Texas-2013-SB58-Enrolled.html

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S.B. No. 58

AN ACT
relating to delivery of and reporting on mental health, behavioral
health, substance abuse, and certain other services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 533, Government Code, is
amended by adding Section 533.00255 to read as follows:
Sec. 533.00255. BEHAVIORAL HEALTH AND PHYSICAL HEALTH
SERVICES NETWORK. (a) In this section, "behavioral health
services" means mental health and substance abuse disorder
services, other than those provided through the NorthSTAR
demonstration project.
(b) The commission shall, to the greatest extent possible,
integrate into the Medicaid managed care program implemented under
this chapter the following services for Medicaid-eligible persons:
(1) behavioral health services, including targeted
case management and psychiatric rehabilitation services; and
(2) physical health services.
(c) A managed care organization that contracts with the
commission under this chapter shall develop a network of public and
private providers of behavioral health services and ensure adults
with serious mental illness and children with serious emotional
disturbance have access to a comprehensive array of services.
(d) In implementing this section, the commission shall
ensure that:
(1) an appropriate assessment tool is used to
authorize services;
(2) providers are well-qualified and able to provide
an appropriate array of services;
(3) appropriate performance and quality outcomes are
measured;
(4) two health home pilot programs are established in
two health service areas, representing two distinct regions of the
state, for persons who are diagnosed with:
(A) a serious mental illness; and
(B) at least one other chronic health condition;
(5) a health home established under a pilot program
under Subdivision (4) complies with the principles for
patient-centered medical homes described in Section 533.0029; and
(6) all behavioral health services provided under this
section are based on an approach to treatment where the expected
outcome of treatment is recovery.
(e) The commission and the Department of State Health
Services shall establish a Behavioral Health Integration Advisory
Committee:
(1) whose membership must include:
(A) individuals with behavioral health
conditions who are current or former recipients of publicly funded
behavioral health services;
(B) representatives of managed care
organizations that have expertise in offering behavioral health
services;
(C) public and private providers of behavioral
health services; and
(D) providers of behavioral health services who
are both Medicaid primary care providers and providers for
individuals that are dually eligible for Medicaid and Medicare; and
(2) that shall:
(A) meet at least quarterly to address the
planning and development needs of the behavioral health services
network established under this section;
(B) seek input from the behavioral health
community on the implementation of this section; and
(C) issue formal recommendations to the
commission regarding the implementation of this section.
(f) The commission shall provide administrative support to
facilitate the duties of the advisory committee established under
Subsection (e). This subsection and Subsection (e) expire
September 1, 2017.
(g) The commission shall, if the commission determines that
it is cost-effective and beneficial to recipients, include a peer
specialist as a benefit to recipients or as a provider type.
(h) To the extent of any conflict between this section and
any other law relating to behavioral health services, this section
prevails.
(i) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. Subtitle I, Title 4, Government Code, is amended
by adding Chapter 539 to read as follows:
CHAPTER 539. COMMUNITY COLLABORATIVES
Sec. 539.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF
COMMUNITY COLLABORATIVES. (a) To the extent funds are
appropriated to the department for that purpose, the department
shall make grants to entities, including local governmental
entities, nonprofit community organizations, and faith-based
community organizations, to establish or expand community
collaboratives that bring the public and private sectors together
to provide services to persons experiencing homelessness and mental
illness. The department may make a maximum of five grants, which
must be made in the most populous municipalities in this state that
are located in counties with a population of more than one million.
In awarding grants, the department shall give special consideration
to entities establishing a new collaborative.
(b) The department shall require each entity awarded a grant
under this section to:
(1) leverage additional funding from private sources
in an amount that is at least equal to the amount of the grant
awarded under this section; and
(2) provide evidence of significant coordination and
collaboration between the entity, local mental health authorities,
municipalities, and other community stakeholders in establishing
or expanding a community collaborative funded by a grant awarded
under this section.
Sec. 539.003. ACCEPTABLE USES OF GRANT MONEY. An entity
shall use money received from a grant made by the department and
private funding sources for the establishment or expansion of a
community collaborative, provided that the collaborative must be
self-sustaining within seven years. Acceptable uses for the money
include:
(1) the development of the infrastructure of the
collaborative and the start-up costs of the collaborative;
(2) the establishment, operation, or maintenance of
other community service providers in the community served by the
collaborative, including intake centers, detoxification units,
sheltering centers for food, workforce training centers,
microbusinesses, and educational centers;
(3) the provision of clothing, hygiene products, and
medical services to and the arrangement of transitional and
permanent residential housing for persons served by the
collaborative;
(4) the provision of mental health services and
substance abuse treatment not readily available in the community
served by the collaborative;
(5) the provision of information, tools, and resource
referrals to assist persons served by the collaborative in
addressing the needs of their children; and
(6) the establishment and operation of coordinated
intake processes, including triage procedures, to protect the
public safety in the community served by the collaborative.
Sec. 539.004. ELEMENTS OF COMMUNITY COLLABORATIVES.
(a) If appropriate, an entity may incorporate into the community
collaborative operated by the entity the use of the Homeless
Management Information System, transportation plans, and case
managers. An entity may also consider incorporating into a
collaborative mentoring and volunteering opportunities, strategies
to assist homeless youth and homeless families with children,
strategies to reintegrate persons who were recently incarcerated
into the community, services for veterans, and strategies for
persons served by the collaborative to participate in the planning,
governance, and oversight of the collaborative.
(b) The focus of a community collaborative shall be the
eventual successful transition of persons from receiving services
from the collaborative to becoming integrated into the community
served by the collaborative through community relationships and
family supports.
Sec. 539.005. OUTCOME MEASURES FOR COMMUNITY
COLLABORATIVES. Each entity that receives a grant from the
department to establish or expand a community collaborative shall
select at least four of the following outcome measures that the
entity will focus on meeting through the implementation and
operation of the collaborative:
(1) persons served by the collaborative will find
employment that results in those persons having incomes that are at
or above 100 percent of the federal poverty level;
(2) persons served by the collaborative will find
permanent housing;
(3) persons served by the collaborative will complete
alcohol or substance abuse programs;
(4) the collaborative will help start social
businesses in the community or engage in job creation, job
training, or other workforce development activities;
(5) there will be a decrease in the use of jail beds by
persons served by the collaborative;
(6) there will be a decrease in the need for emergency
care by persons served by the collaborative;
(7) there will be a decrease in the number of children
whose families lack adequate housing referred to the Department of
Family and Protective Services or a local entity responsible for
child welfare; and
(8) any other appropriate outcome measure that
measures whether a collaborative is meeting a specific need of the
community served by the collaborative and that is approved by the
department.
Sec. 539.006. ANNUAL REVIEW OF OUTCOME MEASURES. The
department shall contract with an independent third party to verify
annually whether a community collaborative is meeting the outcome
measures under Section 539.005 selected by the entity that operates
the collaborative.
Sec. 539.007. REDUCTION AND CESSATION OF FUNDING. The
department shall establish processes by which the department may
reduce or cease providing funding to an entity if the community
collaborative operated by the entity does not meet the outcome
measures selected by the entity for the collaborative under Section
539.005 or is not self-sustaining after seven years. The
department shall redistribute any funds withheld from an entity
under this section to other entities operating high-performing
collaboratives on a competitive basis.
Sec. 539.008. RULES. The executive commissioner shall
adopt any rules necessary to implement the community collaborative
grant program established under this chapter, including rules to
establish the requirements for an entity to be eligible to receive a
grant, the required elements of a community collaborative operated
by an entity, and permissible and prohibited uses of money received
by an entity from a grant made by the department under this chapter.
SECTION 3. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.078 to read as follows:
Sec. 1001.078. MENTAL HEALTH AND SUBSTANCE ABUSE PUBLIC
REPORTING SYSTEM. (a) The department, in collaboration with the
commission, shall establish and maintain a public reporting system
of performance and outcome measures relating to mental health and
substance abuse services established by the Legislative Budget
Board, the department, and the commission. The system must allow
external users to view and compare the performance, outputs, and
outcomes of:
(1) community centers established under Subchapter A,
Chapter 534, that provide mental health services;
(2) Medicaid managed care pilot programs that provide
mental health services; and
(3) agencies, organizations, and persons that
contract with the state to provide substance abuse services.
(b) The system must allow external users to view and compare
the performance, outputs, and outcomes of the Medicaid managed care
programs that provide mental health services.
(c) The department shall post the performance, output, and
outcome measures on the department's website so that the
information is accessible to the public. The department shall post
the measures quarterly or semiannually in accordance with when the
measures are reported to the department.
(d) The department shall consider public input in
determining the appropriate outcome measures to collect in the
public reporting system. To the extent possible, the department
shall include outcome measures that capture inpatient psychiatric
care diversion, avoidance of emergency room use, criminal justice
diversion, and the numbers of people who are homeless served.
(e) The commission shall conduct a study to determine the
feasibility of establishing and maintaining the public reporting
system, including, to the extent possible, the cost to the state and
impact on managed care organizations and providers of collecting
the outcome measures required by Subsection (d). Not later than
December 1, 2014, the commission shall report the results of the
study to the legislature and appropriate legislative committees.
(f) The department shall ensure that information reported
through the public reporting system does not permit the
identification of an individual.
SECTION 4. Not later than December 1, 2013, the Health and
Human Services Commission shall establish the Behavioral Health
Integration Advisory Committee required by Section 533.00255,
Government Code, as added by this Act.
SECTION 5. Not later than September 1, 2014, the Health and
Human Services Commission shall complete the integration of
behavioral health and physical health services required by Section
533.00255, Government Code, as added by this Act.
SECTION 6. Not later than December 1, 2013, the Department
of State Health Services shall establish the public reporting
system as required under Section 1001.078, Health and Safety Code,
as added by this Act.
SECTION 7. Not later than December 1, 2014, the Department
of State Health Services shall submit a report to the legislature
and the Legislative Budget Board on the development of the public
reporting system as required by Section 1001.078, Health and Safety
Code, as added by this Act, and the outcome measures collected.
SECTION 8. 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 9. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 58 passed the Senate on
March 27, 2013, by the following vote: Yeas 30, Nays 0;
May 22, 2013, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 2013, House
granted request of the Senate; May 26, 2013, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 58 passed the House, with
amendments, on May 20, 2013, by the following vote: Yeas 142,
Nays 4, two present not voting; May 23, 2013, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2013, House adopted Conference Committee Report by the
following vote: Yeas 138, Nays 6, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor