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A BILL TO BE ENTITLED
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AN ACT
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relating to a voluntary quality standards certification process for |
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certain private residential psychiatric treatment facilities that |
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provide treatments and services to youth; imposing fees; |
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authorizing civil and administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Health and Safety Code, is |
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amended by adding Chapter 577A to read as follows: |
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CHAPTER 577A. PSYCHIATRIC RESIDENTIAL YOUTH TREATMENT FACILITIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 577A.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(3) "Psychiatric residential youth treatment |
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facility" means a private facility that provides psychiatric health |
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treatments and services in a residential, nonhospital setting |
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exclusively to individuals who are 21 years of age or younger and |
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that meets criteria to be licensed as a general residential |
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operation under Chapter 42, Human Resources Code. The term |
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includes a facility that provides room and board. |
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(4) "Severe emotional disturbance" means a mental, |
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behavioral, or emotional disorder of sufficient duration to result |
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in functional impairment that substantially interferes with or |
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limits an individual's role or ability to function in family, |
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school, or community activities. |
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Sec. 577A.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a mental hospital; or |
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(2) a private mental hospital or other mental health |
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facility licensed under Chapter 577. |
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Sec. 577A.003. LICENSING AND OTHER REQUIREMENTS NOT |
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AFFECTED. This chapter does not affect any licensing or other |
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requirements of a psychiatric residential youth treatment facility |
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under Chapter 42, Human Resources Code. |
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Sec. 577A.004. RULES. The executive commissioner shall |
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adopt rules necessary to implement this chapter. |
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SUBCHAPTER B. CERTIFICATION, FEES, AND INSPECTIONS |
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Sec. 577A.051. VOLUNTARY QUALITY STANDARDS CERTIFICATION. |
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The commission shall develop and implement a voluntary quality |
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standards certification process to certify a psychiatric |
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residential youth treatment facility that meets standards for |
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certification under this chapter. |
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Sec. 577A.052. CERTIFICATE APPLICATION. (a) To obtain a |
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certificate under this chapter, an applicant must submit to the |
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commission an application in the form and manner prescribed by the |
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commission. |
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(b) Each application must be accompanied by a fee |
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established by the executive commissioner under Section 577A.053. |
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Sec. 577A.053. FEES. The executive commissioner by rule |
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shall establish a nonrefundable certificate application fee and a |
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nonrefundable certificate renewal fee in amounts necessary to cover |
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the costs of administering this chapter. |
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Sec. 577A.054. ISSUANCE AND RENEWAL OF CERTIFICATE. (a) |
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The commission shall issue a certificate to an applicant if on |
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inspection and investigation the commission determines the |
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applicant meets the requirements of this chapter and commission |
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rules. |
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(b) A certificate issued under this chapter expires on the |
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second anniversary of the date the certificate is issued or |
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renewed. |
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(c) The commission shall renew a certificate if: |
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(1) the certificate holder submits to the commission a |
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fee established by the executive commissioner under Section |
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577A.053; and |
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(2) on inspection and investigation the commission |
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determines the certificate holder meets the requirements of this |
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chapter and commission rules. |
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Sec. 577A.055. INSPECTIONS. In addition to the inspections |
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required under Section 577A.054, the commission shall conduct an |
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inspection not later than the first anniversary of the date a |
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certificate is issued or renewed to ensure the certificate holder |
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remains in compliance with the requirements of this chapter and |
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commission rules. |
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SUBCHAPTER C. REGULATION OF CERTIFIED PSYCHIATRIC RESIDENTIAL |
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YOUTH TREATMENT FACILITIES |
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Sec. 577A.101. MINIMUM STANDARDS. The executive |
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commissioner by rule shall establish minimum standards for the |
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certification of psychiatric residential youth treatment |
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facilities under this chapter. The minimum standards must require |
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a facility to: |
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(1) obtain accreditation by The Joint Commission, the |
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Commission on Accreditation of Rehabilitation Facilities, the |
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Council on Accreditation, or another accrediting organization |
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approved by the commission; and |
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(2) provide and prescribe guidelines for the provision |
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of the following activities, treatments, and services: |
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(A) development and implementation of individual |
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plans of care, including the provision of services provided by a |
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licensed psychiatrist or physician to develop individual plans of |
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care; |
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(B) individual therapy; |
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(C) family engagement activities; |
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(D) consultation services with qualified |
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professionals, including case managers, primary care |
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professionals, community-based mental health providers, school |
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staff, and other support planners; |
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(E) 24-hour nursing services; and |
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(F) direct care and supervision services, |
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supportive services for daily living and safety, and positive |
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behavior management services. |
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Sec. 577A.102. ADMISSION CRITERIA. A facility certified |
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under this chapter may not admit or provide treatments or services |
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to an individual unless the individual: |
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(1) is 21 years of age or younger; |
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(2) has been diagnosed with a severe emotional |
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disturbance by a licensed mental health professional; |
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(3) requires residential psychiatric treatment under |
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the direction of a licensed physician to improve the individual's |
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condition; and |
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(4) was referred for treatments or services in a |
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psychiatric residential youth treatment facility by a licensed |
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mental health professional. |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 577A.151. PENALTIES. A facility certified under this |
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chapter is subject to a civil penalty under Section 571.023 or an |
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administrative penalty under Section 571.025, as applicable, for a |
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violation of this chapter or a rule adopted under this chapter. |
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SECTION 2. Section 577.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 577.002. EXEMPTIONS [FROM LICENSING REQUIREMENT]. (a) |
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A mental health facility operated by the department or a federal |
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agency need not be licensed under this chapter. |
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(b) This chapter does not apply to a psychiatric residential |
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youth treatment facility certified under Chapter 577A. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Chapter 577A, Health and Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |