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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

House Bill 2439

House Author:  Truitt et al.

Effective:  6-16-07

Senate Sponsor:  Janek


            House Bill 2439 amends provisions of the Health and Safety Code relating to local mental health and mental retardation (MHMR) authorities.  The bill requires the Department of State Health Services (DSHS) to conduct certain evaluations to develop a payment methodologies implementation plan for mental health services.  The department is required to report its findings to the executive commissioner of the Health and Human Services Commission (HHSC) and the legislature before instituting a change.  House Bill 2439 requires a local MHMR authority to consider public input, cost-benefit, and consumer choice issues when procuring services for a local service area, including a request for proposal or open-enrollment procurement method.  The bill also details conditions under which a local MHMR authority is authorized to serve as a provider of intermediate care facilities for the mentally retarded (ICF-MR) and related waiver services and prescribes an authority's duties in that regard.  Not later than November 1, 2007, the executive commissioner is required to re-create the local authority network advisory committee.  The bill continues the committee until September 1, 2017, changes the committee's composition, and authorizes certain members of the committee with mental health needs to be reimbursed for expenses related to their service on the committee.  The bill adds provisions requiring a local MHMR authority to develop a plan to be approved by DSHS relating to the configuration of the authority's provider network and prescribes elements required to be included in the plan.

            House Bill 2439 also directs the executive commissioner of HHSC to adopt rules relating to the responsibilities and requirements of local MHMR authorities, including issues relating to access, eligibility, safety net functions, and performance accountability. A local MHMR authority is directed to offer a state school as an option for residential services in determining eligibility.  House Bill 2439 deletes provisions relating to certain Medicaid waiver programs, requires the Department of Aging and Disability Services to biennially review a local MHMR authority's status as a qualified provider of services, and directs DSHS to establish an online best practices information clearinghouse for local authorities.  The bill also prescribes procedures relating to the removal of an authority's designation and describes conditions under which an authority is authorized to serve as a provider of last resort.  Provisions relating to the privatization of ICF-MR and related waiver services are repealed.