BILL ANALYSIS



H.B. 865
By: Maxey
04-03-95
Committee Report (Unamended)


BACKGROUND

A federal funding source, that provides for emergency assistance
under Title IV-A of the Social Security Act, could be used to fund
mental health services.  States are beginning to address and define
services in the mental health area as emergencies in order to
qualify for matching federal funds.  At least two states, Colorado
and California, have begun claiming Emergency Assistance for mental
health services.  Texas does not currently include these services
in its Title IV-A Emergency Assistance plan, which is administered
by the Texas Dept. of Human Services, and does not draw
reimbursement.

This federal funding source requires that the definition of
emergencies include mental health services to youth and their
families.  The federal reimbursement rate is fifty percent of the
cost of maintenance, services and administration.


PURPOSE

H.B. No. 865 would require the Texas Department of Mental Health
and Mental Retardation (MHMR) enter into an interagency contract
with the Texas Department of Human Services (DHS) to establish
federal funding reimbursements for mental health services for
eligible Texas families.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Adds new section to Chapter 533, Health & Safety Code,
to read as follows:

Section 533.046.  FEDERAL FUNDING FOR MENTAL HEATLH SERVICES FOR
CHILDREN AND FAMILIES.

(a)  Requires MHMR to enter into an interagency agreement with DHS
to amend the eligibility requirements of the Title IV-A Emergency
Assistance plan to include mental health emergencies and establish
procedures for the delegation of funds received to MHMR and to
local MHMR authorities.

(b)  Requires the interagency agreement to provide that MHMR
certify to DHS non-federal expenditures which can be used for the
federal match and that DHS retain responsibility for final
eligibility decisions.

(c)  Requires MHMR to allocate 66% of federal funds received under
this legislation to the local MHMR authorities.

SECTION 2.  Emergency clause, effective in 90 days.


SUMMARY OF COMMITTEE ACTION

On March 29, 1995, the Chairman laid out H.B. 865 and asked Rep.
Maxey to explain the bill.  The following witnesses testified for
H.B. 865:  Nancy Epstein, Disability Policy Consortium;
Mary Jo Magruder, Texas Planning Council for Developmental
Disabilities; Barrett Markland, Advocacy, Inc.  No one testified
against or neutral on H.B. 865 and the bill was left pending.

In a public hearing on April 3, 1995, the Committee took up H.B.
865 which had been pending. Rep. Maxey moved that the committee
report H.B. 865 favorably, without amendment, and be sent to the
Committee on Local and Consent Calendars.  The motion prevailed by
a record vote of 9 Ayes, 0 nays, 9 PNV, and 0 absent.