BILL ANALYSIS H.B. 865 By: Maxey (Zaffirini) Health and Human Services 05-10-95 Senate 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 mental health services as emergencies in order to qualify for matching federal funds. Currently, Texas does not include these services in its Title IV-A emergency assistance plan. PURPOSE As proposed, H.B. 865 requires the Texas Department of Mental Health and Mental Retardation to enter into an interagency agreement with the Texas Department of Human Services 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 grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 533B, Health and Safety Code, by adding Section 533.046, as follows: Sec. 533.046. FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR CHILDREN AND FAMILIES. (a) Requires the Texas Department of Mental Health and Mental Retardation (MHMR) to enter into an interagency agreement with the Texas Department of Human Services (DHS) to amend the eligibility requirements of the state's emergency assistance plan under Title IV-A, Social Security Act (42 U.S.C. Section 601 et seq.) to include mental health emergencies, and to prescribe the procedures the agencies will use to delegate to MHMR and to local mental health and mental retardation authorities the administration of mental health emergency assistance. (b) Requires the interagency agreement to provide that MHMR certify to DHS the nonfederal expenditures for which the state will claim federal matching funds, and that TDH retain responsibility for making final eligibility decisions. (c) Requires MHMR to allocate to local mental health and mental retardation authorities 66 percent of the federal funds received under this section. SECTION 2. Emergency clause. Effective date: upon passage.