SRC-JRN C.S.S.B. 940 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 940
By: Nelson
Health & Human Services
4-18-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law has established certain contract regulatory
responsibilities through the Texas Department of Mental Health and Mental
Retardation (department).  However, statutory change is necessary to
ensure that the department has the authority and appropriate mechanisms to
ensure contract compliance and the continued provision of services.  This
bill creates mechanisms that enable the department to manage and operate a
community department center. 

PURPOSE

As proposed, C.S.S.B. 940 creates mechanisms that enable the Texas
Department of Mental Health and Mental Retardation to manage and operate a
community department center. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Mental Health and
Mental Retardation in SECTION 3 (Section 534.059(c), Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 534.035(g)-(i), Health and Safety Code, to
authorize the Texas Department of Mental Health and Mental Retardation
(department) to withhold, rather than discontinue the transfer of, related
department funds to the community center until the dispute is resolved in
accordance with Section 534.059.  Deletes a provision providing that the
community center is entitled to notice and an opportunity for a hearing.
Deletes a provision requiring the Texas Board of Mental Health and Mental
Retardation (board) by rule to prescribe the hearings procedure. Deletes
Subsection (h).  Makes a conforming change. 

SECTION 2. Amends Chapter 534A, Health and Safety Code, by adding Section
534.036, as follows: 

Sec. 534.036. MANAGEMENT IN CERTAIN CIRCUMSTANCES. (a) Authorizes the
commissioner of mental health and mental retardation (commissioner) to
appoint a management team or an individual to manage and operate a
community center if the commissioner makes certain findings.   

(b) Requires the department, in writing, to notify the community center
and local agency or organizational combination of local agencies
responsible for making appointments to the local board of trustees of the
appointment of the management team or individual and the circumstances on
which the appointment is based.   

(c) Authorizes the management team or individual to perform any or all of
certain functions as defined by the commissioner.   

(d) Requires the management team or individual to report the activities of
the team or individual to the commissioner and the local board of trustees
monthly.  

(e) Requires the commissioner to review and evaluate the performance of
the community center each month to determine the feasibility of restoring
the management and operation  of the community center to local control.  

(f) Requires the powers and duties of the board of trustees to be
exercised under the supervision of the management team or individual.  

(g) Authorizes the commissioner to direct that all costs of the management
team or individual are to be paid by the community center.   

(h) Provides that the appointment of a management team or individual under
this section continues until the commissioner determines that
circumstances that would support a finding under Subsection (a) no longer
exist or the department cancels the contract with the community center.   

(i) Requires the commissioner to terminate the powers and appointment of
the team or individual, and after the termination, the community center's
authorized officers and employees to manage and operate the community
center, when the commissioner finds that circumstances that would support
a finding under Subsection (a) no longer exist.   

(j) Authorizes the community center to appeal an appointment made under
Subsection (a) as prescribed by board rule.  Provides that the filing of a
notice of appeal does not stay the appointment of a management team or
individual if the appointment is made on a finding made under Subsection
(a)(4).   

(k) Provides that a member of the management team or individual appointed
under this section is immune from suit or liability arising from the good
faith performance of any functions described in this section. 

SECTION 3. Amends Section 534.059, Health and Safety Code, as follows:

Sec. 534.059. PERFORMANCE STANDARDS.  Requires the department to specify
performance standards in evaluating the compliance of a local mental
health or mental retardation authority  with its obligation  or contract
to ensure the provision of, rather than provide, specific services to
priority populations.  Authorizes the department to withhold related
department money to the authority until the dispute is resolved, if, by
the date prescribed by the commissioner, a mental health or mental
retardation authority fails to comply with its obligation or contract to
ensure provision of services to the satisfaction of the commissioner.
Requires the department to notify the local mental health and mental
retardation authority in writing of the department's decision to withhold
money under this section.  Authorizes the local mental health or mental
retardation authority to appeal the department's decision to withhold
money under this section.  Requires the board, by rule, to prescribe the
appeal procedure.  Provides that the filing of a notice of appeal under
this subsection stays the imposition of the department's decision to
withhold money.  Authorizes the department to limit general revenue
allocations to the local mental health and mental retardation authority to
monthly distributions during the appeal.  Authorizes the department to
withhold money during an appeal to a court if the decision to withhold
money is finally affirmed in the appeal filed under Subsection (c). 

SECTION 4. Amends Section 534.060(b), Health and Safety Code, to require
the department to review the program quality and program performance
results of each local mental health or mental retardation authority in
accordance with a risk assessment and evaluation system appropriate to
contract requirements.  Deletes the requirement for the department to
review program quality at least once each fiscal year. 

SECTION 5. Amends Sections 534.061(a)-(c), Health and Safety Code, to
require the department to develop mechanisms for periodically monitoring
services provided by a provider, rather than a private provider.  Requires
the local mental health or mental retardation authority, rather than the
department, to monitor provider services.  Deletes a provision requiring
the department to also provide for periodic fiscal audits of those private
providers.  Requires certain provider contracts to authorize the local
mental health or mental retardation authority or the authority's designee,
and the  department or the department's designee to have unrestricted
access to certain matters. 

SECTION 6. Effective date: September 1, 1997.

SECTION 7. Emergency clause.    

SUMMARY OF COMMITTEE CHANGES

Deletes SECTIONS 1-16 to add new bill text.

Amendment 1. 

Page 6, line 9, deletes "to the board".

Page 6, line 18, replace "board finally affirms the withholding of money
after an" with "decision to withhold money is finally affirmed in the".