78S10438 DLF-D

By:  Naishtat                                                     H.B. No. 107



A BILL TO BE ENTITLED

AN ACT

relating to benefits for certain mental health services provided 
under the state child health plan.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 62, Health and Safety 
Code, is amended by adding Section 62.160 to read as follows:
	Sec. 62.160.  MENTAL HEALTH SERVICES.  (a)  In this section, 
"serious mental illness" has the meaning assigned by Article 
3.51-14, Insurance Code.
	(b)  Except as provided by Subsection (c), the child health 
plan must provide 20 outpatient visits for each enrolled child in 
each year, as is necessary and appropriate for short-term 
evaluative or crisis intervention mental health services.
	(c)  For treatment of serious mental illness, the child 
health plan must provide benefits equivalent to the coverage 
required by Section 3, Article 3.51-14, Insurance Code, subject to 
Subsections (d) and (e).
	(d)  An enrolled child may elect to receive, instead of the 
inpatient treatment required under Subsection (c):
		(1)  residential treatment services;                                   
		(2)  therapeutic foster care services;                                 
		(3)  other 24-hour therapeutically planned and 
structured services; or
		(4)  subacute outpatient mental health services, 
including partial hospitalization or rehabilitative day treatment.
	(e)  Alternative services provided under Subsection (d) may 
not be more expensive than the inpatient treatment services for 
which they are substituted. Not more than 25 days of the inpatient 
treatment required under Subsection (c) may be converted to 
alternative services under Subsection (d).
	SECTION 2.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 3.  This Act takes effect September 1, 2003, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for effect on that 
date, this Act takes effect November 1, 2003.