Amend CSHB 2292 by adding the following appropriately
numbered sections:
SECTION ____. Section 533.035, Health and Safety Code, is
amended by amending Subsection (c) and by adding Subsections (e),
(f), and (g) to read as follows:
(c) A local mental health and mental retardation authority,
with the department's approval, shall use the funds received under
Subsection (b) to ensure mental health, mental retardation, and
chemical dependency services are provided in the local service
area. The local authority shall consider public input, ultimate
cost-benefit, and client care issues to ensure consumer choice and
the best use of public money in:
(1) assembling a network of service providers; and
(2) [determining whether to become a provider of a
service or to contract that service to another organization; and
[(3)] making recommendations relating to the most
appropriate and available treatment alternatives for individuals
in need of mental health or mental retardation services.
(e) In assembling a network of service providers, a local
mental health and mental retardation authority may serve as a
provider of services only as a provider of last resort and only if
the authority demonstrates to the department that:
(1) the authority has made every reasonable attempt to
solicit the development of an available and appropriate provider
base that is sufficient to meet the needs of consumers in its
service area; and
(2) there is not a willing provider of the relevant
services in the authority's service area or in the county where the
provision of the services is needed.
(f) The department shall review the appropriateness of a
local mental health and mental retardation authority's status as a
service provider at least annually.
(g) The department, together with local mental health and
mental retardation authorities and other interested persons, shall
develop and implement a plan to privatize all services by
intermediate facilities for persons with mental retardation and all
related waiver services programs operated by an authority. The
transfer of services to private providers must occur on or before
August 31, 2004. The plan must provide criteria that:
(1) promote the transition of services to private
providers in a manner that causes the least disruption practicable
to the consumers of those services;
(2) ensure the continuation of services at the same
level of service provided before the transfer;
(3) provide for consumer choice as appropriate and as
required by rule; and
(4) require local mental health and mental retardation
authorities to implement the privatization of services in a
fiscally responsible manner.
SECTION ____. Section 534.001(b), Health and Safety Code,
is amended to read as follows:
(b) In accordance with this subtitle, a [A] community center
may be:
(1) a community mental health center that provides
mental health services;
(2) a community mental retardation center that
provides mental retardation services; or
(3) a community mental health and mental retardation
center that provides mental health and mental retardation services.
SECTION ____. Section 535.002(b), Health and Safety Code,
is amended to read as follows:
(b) If feasible and economical, the department may use local
mental health and mental retardation authorities to implement this
chapter. However, the department may not designate a [those] local
mental health or [and] mental retardation authority [authorities]
as a provider [the sole providers] of services if other providers
are available.