SRC-AMY S.B. 1182 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 1182
By: Deuell
Health & Human Services
7-30-2003
Enrolled

DIGEST AND PURPOSE 

Texas Community Mental Health and Mental Retardation Centers have become
integral parts of their local communities.  Through the eyes of their
communities, centers have developed a unique view of service needs and
service priorities.  S.B. 1182 requires local mental health or mental
retardation authorities to develop a local service plan to help each
center meet the needs of its community. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 533, Health and Safety Code, by
adding Section 533.0354, as follows: 

Sec.  533.0354.  LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE AREA. (a)
Requires each local mental health or mental retardation authority to
develop a local service area plan to maximize the authority's services by
using the best and most costeffective means of using federal, state, and
local resources to meet the needs of the local community according to the
relative priority of those needs. Requires each local mental health or
mental retardation authority to undertake to maximize federal funding. 

(b) Requires a local service area plan to be consistent with the purposes,
goals, and policies stated in Section 531.001 and the Texas Department of
Mental Health and Mental Retardation's (MHMR) long-range plan developed
under Section 533.032. 

(c) Requires MHMR and a local mental health or mental retardation
authority to use the local authority's local service plan as the basis for
contracts between MHMR and the local authority and for establishing the
local authority's responsibility for achieving outcomes related to the
needs and characteristics of the authority's local service area. 

(d) Requires the local mental health or mental retardation authority, in
developing the local service area plan, to perform certain tasks. 

(e) Requires MHMR and the local mental health or mental retardation
authority by contract to enter into a performance agreement that specifies
required standard outcomes for the programs administered by the local
authority.  Requires performance related to the specified outcomes to be
verifiable by MHMR. Requires the performance agreement to include measures
related to the outputs, costs, and units of service delivered.  Requires
information regarding the outputs, costs, and units of service delivered
shall be recorded in the local authority's automated data systems, and
reports regarding the outputs, costs, and units of service delivered to be
submitted to MHMR at least annually as provided by MHMR rule. 

 (f) Requires MHMR and the local mental health or mental retardation
authority to provide an opportunity for community centers and advocacy
groups to provide information or assistance in developing the specified
performance outcomes under Subsection (e). 

SECTION 2.  Amends Subchapter B, Chapter 531, Government Code, by adding
Section 531.0224, as follows: 

Sec. 531.0224.  MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.  (a) Requries
the Health and Human Services Commission (HHSC), to ensure appropriate
delivery of mental health and substance abuse services, to regularly
evaluate program contractors and subcontractors that provide or arrange
for the services for persons enrolled in the Medicaid managed care program
and the state child health plan program. 

(b) Requires HHSC to monitor certain issues.

SECTION 3.  Amends Chapter 574, Health and Safety Code, by adding
Subchapter I, as follows: 

SUBCHAPTER I.  TESTIMONY BY CLOSED-CIRCUIT VIDEO TELECONFERENCING AT
PROCEEDINGS 

Sec. 574.201.  APPLICATION OF SUBCHAPTER.  Provides that this subchapter
applies only to a hearing or proceeding related to court-ordered mental
health services under this chapter. 

Sec. 574.202.  CERTAIN TESTIMONY BY CLOSED-CIRCUIT VIDEO TELECONFERENCING
PERMITTED.  (a) Authorizes a judge or magistrate to permit a physician or
a nonphysician mental health professional to testify at a hearing or
proceeding by closed-circuit video teleconferencing if under certain
circumstances. 

(b) Requires the judge or magistrate to provide written notice of the use
of closedcircuit video teleconferencing to the proposed patient, the
proposed patient's attorney, and the attorney representing the state not
later than the third day before the date of the hearing. 

(c) Requires the court on motion of the proposed patient or of the
attorney representing the state, or authorizes the court on its
discretion, to terminate testimony by closed-circuit video
teleconferencing under this section at any time during the testimony and
require the physician or nonphysician mental health professional to
testify in person. 

(d) Requries a recording of the testimony under Subsection (a) to be made
and preserved with the court's record of the hearing.   

SECTION 4.(a) Effective date: upon passage or September 1, 2003.
  
(b) Makes application of Sections 533.0354(c) and (e) prospective to
January 1, 2004.