By:  Zaffirini                                                            S.B. No. 60


A BILL TO BE ENTITLED
AN ACT
relating to the provision of public mental health and related services for persons needing the services of more than one agency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. PROVISION OF SERVICES FOR PERSONS WITH MULTIAGENCY NEEDS. Chapter 531, Government Code, is amended by adding Subchapter K to read as follows:
SUBCHAPTER K. PROVISION OF SERVICES FOR PERSONS
WITH MULTIAGENCY NEEDS
Sec. 531.401. DEFINITIONS. (a) In this subchapter: (1) "Systems of care agency" includes each health and human services agency, the Health and Human Services Commission, the Texas Council on Offenders with Mental Impairments, the Texas Department of Housing and Community Affairs, the Texas Education Agency, the Texas Juvenile Probation Commission, the Texas Workforce Commission, and the Texas Youth Commission. (2) "Systems of care services" means a comprehensive state system of mental health services and other necessary and related services that is organized as a coordinated network to meet the multiple and changing needs of persons who receive those services and of their families. (b) Persons who receive systems of care services include children at risk of residential placement, incarceration, or reincarceration because of a severe emotional disturbance, including: (1) students in a special education program under Subchapter A, Chapter 29, Education Code; and (2) children with a severe emotional disturbance and: (A) a substance abuse disorder; or (B) a developmental disability. Sec. 531.402. EXECUTIVE COUNCIL MEMBERSHIP. (a) The systems of care executive council is composed of 21 members as described by this section. (b) The commissioner of health and human services and the commissioner of education serve as ex officio members. Service on the systems of care executive council is an additional duty of the positions of those commissioners. The ex officio members have voting authority. (c) The commissioner of health and human services shall appoint 12 members, each of whom must be the administrative head of a systems of care agency. (d) The governor shall appoint two members, one of whom must be appointed from a list of nominees submitted to the governor by the speaker of the house of representatives. The governor may reject one or more of the nominees on the list. If the governor rejects all the nominees on the list, the speaker shall submit to the governor a new list of different nominees. (e) The lieutenant governor shall appoint one member. (f) The commissioner of health and human services and the commissioner of education, acting jointly, shall appoint the following members: (1) one member who must be a judge of a state juvenile court; (2) one member who must be a representative of a group that advocates on behalf of at least one of the population groups served by a systems of care agency; (3) one member who must be a representative of a group that advocates on behalf of family members of at least one of the population groups served by a systems of care agency; and (4) one member who must be a representative of a group that advocates on behalf of local communities affected by the decisions of at least one systems of care agency. (g) The appointed members of the systems of care executive council serve two-year terms expiring February 1 of each odd-numbered year. Sec. 531.403. EXECUTIVE COUNCIL OFFICERS; MEETINGS. (a) The systems of care executive council shall elect from its members a presiding officer, an assistant presiding officer, and other officers the council considers necessary to perform the council's duties. The assistant presiding officer shall preside over meetings in the presiding officer's absence. (b) The systems of care executive council shall meet at least three times each year at the call of the presiding officer. Sec. 531.404. EXECUTIVE COUNCIL DUTIES. The systems of care executive council shall: (1) approve and oversee the implementation of program and fiscal policies developed by the systems of care policy team; (2) review and take appropriate action on recommendations that the policy team presents to the council; (3) approve and oversee the actions of the policy team, systems of care community teams, and systems of care coordination and assessment teams; (4) ensure that systems of care agencies have adequate administrative support to provide systems of care services; (5) oversee the distribution and use of funding for systems of care services; and (6) issue a biennial report to the governor, the senate, and the house of representatives that includes: (A) legislative proposals relating to systems of care services; and (B) an evaluation of the provision of systems of care services. Sec. 531.405. POLICY TEAM MEMBERSHIP AND OFFICERS; MEETINGS. (a) The systems of care policy team is composed of the following members who are appointed by the systems of care executive council and serve at the will of the executive council: (1) one or more members of the senior staff of each systems of care agency; (2) the judge of a juvenile or domestic relations court; (3) a representative of an organization whose membership is composed primarily of persons representing county governments; and (4) one or more representatives of: (A) an organization that supports families of persons with mental illness; (B) a private organization that provides services to persons with mental illness; (C) a group that advocates on behalf of: (i) at least one of the population groups served by a systems of care agency; or (ii) family members of at least one of the population groups served by a systems of care agency; and (D) local communities affected by the decisions of at least one systems of care agency. (b) Each member of the systems of care policy team appointed under Subsection (a)(4)(A) must also be a member of the family of a person with mental illness. (c) The systems of care policy team shall elect from its members a presiding officer, an assistant presiding officer, and other officers the policy team considers necessary to perform the policy team's duties. The assistant presiding officer shall preside over meetings in the presiding officer's absence. (d) The systems of care policy team shall meet at least once in each quarter of the calendar year at the call of the presiding officer. Sec. 531.406. POLICY TEAM DUTIES. The systems of care policy team shall: (1) develop policies for integrating the services provided to persons who need the services of more than one systems of care agency; (2) develop procedures for distributing and monitoring the use of funds for systems of care services; (3) develop methods for collecting, analyzing, and reporting data that can be used by each systems of care agency to evaluate systems of care services; (4) develop methods that the systems of care executive council and each systems of care agency can use to evaluate: (A) the provision of systems of care services; and (B) the outcome of those services for the persons who receive them; (5) make recommendations to the systems of care executive council regarding policies, procedures, and methods developed under this section; (6) provide training for and technical assistance to governmental entities involved in providing systems of care services; (7) establish work groups to study issues relating to the implementation of this subchapter and the provision of systems of care services and submit the recommendations of those groups to the systems of care executive council; (8) issue a biennial report to the systems of care executive council that evaluates the provision of systems of care services using the methods developed under this section and includes: (A) the number of persons who received systems of care services during the reporting period and the outcome of the services provided; (B) recommendations for improving the coordination of: (i) funding for systems of care services; and (ii) the provision of services by systems of care agencies; (C) a description of any barriers to the ability of a systems of care agency to provide effective systems of care services and recommendations for overcoming those barriers; and (D) any other information relevant to improving the provision of services to persons with multiagency needs; and (9) perform other duties that the systems of care executive council may assign. Sec. 531.407. ADMINISTRATIVE SUPPORT FROM COMMISSION. The commission shall provide administrative support to the systems of care executive council and policy team to assist the executive council and policy team in performing their duties. Sec. 531.408. SELECTION OF AREAS SERVED BY COMMUNITY TEAMS. (a) The commission by rule shall establish a request-for-proposal process to select a municipality, a county, or two or more contiguous counties as an area served by a systems of care community team described by Section 531.409. The process must provide that one or more representatives of a governmental entity in a municipality or county may submit a proposal. (b) The commission and the systems of care policy team shall develop criteria to evaluate proposals for areas to be served by systems of care community teams. Sec. 531.409. COMMUNITY TEAM MEMBERSHIP. A systems of care community team is composed of the following members who are appointed by the representatives who submit a proposal for the team under Section 531.408(a) and serve at the will of those representatives: (1) one or more representatives from a systems of care agency office that is located in a municipality or county in an area selected to be served by a community team; (2) one or more representatives of the governing body of that municipality or county; (3) the judge of a juvenile or domestic relations court; and (4) one or more representatives of: (A) an organization that supports families of persons with mental illness; (B) a private organization that provides services to persons with mental illness; (C) a group that advocates on behalf of: (i) at least one of the population groups served by a systems of care agency; or (ii) family members of at least one of the population groups served by a systems of care agency; and (D) local communities affected by the decisions of at least one systems of care agency. Sec. 531.410. COMMUNITY TEAM POWERS AND DUTIES. (a) A systems of care community team shall: (1) establish procedures for: (A) referring persons and their families to the systems of care coordination and assessment team; and (B) authorizing funding for services that those persons and their families may receive; (2) monitor the provision of services to persons needing the services of more than one systems of care agency; and (3) collect, analyze, and monitor data that relates to systems of care services and report that analysis to the systems of care policy team. (b) The systems of care community team may designate one or more persons to provide support services to a person who is referred to the systems of care coordination and assessment team and the person's family. Those support services are in addition to the services provided in the plan described by Section 531.411(b)(1). (c) A systems of care community team member described by Section 531.409(1) may use resources from the agency that the member represents to address problems identified by the community team or by the systems of care policy team. (d) At the request of the systems of care community team, the commission shall designate one or more employees of the commission to assist the team in carrying out the team's duties. Sec. 531.411. COORDINATION AND ASSESSMENT TEAM MEMBERSHIP; DUTIES. (a) A systems of care coordination and assessment team is composed of a number of members who are appointed by a systems of care community team and serve at the will of the community team. (b) The systems of care coordination and assessment team shall: (1) develop and implement a plan for providing services from systems of care agencies to a person who is referred to the team and the person's family; (2) collect, analyze, and monitor data that relates to systems of care services provided to persons referred to the team and their families and report that analysis to the systems of care community team; and (3) perform other duties that the systems of care community team may assign. Sec. 531.412. TEAM ACTIONS SUBJECT TO EXECUTIVE COUNCIL APPROVAL. The actions of the systems of care policy team, a systems of care community team, and a systems of care coordination and assessment team are subject to approval by the systems of care executive council. Sec. 531.413. REIMBURSEMENT FOR EXPENSES. (a) An appointed member of the systems of care executive council, the systems of care policy team, a systems of care community team, or a systems of care coordination and assessment team may not receive compensation for service on the council or team but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the council or team, as provided by the General Appropriations Act. (b) The reimbursement may be paid from: (1) available funds of the systems of care agency with which the member is employed or that the member represents, in the case of a person whose membership on the council or team is a result of being an employee or representative of that agency; or (2) available funds of the commission, in the case of other members of the council or team. Sec. 531.414. SYSTEMS OF CARE TRUST FUND. The systems of care trust fund is created as a trust fund with the comptroller and shall be administered by the Health and Human Services Commission as a trustee on behalf of the systems of care agencies. Sec. 531.415. EXPANSION OF SYSTEMS OF CARE SERVICES; MERGER OF LOCAL GROUPS. (a) The systems of care executive council shall develop a plan for the statewide expansion of systems of care services and teams where needed in accordance with this subchapter. The plan must provide for: (1) merging an area served by a community resource coordination group established under a memorandum of understanding under Section 531.055, as added by Chapter 114, Acts of the 77th Legislature, Regular Session, 2001, into an area served by a systems of care community team; and (2) completing the expansion on or before September 1, 2011. (b) A reference in another statute to a systems of care community team includes within its meaning a community resource coordination group established under a memorandum of understanding under Section 531.055, as added by Chapter 114, Acts of the 77th Legislature, Regular Session, 2001. (c) A reference in another statute to a community resource coordination group established under a memorandum of understanding under Section 531.055, as added by Chapter 114, Acts of the 77th Legislature, Regular Session, 2001, includes within its meaning a systems of care community team. (d) This section expires September 1, 2011. Sec. 531.416. MERGER OF TEXAS INTEGRATED FUNDING INITIATIVE. (a) The systems of care policy team shall develop and implement a plan to merge each site participating in the Texas Integrated Funding Initiative under former Subchapter G, Chapter 531, as added by Chapter 446, Acts of the 76th Legislature, Regular Session, 1999, into an area served by a systems of care community team. (b) The plan must provide for the merger to be complete not later than September 1, 2011. The plan also must ensure that: (1) the same population groups served under the Texas Integrated Funding Initiative are served under this subchapter; and (2) the availability and quality of services provided to those population groups do not decrease. (c) This section expires September 1, 2011. SECTION 2. MEMORANDUM OF UNDERSTANDING TO IMPLEMENT PROVISION OF MULTIAGENCY SERVICES. Section 531.055, Government Code, as added by Chapter 114, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: Sec. 531.055. MEMORANDUM OF UNDERSTANDING ON THE PROVISION OF SERVICES FOR PERSONS NEEDING MULTIAGENCY SERVICES. (a) In this section, "systems of care agency" and "systems of care services" have the meanings assigned by Section 531.401. (b) Each systems of care [health and human services] agency[, the Texas Council on Offenders with Mental Impairments, the Texas Department of Criminal Justice, the Texas Department of Housing and Community Affairs, the Texas Education Agency, the Texas Workforce Commission, and the Texas Youth Commission] shall adopt a joint memorandum of understanding to establish [promote] a system in accordance with Subchapter K that coordinates the provision of [local-level interagency staffing groups to coordinate] services for persons needing multiagency services. (c) [(b)] The memorandum must: (1) clarify the statutory responsibilities of each agency in relation to persons needing multiagency services, including subcategories for different services such as prevention, family preservation and strengthening, aging in place, emergency shelter, diagnosis and evaluation, residential care, after-care, information and referral, medical care, and investigation services; (2) include a functional definition of "persons needing multiagency services"; (3) outline the membership and[,] officers of the systems of care executive council and teams established under Subchapter K[, and necessary standing committees of local-level interagency staffing groups]; (4) define procedures aimed at eliminating duplication of services relating to assessment and diagnosis, treatment, residential placement and care, and case management of persons needing multiagency services; (5) define procedures for addressing disputes between systems of care [the] agencies that relate to the agencies' areas of service responsibilities; (6) [provide that each local-level interagency staffing group includes: [(A) a local representative of each agency; [(B) representatives of local private sector agencies; and [(C) family members or caregivers of persons needing multiagency services or other current or previous consumers of multiagency services acting as general consumer advocates; [(7)] provide that the local representative of each agency has authority to contribute agency resources to solving problems identified by [the] local-level systems of care teams established under Subchapter K [interagency staffing group]; (7) [(8)] provide that if a person's needs exceed the resources of a systems of care [an] agency, the agency may, with the consent of the person's legal guardian, if applicable, submit a referral on behalf of the person to a systems of care coordination and assessment team established under Subchapter K, using referral procedures established by a systems of care community team under that subchapter [the local-level interagency staffing group for consideration]; (8) [(9) provide that a local-level interagency staffing group may be called together by a representative of any member agency; [(10)] provide that an agency representative may be excused from attending a meeting of a systems of care team established under Subchapter K if the team [staffing group] determines that the [age or] needs of a [the] person to be considered at the meeting are clearly not within the agency's service responsibilities, provided that each agency representative is encouraged to attend all meetings to contribute to the collective ability of the team [staffing group] to address [solve] a person's need for multiagency services; (9) [(11) define the relationship between state-level interagency staffing groups and local-level interagency staffing groups in a manner that defines, supports, and maintains local autonomy; [(12)] provide that records that systems of care agencies use or develop under Subchapter K and [are used or developed by a local-level interagency staffing group or its members] that relate to a particular person are confidential and may not be released to any other person or agency except as provided by this section or by other law; and (10) [(13)] provide a procedure that permits systems of care [the] agencies to share confidential information while preserving the confidential nature of the information. (d) Systems of care [(c) The] agencies [that participate in the formulation of the memorandum of understanding] shall consult with and solicit input from advocacy and consumer groups in formulating the memorandum of understanding. (e) Each systems of care agency shall conduct a biennial review of the memorandum of understanding and propose necessary changes to the memorandum. The agencies shall develop other revisions as necessary to reflect major agency reorganizations or other statutory changes affecting the agencies. (f) [(d)] Each systems of care agency shall adopt the memorandum of understanding and all revisions to the memorandum. [The agencies shall develop revisions as necessary to reflect major agency reorganizations or statutory changes affecting the agencies. [(e) The agencies shall ensure that a state-level interagency staffing group provides a biennial report to the executive director of each agency, the legislature, and the governor that includes: [(1) the number of persons served through the local-level interagency staffing groups and the outcomes of the services provided; [(2) a description of any barriers identified to the state's ability to provide effective services to persons needing multiagency services; and [(3) any other information relevant to improving the delivery of services to persons needing multiagency services.] SECTION 3. ADOPTION OF MEMORANDUM OF UNDERSTANDING. (a) Each systems of care agency shall adopt the joint memorandum of understanding, as provided by Section 531.055, Government Code, as amended by this Act, on or before September 1, 2004. (b) The memorandum of understanding adopted under Section 531.055, Government Code, as added by Chapter 114, Acts of the 77th Legislature, Regular Session, 2001, remains in effect until the memorandum of understanding adopted under Section 531.055, Government Code, as amended by this Act, is adopted and takes effect. SECTION 4. FUNDING PLAN FOR PROVISION OF MULTIAGENCY SERVICES. (a) The systems of care executive council created by Section 531.402, Government Code, as added by this Act, shall develop a plan for funding systems of care services and teams established under Subchapter K, Chapter 531, Government Code, as added by this Act, using all available state and federal money, including money used to fund a community resource coordination group established under a memorandum of understanding adopted under Section 531.055, Government Code, as added by Chapter 114, Acts of the 77th Legislature, Regular Session, 2001, or a site participating in the Texas Integrated Funding Initiative under Subchapter G, Chapter 531, Government Code, as added by Chapter 446, Acts of the 76th Legislature, Regular Session, 1999, as that subchapter existed before its repeal by this Act. (b) The systems of care executive council shall report on the plan to the legislature not later than September 1, 2004. SECTION 5. REPEALER; CONFORMING AMENDMENTS. (a) Section 242.801(2), Health and Safety Code, is repealed. (b) Subchapter G, Chapter 531, Government Code, as added by Chapter 446, Acts of the 76th Legislature, Regular Session, 1999, is repealed. This subsection does not affect the funding for or provision of services by a community participating in the Texas Integrated Funding Initiative under that subchapter before the effective date of this Act, and that subchapter is continued in effect for those purposes. (c) Section 531.151(2), Government Code, is amended to read as follows: (2) "Coordination and assessment team" ["Community resource coordination group"] means a systems of care coordination and assessment team established under Subchapter K [coordination group established under the memorandum of understanding adopted under Section 264.003, Family Code]. (d) Section 531.154(a), Government Code, is amended to read as follows: (a) Not later than the third day after the date a child is initially placed in an institution, the institution shall notify: (1) the Texas Department of Human Services, if the child is placed in a nursing home; (2) the local mental retardation authority, as defined by Section 531.002, Health and Safety Code, where the institution is located, if the child: (A) is placed in an ICF-MR, as defined by Section 531.002, Health and Safety Code; or (B) is placed by a state or local child protective services agency in an institution for the mentally retarded licensed by the Department of Protective and Regulatory Services; (3) the coordination and assessment team [community resource coordination group] in the county of residence of a parent or guardian of the child; (4) if the child is at least three years of age, the school district for the area in which the institution is located; and (5) if the child is less than three years of age, the local early intervention program for the area in which the institution is located. (e) Section 531.158, Government Code, is amended to read as follows: Sec. 531.158. LOCAL PERMANENCY PLANNING SITES. The commission shall develop an implementation system that consists initially of four or more local sites and that is designed to coordinate planning for a permanent living arrangement and relationship for a child with a family. In developing the system, the commission shall: (1) include criteria to identify children who need permanency plans; (2) require the establishment of a permanency plan for each child who lives outside the child's family or for whom care or protection is sought in an institution; (3) include a process to determine the agency or entity responsible for developing and overseeing implementation of a child's permanency plan; (4) identify, blend, and use funds from all available sources to provide customized services and programs to implement a child's permanency plan; (5) clarify and expand the role of a local coordination and assessment team [community resource coordination group] in ensuring accountability for a child who resides in an institution or who is at risk of being placed in an institution; (6) require reporting of each placement or potential placement of a child in an institution or other living arrangement outside of the child's home; and (7) assign in each local permanency planning site area a single gatekeeper for all children in the area for whom placement in an institution through a program funded by the state is sought with authority to ensure that: (A) family members of each child are aware of: (i) intensive services that could prevent placement of the child in an institution; and (ii) available placement options; and (B) permanency planning is initiated for each child. (f) Section 531.284(b), Government Code, is amended to read as follows: (b) In developing the statewide strategic plan, the office shall: (1) consider existing programs and models to serve children younger than six years of age, including: (A) systems of care coordination and assessment teams established under Subchapter K [community resource coordination groups]; (B) the Texas Integrated Funding Initiative; (C) the Texas Information and Referral Network; and (D) efforts to create a 2-1-1 telephone number for access to human services; (2) attempt to maximize federal funds and local existing infrastructure and funds; and (3) provide for local participation to the greatest extent possible. SECTION 6. INITIAL APPOINTEES TO EXECUTIVE COUNCIL. The initial appointees to the systems of care executive council created by Section 531.402, Government Code, as added by this Act, serve terms expiring February 1, 2005. SECTION 7. EFFECTIVE DATE. This Act takes effect September 1, 2003.