79R365 JJT-D

By:  Nelson                                                       S.B. No. 194


A BILL TO BE ENTITLED
AN ACT
relating to local delivery of aging, disability, behavioral health, and mental retardation services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 531, Government Code, is amended by adding Subchapter M to read as follows:
SUBCHAPTER M. SERVICE DELIVERY THROUGH LOCAL SERVICE AUTHORITIES BY REGION
Sec. 531.451. RELATION TO OTHER LAW. This subchapter prevails over any other law related to the regulation or delivery of services by health and human services agencies to the extent that the other law is in conflict or inconsistent with this subchapter. Sec. 531.452. DEFINITIONS. (a) In this subchapter: (1) "Aging and disabled services" includes: (A) aging services; (B) mental retardation services; (C) community care services for elderly persons or persons with disabilities; and (D) nursing home services. (2) "Behavioral health services" includes mental health services and chemical dependency services. (3) "Chemical dependency" has the meaning assigned by Section 461.002, Health and Safety Code. (4) "Local service authority" means a local aging and disabled authority or a local behavioral health authority. (5) "Mental health services" has the meaning assigned by Section 531.002, Health and Safety Code. (6) "Mental retardation services" has the meaning assigned by Section 531.002, Health and Safety Code. (b) A reference in other law to a "local mental health authority" means a "local behavioral health authority." (c) A reference in other law to a "local mental retardation authority" means a "local aging and disabled authority." (d) A reference in other law to the Texas Department of Mental Health and Mental Retardation means: (1) the executive commissioner when used in relation to the authority to adopt rules or make policy regarding mental health services or mental retardation services; (2) the Department of State Health Services when used in relation to the authority to administer mental health services; and (3) the Department of Aging and Disability Services when used in relation to the authority to administer mental retardation services. Sec. 531.453. DELIVERY SYSTEM FOR AGING, DISABILITY, AND BEHAVIORAL HEALTH SERVICES. (a) In accordance with this subchapter, the executive commissioner shall establish a system for aging and disabled services and behavioral health services to be coordinated by local service authorities, with each local service authority having jurisdiction over a local service region and coordinating the provision of services under contract with the Department of Aging and Disability Services or the Department of State Health Services. (b) The executive commissioner shall develop and adopt policies and rules governing the assessment and eligibility for and the provision of services in local service regions. Rules adopted under this subsection must: (1) address the procedures, methods, and criteria for the Department of Aging and Disability Services or the Department of State Health Services to place a local service authority in receivership for mismanagement or poor performance; and (2) establish comprehensive contract management practices and principles to ensure that: (A) the service delivery systems are both effective and financially accountable at the local service region level; (B) barriers in the application for and delivery of local services are eliminated to the greatest extent practicable; and (C) contract management by each department and local service authority is effective. (c) The executive commissioner shall ensure that a local service authority conducts its assessments of a potential client's financial eligibility for services according to the commission's eligibility system. (d) The commission shall coordinate Medicaid services provided through the service provider resources of local service authorities. Sec. 531.454. ROLE OF DEPARTMENT OF AGING AND DISABILITY SERVICES. (a) The Department of Aging and Disability Services, in conjunction with the commission, is responsible for ensuring the provision of aging and disabled services and for coordinating the provision of those services locally. (b) The department shall manage contracts with local aging and disabled authorities for ensuring the provision of local services. (c) The department in coordination with the commission may determine financing options for payment of costs of services to be provided locally and for reimbursement of local service providers. (d) The department is responsible for approving: (1) the creation and operations of local aging and disabled authorities in their respective local service regions; and (2) the local service delivery plan for each local service region. (e) The department shall ensure that contracts involving aging services comply with requirements of the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.). (f) The department shall ensure that the local service delivery systems are in accord with the "Enterprise" vision and mission of the commission to: (1) ensure a comprehensive and cost-effective service delivery system that is easily accessed and aimed at developing and improving service options responsive to individual needs and preferences; (2) promote individual well-being, dignity, and choice; (3) work in partnership with consumers, caregivers, service providers, and local stakeholders; and (4) ensure and protect consumers' self-determination, rights, and safety. Sec. 531.455. ROLE OF DEPARTMENT OF STATE HEALTH SERVICES. (a) The Department of State Health Services, in conjunction with the commission, is responsible for ensuring the provision of behavioral health services and for coordinating the provision of those services locally. (b) The department shall manage contracts with local behavioral health authorities for ensuring the provision of local services. (c) The department in coordination with the commission may determine financing options for payment of costs of services to be provided locally and for reimbursement of local service providers. (d) The department is responsible for approving: (1) the creation and operations of local behavioral health authorities in their respective local service regions; and (2) the local service delivery plan for each local service region. (e) The Department of State Health Services shall ensure that local behavioral health service delivery systems further the following goals: (1) making the behavioral health care system one that is family-driven and consumer-driven by: (A) developing individualized plans of care for every adult with a serious mental illness or a substance abuse problem and for every child with a serious emotional disturbance or a substance abuse problem; (B) involving consumers and families fully in orienting the behavioral health system toward recovery; and (C) protecting and enhancing the rights of people with mental illness or substance abuse problems; (2) eliminating disparities in behavioral health services by: (A) improving access to culturally competent quality care; and (B) improving access to quality care in rural and remote areas; and (3) making early behavioral health screening, assessment, and referral to services a common practice by: (A) promoting the behavioral health of young children; (B) improving public school system behavioral health programs; and (C) screening for co-occurring mental and substance abuse disorders and treating persons with integrated treatment strategies. Sec. 531.456. LOCAL SERVICE REGIONS. (a) The executive commissioner shall establish local service regions for delivery of services by local service delivery systems coordinated by local behavioral health authorities and local service regions for delivery of services by local service delivery systems coordinated by local aging and disabled authorities. Local service regions for behavioral health authorities must be the same as those for local service regions for aging and disabled authorities. (b) In developing the local service regions, the executive commissioner shall: (1) ensure that each local service region includes communities with common or similar needs for relevant services; (2) consider the services referral and delivery systems available for use in the proposed local service regions; and (3) design the local service regions so that: (A) each county in this state is included in a region; and (B) each region includes: (i) only adjacent counties; and (ii) more than one county. (c) The executive commissioner may revise the local service regions in response to changing needs or information. Before revising the regions, the executive commissioner must give public notice and an opportunity for comment in accordance with rules adopted by the executive commissioner. The rules governing notice and comment must be designed to allow the public, local service authorities, representatives of communities, and interested persons and organizations to appeal or comment on any community's inclusion in or exclusion from a local service region and to allow those persons, representatives, and organizations to comment on the inclusion in or exclusion from a local service region of any resource available for service referral or delivery. Sec. 531.457. ROLES AND DUTIES OF LOCAL SERVICE AUTHORITIES. (a) A local service authority, as a contractor of the Department of Aging and Disability Services or the Department of State Health Services, shall: (1) provide for public access to the intake and assessment process for aging, disability, or behavioral health services needs and for those appropriate activities delegated locally by the state as they relate to eligibility for services; and (2) provide for the development of service delivery plans for eligible clients of the authority. (b) A local service authority may not provide services directly. A local service authority shall ensure the development and maintenance of: (1) a network of providers of services for the authority's local service region; and (2) other needed resources to support the delivery of services in the authority's local service region. (c) A local service authority shall endeavor to improve the capacities of the communities by fostering partnerships among service providers and other resources and shall raise community awareness of the available services and service needs of the local service region. (d) A local service authority shall provide for local service delivery planning and shall ensure that interested local persons, providers, and organizations are encouraged to comment on planning issues and participate in planning. A local service authority shall define the local service region's service delivery goals and priorities in the local service delivery plan. The local service authority may not implement a local service delivery plan until the plan is approved by the department that contracts with the local service authority. The local service delivery plan must be designed to: (1) ensure access to various kinds of available services through a single entity with coordinated service access points; and (2) maximize the receipt of federal matching money available for services by using different and advantageous service delivery models and facilities. (e) A local service authority shall have a continuing quality assurance and quality improvement program to ensure that services delivered are adequate and appropriate. (f) A local service authority shall have an ombudsman program to assist clients of the region and other interested persons in resolving complaints and in making appeals regarding eligibility or regarding services delivered or denied. (g) A local service authority is responsible for coordinating the use of facilities and services. Sec. 531.458. COMPOSITION OF BOARDS OF DIRECTORS OF LOCAL SERVICE AUTHORITIES. (a) The chief elected officials of each local service region for aging and disabled services shall appoint the board of directors of the region's local aging and disabled authority and the chief elected officials of each local service region for behavioral health services shall appoint the board of directors of the region's local behavioral health authority. The composition of the board of directors for a local service authority must reflect the ethnic and geographic diversity of the authority's local service region. (b) The board of directors for a local aging and disabled authority should include as members: (1) an elderly resident of the region; (2) a consumer of services for the person's disability; (3) a person with mental retardation; and (4) members of the general public. (c) The board of directors for a local behavioral health authority should include as members: (1) an adult with a mental illness; (2) a parent of a child with a serious emotional disturbance; (3) a person with a substance abuse problem; (4) a person with, or a person advocating for a person with, co-occurring behavioral health disorders; and (5) members of the general public. Sec. 531.459. SERVICE COORDINATION BY LOCAL AGING AND DISABLED AUTHORITIES. (a) A local aging and disabled authority shall coordinate services for persons in the authority's local service region and shall provide assistance to persons seeking services for themselves or for others in accessing appropriate information, treatment resources, and supports to assist a person to achieve a level of independence, quality of life, and participation in the community that is acceptable to the person and the person's legally authorized representative, family member, or caregiver. (b) The Department of Aging and Disability Services shall ensure that an aging and disabled authority's service delivery system is designed to: (1) create a support system for a family that chooses to keep a family member who is aging or who has a disability at the family's home; (2) ensure a continuum of care for all persons with disabilities; (3) make preparations in consideration of the anticipated increase in the population of aged residents of this state who may be in need of services; (4) foster partnerships among state agency programs, local health departments, hospital districts, and other parties; and (5) allow for innovative or new models of service delivery. (c) An authority's service coordination activities may include, to the extent they are consistent with the terms of the authority's contracts with the Department of Aging and Disability Services: (1) providing information, assistance, and referrals for services; (2) providing benefits counseling; (3) assessing persons seeking services; (4) planning and coordinating various available services across programs; (5) monitoring services; (6) providing relocation services and transition services; (7) determining eligibility for services; and (8) engaging in crisis prevention and crisis management activities. Sec. 531.460. SERVICE COORDINATION BY LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) A local behavioral health authority shall coordinate services for clients in the authority's local service region and shall provide assistance to persons seeking services for themselves or for others in accessing appropriate information, treatment resources, and supports to assist in identifying a person's illness or condition and to develop a plan for the provision of services. (b) The Department of State Health Services shall ensure that a local behavioral health authority's service delivery system is designed to: (1) encourage integration of behavioral health and primary care services; (2) decrease the stigma associated with mental health services; (3) more effectively treat persons with multiple diagnoses or with behavioral health issues and physical health issues; (4) foster partnerships among state agency programs, local health departments, hospital districts, and other parties; (5) allow for innovative or new models of service delivery; (6) maximize to the extent practicable federal matching money; and (7) improve services for children with serious emotional disturbances by linking programs and resources related to children's mental health into a more integrated system. (c) An authority's service coordination activities may include, to the extent they are consistent with the terms of the authority's contracts with the Department of State Health Services: (1) providing information, assistance, and referrals for services; (2) providing benefits counseling; (3) assessing persons seeking services; (4) planning and coordinating various available services across programs; (5) monitoring services; (6) authorizing services; (7) planning for discharge of clients and postdischarge treatment, services, or supports as needed; and (8) determining eligibility for services. Sec. 531.461. LOCAL BEHAVIORAL HEALTH AUTHORITY RESOURCES FOR CHILDREN. (a) A local behavioral health authority shall design system of care resources for children with serious emotional disturbances that recognize: (1) the unique needs of such children; (2) the various programs in this state through which a child may be directed to the authority for services; and (3) the various programs available to the child, the child's family, and the authority through which the child and the child's family may receive behavioral health services or other services. (b) A local behavioral health authority shall develop formal partnerships and coordinate with entities in the authority's local service region, including school districts, state and local agencies, and service providers, to ensure that a child with a serious emotional disturbance receives the most appropriate and effective care and services to the extent possible. As appropriate, the authority shall use teams composed of representatives of public and private service providers and members of the child's family to develop individual and family service plans that encompass to the extent possible all appropriate services and direct interagency and provider cooperation as necessary to further the plans. (c) The authority shall establish a system for integrating funding for a child's services from various available sources to provide a spectrum of services to meet the needs of a child and the child's family. In establishing the system the authority shall consider the criteria and expansion plans developed for the Texas Integrated Funding Initiative under Subchapter G-1. SECTION 2. Section 533.035(g), Health and Safety Code, is repealed. SECTION 3. (a) To implement Section 531.456, Government Code, as added by this Act, the executive commissioner of the Health and Human Services Commission shall issue for public comment a draft proposal for dividing this state into local service regions for delivery of behavioral health services, including mental health and chemical dependency services, by local behavioral health authorities and for delivery of services for aging persons and persons with disabilities by local aging and disabled authorities. (b) In developing the proposed local service regions, the executive commissioner shall: (1) analyze aging, disability, and behavioral health services needs in, and service delivery to, urban and rural areas to determine whether urban and rural service delivery in a local service region may be more effectively provided jointly or separately and consider the results of that analysis in combining communities into local service regions; and (2) otherwise comply with the requirements and procedures prescribed by Section 531.456, Government Code, as added by this Act. SECTION 4. (a) The executive commissioner of the Health and Human Services Commission by rule shall establish a procedure for the chief elected officials of each local service region established under Section 531.456, Government Code, as added by this Act, to convene and establish a governing structure for the region's local behavioral health authority or local aging and disabled authority. The rules must provide guidelines for the officials to follow in establishing the responsibilities and functions of each authority. (b) In developing plans for the local service delivery structure, the chief elected officials shall: (1) solicit information, guidance, and comments from interested persons and organizations in the local service region, including persons and organizations of persons who may receive or provide services; (2) evaluate the needs in the local service region for services to be coordinated through the local service authority; (3) evaluate the need for and use of locally provided funding resources; (4) develop methods to improve coordination of local services; (5) consider and encourage the use of private service providers and of innovative service delivery models; (6) consider the variety of programs for and services provided to children and address children's programs and services and the coordination of those programs and services in the local service delivery plan; and (7) consider the use of 16-bed inpatient mental health facilities to maximize the receipt of available federal matching money for mental health services. (c) The Health and Human Services Commission shall make available to the chief elected officials the recommendations of the mental health working group of the Texas State Strategic Health Partnership regarding behavioral health services reform. (d) The Health and Human Services Commission, the Department of Aging and Disability Services, and the Department of State Health Services shall provide the chief elected officials with needed technical assistance and advice in their efforts to establish the governing structure of a local service authority under this section. (e) An entity is eligible for designation as a local service authority only if the entity will not provide services after its designation. Entities eligible for designation as a local service authority include: (1) a local mental health or mental retardation authority; (2) a hospital district or health services district; (3) a local health department or public health district; (4) a city or county government; (5) an area agency on aging; (6) a council of government; (7) a provider of services; (8) a new entity created by the chief elected officials or others; (9) a state-operated entity; and (10) a private entity. (f) The chief elected officials of each local service region, in conjunction with the Health and Human Services Commission, the Department of Aging and Disability Services, the Department of State Health Services, the existing local mental health and mental retardation authorities with jurisdiction in the local service region, and the board of directors of the region's local behavioral health authority or local aging and disabled authority, as appropriate, shall develop a transition plan to manage the replacement of local mental health and mental retardation authority responsibilities and services with those of the new local behavioral health authority or local aging and disabled authority and to manage the transition from the provision of services under the law immediately preceding the effective date of this Act to the provision of services by local service authorities under Subchapter M, Chapter 531, Government Code, as added by this Act, in accordance with rules adopted under that subchapter. The transition plan must provide for services to be delivered without disruption. SECTION 5. (a) The Department of State Health Services shall assist the chief elected officials of each local service region in designing service delivery systems and resources for behavioral health care to be coordinated through their local behavioral health authorities. (b) In providing assistance under Subsection (a) of this section, the Department of State Health Services shall examine and promote the solutions to challenges in the mental health care system that are identified by the President's New Freedom Commission on Mental Health in its July 2003 final report. SECTION 6. The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this Act and the changes in law made by this Act not later than December 31, 2006. SECTION 7. This Act takes effect September 1, 2005.