80R2620 E

By: Delisi H.B. No. 940

A BILL TO BE ENTITLED

AN ACT

relating to providing behavioral health services and the Mental Health Transformation Project.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Sections 531.093 through 531.097 to read as follows:

Sec. 531.093. DUTIES OF EXECUTIVE COMMISSIONER REGARDING BEHAVIORAL HEALTH. (a) The executive commissioner, in support of Mental Health Transformation Project efforts, shall implement programs and policies that recognize the importance of early intervention and recovery in treating behavioral health conditions.

(b) In implementing programs required by Subsection (a), the executive commissioner shall address any disparity for racial and ethnic groups in the type of behavioral health services provided and in the availability of those services. The executive commissioner shall implement methods to reduce that disparity and identify interagency initiatives that reduce that disparity.

(c) The executive commissioner shall:

(1) develop a comprehensive recovery culture through:

(A) education and networking initiatives at state and local levels; and

(B) the development of recovery-based patient and family education and disease management opportunities and appropriate materials for behavioral health patients, family members of patients, and mental health organizations;

(2) develop and coordinate uniform standards, processes, data, and contracting requirements for behavioral health services that reflect early intervention and recovery as goals;

(3) develop methods to share information among state agencies participating in Mental Health Transformation Project efforts to ensure that state agencies have access to the same information and to eliminate duplication of duties and services;

(4) support the use of new technologies and the implementation of information sharing mechanisms at the local community level;

(5) implement behavioral health peer support programs across the state;

(6) develop partnership models with behavioral health patients, their family members, behavioral health consumer groups, and behavioral health service providers at the state and local levels;

(7) collaborate with universities and community colleges to develop appropriate training programs for behavioral health professionals that reflect current evidence-based best practices and expand the use of new technologies to promote long-distance learning initiatives to include opportunities for continuing education in behavioral health;

(8) consult with the professional licensing and credentialing organizations with a role in behavioral health to share information on current evidence-based behavioral health practices to facilitate licensing and professional credentialing standards that reflect current best practices; and

(9) develop evidence-based programs to better assist a person with behavioral health issues in obtaining both an education and employment in the person's community to facilitate sustained recovery.

Sec. 531.094. MENTAL HEALTH TRANSFORMATION WORKGROUP. (a) In this section, "workgroup" means the mental health transformation workgroup.

(b) The workgroup shall:

(1) develop and assess screening tools and models for early detection of behavioral health problems;

(2) develop interagency behavioral health information sharing protocols and coordination requirements that will achieve efficient and effective care of behavioral health patients;

(3) develop common metrics and outcome measures for behavioral health interventions;

(4) develop a common method for state agencies to measure the outcome of behavioral health interventions; and

(5) develop recommendations for participation in federal and state initiatives to ensure that behavioral health services are adequately reflected in electronic health records initiatives.

(c) Not later than December 1, 2008, the workgroup shall present to the Texas Legislature:

(1) a status report on current efforts and recommendations regarding the development of standard definitions, training, and contracting requirements for behavioral health services;

(2) information on the return on investment to the state of the state's investment in providing behavioral health services in emergency rooms, adult and child protective services, and in the adult and juvenile justice systems;

(3) an assessment of the effect of the use of coordinated behavioral health interventions on average daily attendance in public schools as provided by Section 42.005, Education Code, and graduation rates; and

(4) an analysis of the progress made with the state's mental health transformation goals.

(d) This section expires on December 31, 2012, unless reauthorized by the legislature.

Sec. 531.095. AGENCIES PARTICIPATING IN MENTAL HEALTH TRANSFORMATION EFFORTS. (a) In this section, "agencies participating in Mental Health Transformation efforts" means any agency the governor designates as a participating agency in the Mental Health Transformation Project. The governor shall appoint the members of the mental health transformation workgroup and designate a lead agency to oversee the Mental Health Transformation Project. The governor may make additional appointments to the workgroup from other governmental entities and private sector stakeholders as may be needed to oversee the implementation of the Mental Health Transformation Project.

(b) Participating agencies shall work in coordination with the mental health transformation workgroup.

Sec. 531.096. INTERVENTION IN CHILDREN AND ADOLESCENTS. To combat mental illness occurring in children and adolescents as early as possible, to minimize poor school outcomes, and to improve academic and vocational opportunities, the executive commissioner in collaboration with the commissioner of education shall:

(1) assess the availability and adequacy of school-based behavioral health services and the assistance provided to schools and children who exhibit a clear indication of risk for referral to disciplinary classrooms or other behavioral referrals, juvenile justice involvement, or other actions by community-based mental health and substance abuse prevention and treatment services; and

(2) build on initiatives regarding early childhood intervention for children and adolescents by using a system of care approach and by building a population-based, early intervention approach for identified high risk children and adolescents.

Sec. 531.097. MENTAL HEALTH ISSUES IN RURAL COMMUNITIES. (a) In this section:

(1) "Telehealth service" has the meaning assigned by Section 57.042, Utilities Code.

(2) "Telemedicine medical service" has the meaning assigned by Section 57.042, Utilities Code.

(b) The executive commissioner may:

(1) implement programs that use telemedicine medical services and new technologies in rural areas to increase the quality of and access to behavioral health care;

(2) develop initiatives and programs that address the shortage of behavioral health professionals in rural areas, including opportunities for cross-training and continuing education;

(3) develop community behavioral health collaboratives in the state, including in rural areas, that can serve as prototypes for statewide transformation, using the collaboratives to develop a strong commitment by broad-based community leadership and to empower the community to address high priority needs through collaborations among agencies that have previously had limited or no working relationships; and

(4) address rural workforce development needs through the use of telehealth services, videoconferencing, and other technologies.

SECTION 2. This Act takes effect immediately 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 immediate effect, this Act takes effect September 1, 2007.