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A BILL TO BE ENTITLED
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AN ACT
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relating to behavioral health services for children and |
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establishment of the Children's Behavioral Health Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.251, Government Code, is amended to |
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read as follows: |
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Sec. 531.251. TEXAS INTEGRATED FUNDING INITIATIVE PILOT |
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PROJECT [CONSORTIUM]; DEFINITION; EXPANSION PLAN. (a) In this |
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subchapter, "council" means the Children's Behavioral Health |
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Council established under Section 531.425. |
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(a-1) The council [commission] shall [form a consortium to] |
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develop criteria for and implement the expansion of the Texas |
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Integrated Funding Initiative pilot project and [to] develop local |
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mental health care systems in communities for minors who are |
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receiving residential mental health services or who are at risk of |
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residential placement to receive mental health services. [The
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consortium must include representatives of the Texas Department of
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Mental Health and Mental Retardation, Department of Protective and
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Regulatory Services, Texas Education Agency, Texas Youth
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Commission, Texas Juvenile Probation Commission, and Texas
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Commission on Alcohol and Drug Abuse and an equal number of family
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advocates.] |
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(b) The commission and the council [consortium] shall: |
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(1) develop a model and guidelines for the delivery of |
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mental health services and support to a minor, initiated before the |
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person's 18th birthday, including best practices in the financing, |
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administration, governance, and delivery of those services; |
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(2) establish a plan to expand the Texas Integrated |
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Funding Initiative [so that the initiative may operate in up to six
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communities]; and |
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(3) identify appropriate sources of state and federal |
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funding to finance mental health services under the initiative from |
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a central fund for expansion communities. |
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SECTION 2. Subsection (b), Section 531.252, Government |
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Code, is amended to read as follows: |
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(b) The commission and the council [consortium] shall |
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develop criteria to evaluate proposals for selecting expansion |
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communities to participate in the expanded initiative. The |
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criteria must: |
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(1) reflect the underlying principles of the Texas |
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Integrated Funding Initiative; |
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(2) emphasize services that are culturally competent, |
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family-centered, and seamless; |
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(3) identify populations to be served under the |
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proposals; |
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(4) establish for the expansion communities service |
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outcome goals related to minors who are receiving residential |
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mental health services or who are at risk of residential placement |
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to receive mental health services, including: |
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(A) decreasing incidents of abuse or neglect of |
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the minors; |
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(B) reducing recidivism rates of juvenile |
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offenders; |
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(C) increasing school attendance and progress of |
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the minors; |
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(D) reducing the rate of placement of the minors |
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in residential treatment; |
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(E) increasing the rate of reunification of the |
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minors with their families; |
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(F) improving the emotional, behavioral, and |
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social adjustment of the minors; and |
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(G) improving the stability of placements of the |
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minors; |
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(5) provide for locations of participating |
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communities in urban, suburban, and rural settings; and |
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(6) specify information that must be provided in a |
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proposal for a community, including: |
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(A) information on the costs of the activities |
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proposed; and |
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(B) the characteristics of minors in the |
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community who are in residential care for mental health services or |
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who are at risk of being placed in residential care to receive |
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mental health services. |
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SECTION 3. Section 531.253, Government Code, is amended to |
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read as follows: |
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Sec. 531.253. SELECTION OF EXPANSION COMMUNITIES. The |
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commission and the council may [consortium shall] review proposals |
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for expansion communities and approve the participation of those |
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communities [not more than six communities to participate in the
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initiative]. The selected communities must be those that best meet |
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the criteria developed under Section 531.252. |
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SECTION 4. Section 531.254, Government Code, is amended to |
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read as follows: |
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Sec. 531.254. SYSTEM DEVELOPMENT COLLABORATION. The |
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commission, the council [consortium], and the expansion |
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communities shall collaborate to develop and shall share technical |
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assistance and training resources to aid communities in developing |
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local systems for delivering mental health services to minors. |
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SECTION 5. Subsections (a), (b), and (c), Section 531.255, |
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Government Code, are amended to read as follows: |
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(a) The commission and the council [Texas Department of
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Mental Health and Mental Retardation] jointly shall monitor the |
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progress of the expansion communities. |
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(b) The commission, the council [consortium], and the |
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expansion communities shall collaborate to develop a system to |
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evaluate the success of the expansion communities in achieving |
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outcome goals for the minors the communities serve, including |
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outcome goals developed under Section 531.252. An evaluation under |
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the system must include information on cost avoidance and net |
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savings that result from participation in the initiative. |
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(c) Each expansion community shall identify the baseline |
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information to compare with the information on outcomes in |
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evaluating the achievements of the community. A community is |
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responsible for collecting and reporting outcome information to the |
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commission and the council in accordance with the requirements of |
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the evaluation system developed under Subsection (b). |
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SECTION 6. Section 531.421, Government Code, is amended by |
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adding Subdivision (3-a) to read as follows: |
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(3-a) "Council" means the Children's Behavioral Health |
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Council established under Section 531.425. |
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SECTION 7. Subsection (c), Section 531.422, Government |
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Code, is amended to read as follows: |
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(c) Each community resource coordination group shall submit |
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the report described by Subsection (b) to the council [consortium]. |
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The council [consortium] shall provide a deadline to each group for |
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submitting the reports. The time frame for completing the reports |
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must be coordinated with any regional reviews by the commission of |
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the delivery of related services. |
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SECTION 8. Subchapter L, Chapter 531, Government Code, is |
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amended by adding Sections 531.425 and 531.426 to read as follows: |
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Sec. 531.425. CHILDREN'S BEHAVIORAL HEALTH COUNCIL. |
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(a) The Children's Behavioral Health Council is established to |
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provide a coordinated, comprehensive, interagency approach to the |
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development and delivery of behavioral health services to children. |
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(b) The council is composed of: |
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(1) one representative with decision-making authority |
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from each of the following state agencies, appointed by the chief |
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administrative officer of the respective agency: |
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(A) the Health and Human Services Commission; |
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(B) the Department of State Health Services; |
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(C) the Department of Family and Protective |
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Services; |
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(D) the Department of Assistive and |
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Rehabilitative Services; |
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(E) the Department of Aging and Disability |
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Services; |
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(F) the Texas Education Agency; |
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(G) the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments; |
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(H) the Texas Juvenile Probation Commission; and |
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(I) the Texas Youth Commission; and |
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(2) an equal number of representatives of the public |
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appointed by the governor, including: |
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(A) representatives of: |
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(i) children's mental health advocacy |
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groups; |
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(ii) organizations with expertise in |
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behavioral health issues involving children; and |
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(iii) providers of community-based |
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children's mental health services, including local mental health |
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authorities; and |
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(B) at least five representatives who: |
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(i) are family members of a child with a |
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mental health disorder; or |
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(ii) received mental health services as a |
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child. |
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(c) The members of the council shall annually elect one |
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agency representative and one public representative to serve as |
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co-chairs. |
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(d) The council shall: |
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(1) develop and implement coordinated state policies |
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to improve the behavioral health of children; |
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(2) develop a coordinated system for planning and |
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budgeting that establishes priorities and strategies for the |
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coordinated delivery of behavioral health services to children; |
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(3) develop a coordinated system to track and report |
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spending on behavioral health services for children by agencies |
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represented by a member of the council; |
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(4) administer state grants for development of local |
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systems of care services; |
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(5) develop a plan to support the statewide expansion |
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of local systems of care services; |
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(6) ensure a central role for the local mental health |
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authority in the expansion and operation of the local systems of |
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care; |
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(7) provide technical assistance and training to local |
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providers of systems of care services; |
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(8) design an integrated funding structure for the |
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provision of behavioral health services for children in accordance |
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with Section 531.426; |
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(9) assess the provision of behavioral health services |
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to children to eliminate duplication of efforts and identify |
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opportunities to consolidate those efforts; and |
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(10) assist the Mental Health Transformation |
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Workgroup in fulfilling the workgroup's responsibilities regarding |
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children's mental health services and coordinate the council's |
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activities with the workgroup. |
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(e) The council is administratively attached to the |
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commission. The commission, through the commission's Office of |
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Program Coordination for Children and Youth, shall provide |
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administrative support and resources to the council as necessary to |
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enable the council to perform its duties. |
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(f) A public member of the council may not receive |
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compensation for serving on the council, but is entitled to |
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reimbursement for travel expenses incurred while conducting the |
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business of the council, as provided by the General Appropriations |
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Act. |
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(g) The council is not subject to Chapter 2110. |
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Sec. 531.426. INTEGRATED FUNDING STRUCTURE FOR CERTAIN |
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BEHAVIORAL HEALTH SERVICES. (a) The council shall design an |
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integrated cross-agency funding structure for the provision of |
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behavioral health services to children. |
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(b) In creating the funding structure, the council shall |
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consider: |
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(1) the use of existing categorical or noncategorical |
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federal, state, and local funds; |
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(2) the use of blended or braided funding |
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arrangements; |
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(3) which funds should be included in the funding |
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structure and how the funds should be structured; and |
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(4) the role of the local mental health authority as |
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the local funds manager responsible for local planning and network |
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development. |
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(c) The council may hire a consultant with nationally |
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recognized system of care expertise to assist with designing the |
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funding structure. |
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(d) Not later than December 1, 2008, the council shall |
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submit a report to the governor and the Legislative Budget Board |
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that: |
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(1) describes the funding structure designed by the |
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council; and |
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(2) identifies the steps necessary to implement the |
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structure, including identification of necessary statutory changes |
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or federal approvals. |
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(e) Subsection (d) and this subsection expire September 1, |
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2009. |
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SECTION 9. Effective December 1, 2008, Subchapter L, |
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Chapter 531, Government Code, is amended by adding Section 531.427 |
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to read as follows: |
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Sec. 531.427. HOME AND COMMUNITY SERVICES FOR CHILDREN WITH |
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SEVERE EMOTIONAL DISTURBANCES. (a) The commission shall maximize |
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funding for home and community-based services for children with |
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severe emotional disturbances by providing those services, to the |
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greatest extent possible, through a Section 1915(c) waiver program |
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or other Medicaid program. |
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(b) In implementing a program to deliver services to |
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children with severe emotional disturbances under Subsection (a), |
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the commission shall develop a plan to assist a child receiving |
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services delivered through the program when the child transitions |
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out of the program. |
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SECTION 10. (a) Subdivision (3), Section 531.421, |
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Government Code, is repealed. |
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(b) Sections 531.423 and 531.424, Government Code, are |
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repealed. |
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SECTION 11. (a) Not later than October 1, 2007, the chief |
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administrative officer of each agency listed in Subsection (b), |
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Section 531.425, Government Code, as added by this Act, shall |
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appoint the agency's representative to the Children's Behavioral |
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Health Council established by that section. |
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(b) Not later than October 1, 2007, the governor shall |
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appoint the public members of the Children's Behavioral Health |
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Council established by Section 531.425, Government Code, as added |
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by this Act. |
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SECTION 12. Not later than December 1, 2008, the Health and |
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Human Services Commission shall submit a report to the standing |
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committees of the senate and house of representatives having |
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primary jurisdiction over the state Medicaid program regarding the |
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commission's plan for maximizing funding in accordance with Section |
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531.427, Government Code, as added by this Act, including detailed |
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information regarding: |
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(1) any Section 1915(c) waiver program, as defined by |
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Section 531.001, Government Code, or Medicaid program that will be |
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used to maximize funding; |
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(2) the categories of funding that will be blended; |
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(3) the effects of the maximization of funding on: |
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(A) the services available; and |
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(B) the method of delivering the services; and |
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(4) any other information relevant to the maximization |
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of funding, as determined by the commission. |
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SECTION 13. The changes in law made by this Act to |
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Subchapter G-1, Chapter 531, Government Code, do not affect the |
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funding for or provision of services by a community participating |
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in the Texas Integrated Funding Initiative under that subchapter |
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before the effective date of this Act. |
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SECTION 14. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2007. |
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