81R9695 MCK-D

By: Shapleigh, Uresti, Zaffirini S.B. No. 1030

A BILL TO BE ENTITLED

AN ACT

relating to providing certain health care services for certain military servicemembers.

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

SECTION 1. Subchapter A, Chapter 431, Government Code, is amended by adding Section 431.0186 to read as follows:

Sec. 431.0186. SCREENING FOR TRAUMATIC BRAIN INJURY. (a) The adjutant general shall require each member of the Texas National Guard who served during Operation Enduring Freedom or Operation Iraqi Freedom to be screened for traumatic brain injury.

(b) The adjutant general shall assist a member of the Texas National Guard who tests positive for traumatic brain injury in obtaining appropriate medical care.

SECTION 2. Chapter 1001, Health and Safety Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. PROGRAMS

Sec. 1001.101. TEXAS SERVICEMEMBERS ASSISTANCE PROGRAM. (a) In this section:

(1) "Post-traumatic stress disorder" means a psychiatric disorder that can occur in people who have experienced or witnessed life-threatening events, including natural disasters, serious accidents, terrorist incidents, war, or violent personal assaults.

(2) "Servicemember" and "state military forces" have the meanings assigned by Section 161.551.

(3) "Traumatic brain injury" means an acquired injury to the brain, including brain injuries caused by anoxia due to near drowning. The term does not include brain dysfunction caused by congenital or degenerative disorders or birth trauma.

(b) The department shall establish the Texas Servicemembers Assistance Program.

(c) The Texas Servicemembers Assistance Program must:

(1) include a 24-hour, toll-free telephone hotline through which a servicemember or a family member of a servicemember may, without regard to whether the servicemember qualifies for services under the program, obtain telephone counseling and information about mental health conditions that are likely to affect the servicemember, including traumatic brain injury and post-traumatic stress disorder;

(2) provide traumatic brain injury screening to all interested servicemembers, especially those returning from Operation Enduring Freedom and Operation Iraqi Freedom;

(3) provide servicemembers with additional diagnostic review and treatment for post-traumatic stress disorder or traumatic brain injury, including providing peer-based counseling, psychotherapy, prescriptions for behavioral health pharmaceuticals, intensive outpatient services, and physical therapy, speech therapy, and occupational therapy services;

(4) make a referral to a local mental health authority designated under Section 533.035 if a health care provider determines that a servicemember requires further treatment for a traumatic brain injury or other mental health condition; and

(5) provide referrals to the Texas Veterans Commission for assistance in applying for applicable state and federal benefits.

(d) A local mental health authority designated under Section 533.035 shall provide treatment for a traumatic brain injury or other mental health condition of any servicemember referred to the authority by the department.

(e) To qualify for services under the program, a servicemember must:

(1) reside in this state;

(2) be younger than 65 years of age;

(3) have served for at least 180 days of duty after the servicemember's initial training;

(4) not be an inmate of a public institution;

(5) not be a resident of a nursing facility;

(6) not have health care coverage that provides diagnostic review and treatment for post-traumatic stress disorder or traumatic brain injury; and

(7) be ineligible for services from the United States Department of Veterans Affairs or be unable to access those services because:

(A) the servicemember resides more than 75 miles from the nearest service provider;

(B) the servicemember does not have transportation to a service provider; or

(C) the servicemember must wait more than three months for an appointment with a service provider.

(f) A servicemember who does not meet the eligibility requirements for services under the program shall be referred to an appropriate service provider for follow-up care.

(g) To receive services under the program, an eligible servicemember must enroll in the program. Following expiration of the term of a servicemember's enrollment in the program, the servicemember may reenroll for services under the program if the department or its designee determines that the servicemember continues to qualify for treatment for post-traumatic stress disorder or traumatic brain injury.

(h) A family member of an enrolled servicemember may receive counseling services, appropriate training, and other appropriate services under the program.

(i) A person providing services to a servicemember or a family member of a servicemember under this section shall keep information obtained in rendering the services confidential and may not disclose medical or other related information regarding the servicemember to the United States armed forces, a United States Department of Veterans Affairs benefits claims entity, or the state military forces unless directed to do so by the servicemember.

SECTION 3. Not later than January 1, 2010, the executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to administer Section 1001.101, Health and Safety Code, as added by this Act.

SECTION 4. 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, 2009.