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A BILL TO BE ENTITLED
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AN ACT
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relating to providing certain health care services for certain |
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military servicemembers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 431, Government Code, is |
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amended by adding Section 431.0186 to read as follows: |
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Sec. 431.0186. SCREENING FOR TRAUMATIC BRAIN INJURY. (a) |
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The adjutant general shall require each member of the Texas |
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National Guard who served during Operation Enduring Freedom or |
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Operation Iraqi Freedom to be screened for traumatic brain injury. |
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(b) The adjutant general shall assist a member of the Texas |
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National Guard who tests positive for traumatic brain injury in |
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obtaining appropriate medical care. |
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SECTION 2. Chapter 1001, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. PROGRAMS |
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Sec. 1001.101. TEXAS SERVICEMEMBERS ASSISTANCE PROGRAM. |
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(a) In this section: |
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(1) "Post-traumatic stress disorder" means a |
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psychiatric disorder that can occur in people who have experienced |
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or witnessed life-threatening events, including natural disasters, |
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serious accidents, terrorist incidents, war, or violent personal |
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assaults. |
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(2) "Servicemember" and "state military forces" have |
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the meanings assigned by Section 161.551. |
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(3) "Traumatic brain injury" means an acquired injury |
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to the brain, including brain injuries caused by anoxia due to near |
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drowning. The term does not include brain dysfunction caused by |
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congenital or degenerative disorders or birth trauma. |
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(b) The department shall establish the Texas Servicemembers |
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Assistance Program. |
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(c) The Texas Servicemembers Assistance Program must: |
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(1) include a 24-hour, toll-free telephone hotline |
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through which a servicemember or a family member of a servicemember |
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may, without regard to whether the servicemember qualifies for |
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services under the program, obtain telephone counseling and |
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information about mental health conditions that are likely to |
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affect the servicemember, including traumatic brain injury and |
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post-traumatic stress disorder; |
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(2) provide traumatic brain injury screening to all |
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interested servicemembers, especially those returning from |
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Operation Enduring Freedom and Operation Iraqi Freedom; |
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(3) provide servicemembers with additional diagnostic |
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review and treatment for post-traumatic stress disorder or |
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traumatic brain injury, including providing peer-based counseling, |
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psychotherapy, prescriptions for behavioral health |
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pharmaceuticals, intensive outpatient services, and physical |
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therapy, speech therapy, and occupational therapy services; |
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(4) make a referral to a local mental health authority |
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designated under Section 533.035 if a health care provider |
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determines that a servicemember requires further treatment for a |
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traumatic brain injury or other mental health condition; and |
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(5) provide referrals to the Texas Veterans Commission |
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for assistance in applying for applicable state and federal |
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benefits. |
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(d) A local mental health authority designated under |
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Section 533.035 shall provide treatment for a traumatic brain |
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injury or other mental health condition of any servicemember |
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referred to the authority by the department. |
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(e) To qualify for services under the program, a |
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servicemember must: |
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(1) reside in this state; |
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(2) be younger than 65 years of age; |
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(3) have served for at least 180 days of duty after the |
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servicemember's initial training; |
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(4) not be an inmate of a public institution; |
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(5) not be a resident of a nursing facility; |
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(6) not have health care coverage that provides |
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diagnostic review and treatment for post-traumatic stress disorder |
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or traumatic brain injury; and |
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(7) be ineligible for services from the United States |
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Department of Veterans Affairs or be unable to access those |
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services because: |
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(A) the servicemember resides more than 75 miles |
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from the nearest service provider; |
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(B) the servicemember does not have |
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transportation to a service provider; or |
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(C) the servicemember must wait more than three |
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months for an appointment with a service provider. |
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(f) A servicemember who does not meet the eligibility |
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requirements for services under the program shall be referred to an |
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appropriate service provider for follow-up care. |
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(g) To receive services under the program, an eligible |
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servicemember must enroll in the program. Following expiration of |
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the term of a servicemember's enrollment in the program, the |
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servicemember may reenroll for services under the program if the |
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department or its designee determines that the servicemember |
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continues to qualify for treatment for post-traumatic stress |
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disorder or traumatic brain injury. |
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(h) A family member of an enrolled servicemember may receive |
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counseling services, appropriate training, and other appropriate |
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services under the program. |
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(i) A person providing services to a servicemember or a |
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family member of a servicemember under this section shall keep |
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information obtained in rendering the services confidential and may |
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not disclose medical or other related information regarding the |
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servicemember to the United States armed forces, a United States |
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Department of Veterans Affairs benefits claims entity, or the state |
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military forces unless directed to do so by the servicemember. |
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SECTION 3. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as necessary to administer Section 1001.101, Health and |
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Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |