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A BILL TO BE ENTITLED
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AN ACT
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relating to the allocation of outpatient mental health services and |
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beds in certain mental health facilities and the commitment of |
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certain persons to receive mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 533, Health and Safety |
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Code, is amended by adding Sections 533.051, 533.052, and 533.053 |
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to read as follows: |
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Sec. 533.051. ALLOCATION OF OUTPATIENT MENTAL HEALTH |
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SERVICES AND BEDS IN STATE HOSPITALS. (a) To ensure the |
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appropriate and timely provision of mental health services to |
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patients who voluntarily receive those services or who are ordered |
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by a court to receive those services in civil or criminal |
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proceedings, the department, in conjunction with the commission, |
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shall plan for the proper and separate allocation of outpatient or |
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community-based mental health services provided by secure and |
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nonsecure outpatient facilities that provide residential care |
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alternatives and mental health services and for the proper and |
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separate allocation of beds in the state hospitals for the |
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following two groups of patients: |
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(1) patients who are voluntarily receiving outpatient |
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or community-based mental health services, voluntarily admitted to |
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a state hospital under Chapter 572, admitted to a state hospital for |
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emergency detention under Chapter 573, or ordered by a court under |
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Chapter 574 to receive inpatient mental health services at a state |
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hospital or outpatient mental health services from an outpatient |
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facility that provides residential care alternatives and mental |
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health services; and |
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(2) patients who are ordered to participate in an |
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outpatient treatment program to attain competency to stand trial |
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under Chapter 46B, Code of Criminal Procedure, or committed to a |
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state hospital or other facility to attain competency to stand |
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trial under Chapter 46B, Code of Criminal Procedure, or to receive |
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inpatient mental health services following an acquittal by reason |
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of insanity under Chapter 46C, Code of Criminal Procedure. |
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(b) The plan developed by the department under Subsection |
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(a) must include: |
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(1) a determination of the needs for outpatient mental |
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health services of the two groups of patients described by |
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Subsection (a); |
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(2) a determination of the minimum number of beds that |
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the state hospital system must maintain to adequately serve the two |
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groups of patients; |
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(3) a statewide plan for and the allocation of |
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sufficient funds for meeting the outpatient mental health service |
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needs of and for the maintenance of beds by the state hospitals for |
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the two groups of patients; and |
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(4) a process to address and develop, without adverse |
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impact to local service areas, the accessibility and availability |
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of sufficient outpatient mental health services provided to and |
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beds provided by the state hospitals to the two groups of patients |
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based on the success of contractual outcomes with mental health |
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service providers and facilities under Sections 533.034 and |
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533.052. |
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(c) To assist in the development of the plan under |
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Subsection (a), the department shall establish and meet at least |
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monthly with an advisory panel composed of the following persons: |
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(1) one representative designated by the Texas |
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Department of Criminal Justice; |
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(2) one representative designated by the Texas |
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Association of Counties; |
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(3) two representatives designated by the Texas |
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Council of Community Centers, including one representative of an |
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urban local service area and one representative of a rural local |
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service area; |
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(4) two representatives designated by the County |
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Judges and Commissioners Association of Texas, including one |
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representative who is the presiding judge of a court with |
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jurisdiction over mental health matters; |
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(5) one representative designated by the Sheriffs' |
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Association of Texas; |
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(6) two representatives designated by the Texas |
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Municipal League, including one representative who is a municipal |
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law enforcement official; |
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(7) one representative designated by the Texas |
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Conference of Urban Counties; |
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(8) one representative designated by the Texas |
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Catalyst for Empowerment; and |
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(9) four representatives designated by the Department |
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of State Health Services' Council for Advising and Planning for the |
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Prevention and Treatment of Mental and Substance Use Disorders, |
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including: |
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(A) the chair of the council; |
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(B) one representative of the council's members |
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who is a consumer of or advocate for mental health services; |
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(C) one representative of the council's members |
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who is a consumer of or advocate for substance abuse treatment; and |
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(D) one representative of the council's members |
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who is a family member of or advocate for persons with mental health |
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and substance abuse disorders. |
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(d) In developing the plan under Subsection (a), the |
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department and advisory panel shall consider: |
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(1) needs for outpatient mental health services of the |
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two groups of patients described by Subsection (a); |
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(2) the frequency of use of beds and the historical |
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patterns of use of beds in the state hospitals and other facilities |
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by the two groups of patients; |
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(3) local needs and demands for outpatient mental |
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health services by the two groups of patients; |
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(4) local needs and demands for beds in the state |
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hospitals and other facilities for the two groups of patients; |
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(5) the availability of outpatient mental health |
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service providers and inpatient mental health facilities that may |
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be contracted with to provide outpatient mental health services and |
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beds for the two groups of patients; |
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(6) the differences between the two groups of patients |
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with regard to: |
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(A) admission to and discharge from a state |
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hospital or outpatient facility; |
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(B) rapid stabilization and discharge to the |
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community; |
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(C) length of stay in a state hospital or |
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outpatient facility; |
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(D) disputes arising from the determination of a |
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patient's length of stay in a state hospital by a health maintenance |
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organization or a managed care organization; |
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(E) third-party billing; and |
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(F) legal challenges or requirements related to |
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the examination and treatment of the patients; and |
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(7) public input provided to the department or |
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advisory panel in a form and at a time and place that is effective |
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and appropriate and in a manner that complies with any applicable |
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laws, including administrative rules. |
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(e) The department shall update the plan biennially. |
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(f) Not later than December 31, 2013, the department, in |
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conjunction with the advisory panel, shall develop the initial |
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version of the plan required by Subsection (a). |
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(g) Not later than August 31, 2014, the department shall: |
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(1) identify standards and methodologies for the |
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implementation of the plan required by Subsection (a); and |
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(2) begin implementing the plan. |
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(h) Not later than December 1, 2014, the department shall |
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submit a report to the legislature and governor that includes the |
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initial version of the plan, the status of the plan's |
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implementation, and the impact of the plan on the delivery of |
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services. |
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(i) While the plan required by Subsection (a) is being |
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developed and implemented, the department may not, pursuant to any |
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rule, contract, or directive, impose a sanction, penalty, or fine |
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on a local mental health authority for the authority's |
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noncompliance with any methodology or standard adopted or applied |
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by the department relating to the allocation of beds by authorities |
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for the two groups of patients described by Subsection (a). |
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Sec. 533.052. CONTRACTING WITH CERTAIN MENTAL HEALTH |
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SERVICE PROVIDERS AND FACILITIES TO PROVIDE SERVICES AND BEDS FOR |
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CERTAIN PERSONS. The department shall make every effort, through |
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collaboration and contractual arrangements with local mental |
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health authorities, to contract with and use a broad base of local |
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community outpatient mental health service providers and inpatient |
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mental health facilities, as appropriate, to make available a |
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sufficient and appropriately located amount of outpatient mental |
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health services and a sufficient and appropriately located number |
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of beds in inpatient mental health facilities, as specified in the |
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plan developed by the department under Section 533.051, to ensure |
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the appropriate and timely provision of mental health services to |
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the two groups of patients described by Section 533.051(a). |
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Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The |
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department shall develop and implement a procedure through which a |
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court that has the authority to commit a person who is incompetent |
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to stand trial or who has been acquitted by reason of insanity under |
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Chapters 46B and 46C, Code of Criminal Procedure, is aware of all of |
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the commitment options for the person, including jail diversion and |
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community-based programs. |
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SECTION 2. Not later than May 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt any rules necessary to implement Section 533.051, Health and |
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Safety Code, as added by this Act, and the rules required by Section |
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533.053, Health and Safety Code, as added by this Act. |
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SECTION 3. 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, 2013. |