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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of costs incurred by the involuntary |
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commitment of persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.018, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(h-1) and (h-2) to read as follows: |
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(a) The costs for a hearing or proceeding under this |
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subtitle shall be paid by: |
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(1) the county in which [that initiates] emergency |
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detention procedures are initiated under Subchapter A or B, Chapter |
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573; or |
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(2) if no emergency detention procedures are |
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initiated, the county that accepts an application for court-ordered |
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mental health services, issues an order for protective custody, or |
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issues an order for temporary mental health services. |
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(b) The county responsible for the costs of a hearing or |
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proceeding under Subsection (a) shall pay the costs of all |
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subsequent hearings or proceedings for that person under this |
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subtitle until the person is discharged from mental health |
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services. The county may not pay the costs from any fees collected |
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under Section 51.704, Government Code. The costs shall be billed by |
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the clerk of the court conducting the hearings. |
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(h-1) Notwithstanding any other provision of this section, |
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the state or the county, as appropriate, shall pay the costs of a |
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hearing or proceeding for a patient committed to an inpatient |
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mental health facility described by Section 571.003(9)(B) or (E) if |
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the facility: |
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(1) provides services to the patient under a contract |
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with: |
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(A) the state to provide services in a local |
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service area; or |
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(B) the state or a county to provide behavioral |
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health services to an individual: |
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(i) whose net family income is at or below |
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200 percent of the federal poverty level or who is enrolled in the |
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Medicaid program; and |
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(ii) for whom no other third party payor is |
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available to pay for behavioral health services for the individual; |
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and |
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(2) files an affidavit with the clerk of the court |
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conducting the hearing or proceeding certifying that the facility |
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is or will be providing the services to the patient under a contract |
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described by Subdivision (1). |
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(h-2) An inpatient mental health facility described by |
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Section 571.003(9)(B) or (E) is liable for any costs for a patient |
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not described by Subsection (h-1) who is committed to the facility, |
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regardless of whether the patient is indigent. A private mental |
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hospital is entitled to seek reimbursement for those costs from the |
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patient. |
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SECTION 2. The changes in law made by this Act apply only to |
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the costs of an emergency detention hearing, a hearing on an |
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application for court-ordered mental health services, or a hearing |
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on a motion for an order of protective custody initiated on or after |
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the effective date of this Act. The costs of an emergency detention |
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hearing, a hearing on an application for court-ordered mental |
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health services, or a hearing on a motion for an order of protective |
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custody initiated before the effective date of this Act are |
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governed by the law in effect when the hearing was initiated, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |