By: West S.B. No. 1499

A BILL TO BE ENTITLED

AN ACT

relating to establishing a local behavioral health intervention pilot project.

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

SECTION 1. Subchapter B, Chapter 533, Health and Safety Code, is amended by adding Section 533.051 to read as follows:

Sec. 533.051. LOCAL BEHAVIORAL HEALTH PILOT PROJECT.

(a) The Department of State Health Services shall establish a local behavioral health intervention pilot project for individuals with mental illness, substance use disorders, or co-occurring mental illnesses and substance use disorders, who are at risk for, or who have a history of recidivism in crisis services, psychiatric hospitalization or criminal justice involvement, who reside in a multiple-county behavioral health region that integrates public sector mental health and substance abuse disorders and funding with over 10 years experience in behavioral health managed care with blended funding; separation of authority functions from provider functions; an existing network of specialty providers; consumer choice of behavioral health providers; containing a variety of communities including urban, rural and suburban communities; at least one county having a dense urban area; at least one county being predominately rural; at least one county having higher than average per capita income as compared to the rest of the state; at least one county having lower average per capita income than the rest of the state; existing diversion courts in at least 2 of the counties; existing psychiatric hospital with Psychiatric Emergency Services available 24 hours per day, 7 per week, 365 days a year; existing Mobile Crisis Services; and no waiting list for any level of service.

(b) In implementing the pilot project, the department shall direct a local mental health authority or an entity contracted to provide Behavioral Health and Substance Use Disorders services serving the region described in Section 1 (a) to:

(1) oversee the development of a program designed to address the needs of individuals with mental illness, substance use disorders or co-occurring mental illnesses and substance use disorders who are at risk for, or who have a history of recidivism in crisis services, psychiatric hospitalization or criminal justice involvement.

(A) permit collaboration in the provision of behavioral health services to the individuals described in Section 1 (b) (1) ;

(B) identify individuals described in Section 1 (b) (1); and

(C) divert individuals identified under Section 1, (b) (1) Paragraph (B) to a system of care services to reduce the gaps or inefficiencies in the provision of care;

(2) develop, in collaboration with the state and local agencies, a best practices plan regarding:

(A) enhanced engagement in treatment services;

(B) delivery of intervention and treatment services;

(C) uniform referral processes between systems and agencies related to behavioral health services;

(D) an information exchange process between agencies to facilitate faster identification and assessment of behavioral health problems and integrate service delivery;

(E) transition between levels of care to insure continued engagement in services;

(F) reintegration into the community;

(3) identify outcome measures that may be used to measure the efficiency of coordination;

(4) ensure that an extensive listing of providers is available to each participating individual including information regarding the services offered and the behavioral health issues addressed by the provider; and

(5) ensure that participating individuals, agencies, and providers participating in the pilot project are informed that the participating individual may not be penalized for refusing to consent to the information sharing or services under the pilot project.

(c) In order to facilitate the pilot project and identify individuals in accordance with Section 533.051(b)(1)(B), a local behavioral health authority serving the region described in Section 533.051(a), the Department of State Health Services, the Department of Family and Protective Services, the Texas Department of Criminal Justice, the Correctional Office on Offenders with Medical or Mental Impairments, law enforcement, criminal justice system, may, with the consent of the participant:

(1) disclose information relating to a participant, including information concerning the participant's identity, needs, treatment, social, criminal, and educational history, probation or supervision status and compliance with the conditions of the participant's probation or supervision, and medical or behavioral health history, if the disclosure serves a purpose of the pilot project;

(2) accept information relating to a participant that serves a purpose of the pilot project, regardless of whether other state law makes that information confidential; and

(3) before sharing information under this section, enter into a memorandum of understanding with another entity to specify:

(A) the types of information that may be exchanged among agencies under this section without violating any applicable provisions of federal law, including any federal funding requirements; and

(B) the protocols for information sharing, including methods for ensuring the continued protection of confidential information by the recipient of the information.

(d) This section does not affect the confidential status of the information being shared.

(e) Not later than December 1, 2014, the local behavioral health authority involved in the pilot project shall submit a report to the department regarding the behavioral health intervention pilot project including:

(1) A comprehensive analysis of the efficacy of the project; and

(2) The local authority's findings and recommendations.

(f) In implementing the pilot project, the Department of State Health Services shall ensure that a participant involved in the project is provided with reasonable, standardized complaint procedures for making complaints regarding the pilot project or an agency or provider involved in the pilot project.

(g) The Department of State Health Services shall ensure that the pilot project:

(1) is operated without regard to the race, color, disability, sex, age, national origin, or religion of the individuals involved in the pilot project and

(2) does not disproportionately target or negatively impact minorities.

(h) This Act expires on September 1, 2015.

SECTION 2. This Act takes effect on September 1, 2013.