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A BILL TO BE ENTITLED
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AN ACT
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relating to the allocation of beds in and the commitment of certain |
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persons to certain mental health facilities. |
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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 BEDS IN STATE HOSPITALS. (a) |
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The commission shall plan separately for the allocation of beds in |
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the state hospitals for the following two groups of patients: |
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(1) patients who are voluntarily admitted to a state |
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hospital under Chapter 572, admitted to a state hospital for |
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emergency detention under Chapter 573, or ordered by a court to |
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receive inpatient mental health services at a state hospital under |
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Chapter 574; and |
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(2) patients who are committed to a state hospital for |
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an examination of competency or to attain competency to stand trial |
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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 commission under Subsection |
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(a) must include: |
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(1) separate determinations of the minimum numbers of |
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beds that the state hospital system is required to maintain for the |
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two groups of patients described by Subsection (a); |
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(2) a statewide plan for the separate allocation of |
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funds for the maintenance of beds by the state hospitals for the two |
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groups of patients; and |
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(3) a process to adjust the number of beds made |
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available to the two groups of patients based on the success the |
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commission has in contracting with private mental health facilities |
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under Sections 533.034 and 533.052. |
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(c) In developing a plan under Subsection (a), the |
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commission shall consider: |
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(1) the frequency of use of beds and the historical |
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patterns of use of beds in each state hospital by the two groups of |
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patients described by Subsection (a); |
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(2) local needs and demands for beds in each state |
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hospital for the two groups of patients; |
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(3) the availability of private mental health |
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facilities with which the commission may contract to provide beds |
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for the two groups of patients; and |
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(4) the differences between the two groups of patients |
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described by Subsection (a) with regard to: |
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(A) admission to and discharge from a state |
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hospital; |
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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; |
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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 group of patients described by |
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Subsection (a)(2). |
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(d) The commission shall update the plan biennially. |
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Sec. 533.052. CONTRACTING WITH PRIVATE MENTAL HEALTH |
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FACILITIES TO PROVIDE BEDS FOR CERTAIN PERSONS. The commission |
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shall make every effort to contract with private mental health |
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facilities to make available a sufficient number of beds, as |
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specified in the plan developed by the commission under Section |
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533.051, for the group of patients described by Section |
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533.051(a)(2) to ensure that a sufficient number of beds in state |
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hospitals are available for the group of patients described by |
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Section 533.051(a)(1). |
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Sec. 533.053. INFORMING COURTS OF COMMITMENT OPTIONS. The |
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commission 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 is |
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aware of all of the mental health facilities in which beds are |
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available and to which the court may commit the person as provided |
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by Chapters 46B and 46C, Code of Criminal Procedure, including |
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private mental health facilities that contract with the commission |
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under Section 533.052. |
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SECTION 2. Not later than December 1, 2013, 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 September 1, 2013. |