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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 adding Subsections (h-1) and (h-2) to read as follows: |
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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 be responsible for |
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the costs of a hearing or proceeding for a patient committed to an |
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inpatient mental health facility described by Section |
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571.003(9)(B) or (E) if 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, an entity that contracts with the |
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state, or a local mental health authority to provide services in a |
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local 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, 2015. |