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SECTION 1. (a) In this
section:
(1) "First
responder" has the meaning assigned by Section 421.095, Government
Code.
(2) "First responder
organization" means:
(A) an organization,
including a fire department, law enforcement agency, or emergency medical
services provider, of a political subdivision of this state that employs a
first responder; or
(B) a volunteer fire
department.
(3) "Work group"
means the Work Group on Mental Health Access for First Responders.
(b) The Health and Human
Services Commission shall establish the Work Group on Mental Health Access
for First Responders to develop and make recommendations for improving
access to mental health care services for first responders.
(c) The work group is
composed of 13 members appointed
by the governor, unless otherwise
provided, as follows:
(1) the dean of the Sam
Houston State University College of Criminal Justice or the dean's
designee;
(2) three practicing mental
health professionals, as defined by Section 61.601, Education Code;
(3) one representative of
volunteer fire departments;
(4) one representative of
paid fire departments, appointed from a list provided by a statewide
association of paid firefighters;
(5) two representatives of
paid police departments, appointed from a list provided by a statewide association
of police officers;
(6) two representatives of
emergency medical services providers and personnel licensed under Chapter
773, Health and Safety Code, one of whom must be a representative of a fire
department that provides emergency medical services and must be appointed
from a list provided by a statewide association of paid firefighters;
(7) one municipal government
representative;
(8) one county government
representative; and
(9) one representative of
the Texas Department of Insurance.
(d) The member described by
Subsection (c)(1) of this section is the presiding officer of the work
group.
(e) A work group member is
not entitled to compensation for service on the work group but is entitled to reimbursement for actual and
necessary expenses incurred in performing work group duties. The
work group may accept gifts, grants, and donations to pay for those expenses.
(f) The work group shall
meet at least quarterly at the call of the presiding officer. Work group
meetings are subject to the open meetings law, Chapter 551, Government
Code, except that the work group may meet by teleconference.
(g) The Health and Human
Services Commission shall provide administrative support for the work
group. Funding for the administrative and operational expenses of the work
group shall be provided from the commission's existing budget.
(h) The work group shall
develop recommendations to address:
(1) the difference in access
to mental health care services between:
(A) volunteer fire
departments and small law enforcement agencies, fire departments, and
emergency medical services providers; and
(B) large law enforcement
agencies, fire departments, and emergency medical services providers;
(2) potential solutions for
state and local governments to provide greater access to mental health care
services for first responders;
(3) the sufficiency of first
responder organizations' employee health insurance plans for obtaining
access to mental health care services for first responders;
(4) the sufficiency of first
responder organizations' human resources policies, including:
(A) whether guaranteed
employment should be offered for a first responder who self-reports a
mental health issue;
(B) the effectiveness of
existing municipal employee assistance programs for treating post-traumatic
stress disorder and whether those programs should be expanded;
(C) any policy modification
necessary to improve access to mental health care services for first
responders; and
(D) the establishment of
best practices for municipalities, counties, and state agencies regarding
legal reporting duties for first responders anonymously seeking mental
health treatment;
(5) the effectiveness of
workers' compensation and other benefit claims for first responders,
including determining:
(A) the process by which
those claims for first responders are handled and whether that process may
be improved;
(B) the feasibility of
requiring post-traumatic stress disorder to be covered under workers'
compensation for first responders and if covered, the standards for
diagnosing that condition;
(C) the effectiveness of
workers' compensation benefits and related benefits under Chapter 607,
Government Code, and whether those benefits are excessively denied;
(D) the effectiveness of
outsourcing workers' compensation and other benefit claims to third
parties; and
(E) methods for improving
the appeals process for workers' compensation and other benefit claims;
(6) the feasibility of
mental health training during the licensing or certification and renewal
process for first responders;
(7) the effectiveness of
methods for assessing a first responder's mental health care needs after a
critical incident, including determining:
(A) the feasibility of
creating a standardized post-critical incident checklist to assess a first
responder's mental health and of establishing minimum requirements for a
first responder to return to duty; and
(B) the effectiveness of
critical incident stress debriefing programs used by local governments in
this state and whether:
(i) those programs may be
expanded statewide; and
(ii) peer support may
benefit those programs;
(8) the opportunities for
public-private partnerships to provide mental health care services to first
responders; and
(9) possible Texas-specific
barriers, including stigmas, for first responders seeking mental health
care services.
(i) In developing the
recommendations described by Subsection (h) of this section, and for
academic research related to the recommendations, the work group may
collaborate with the Bill Blackwood Law Enforcement Management Institute of
Texas at Sam Houston State University, the College of Criminal Justice at
Sam Houston State University, or any other academic institution considered
necessary by the presiding officer of the work group.
(j) The work group shall
develop a written report of the work group's recommendations described by
Subsection (h) of this section. The work group shall electronically
deliver the report to the governor, the lieutenant governor, and all members
of the legislature not later than November
1, 2018.
(k) The work group is
abolished May 1, 2019.
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SECTION 1. (a) In this
section:
(1)
"Executive commissioner" means the executive commissioner of the
Health and Human Services Commission.
(2) "First responder"
has the meaning assigned by Section 421.095, Government Code.
(3) "First responder
organization" means:
(A) an organization,
including a fire department, law enforcement agency, or emergency medical
services provider, of a political subdivision of this state that employs a
first responder; or
(B) a volunteer fire
department.
(4) "Work group"
means the Work Group on Mental Health Access for First Responders.
(b) Not later than December 1, 2017, the Health and Human
Services Commission shall establish the Work Group on Mental Health Access
for First Responders to develop and make recommendations for improving
access to mental health care services for first responders.
(c) The work group is
composed of 15 members appointed
by the executive commissioner,
unless otherwise provided, as follows:
(1)
one member from the Health and Human Services Commission with expertise in
the field of mental health care;
(2) the dean of the Sam
Houston State University College of Criminal Justice or the dean's designee;
(3) three practicing mental
health professionals, as defined by Section 61.601, Education Code;
(4) one representative of
volunteer fire departments;
(5) one representative of
paid fire departments, appointed from a list provided by a statewide association
of paid firefighters;
(6) two representatives of
paid police departments, appointed from a list provided by a statewide
association of police officers;
(7)
one representative of a sheriff's department;
(8) two representatives of
emergency medical services providers and personnel licensed under Chapter
773, Health and Safety Code, one of whom must be a representative of a fire
department that provides emergency medical services and must be appointed
from a list provided by a statewide association of paid firefighters;
(9) one municipal government
representative;
(10) one county government
representative; and
(11) one representative of
the Texas Department of Insurance.
(d) The member described by
Subsection (c)(1) of this section is the presiding officer of the work
group.
(e) A work group member is
not entitled to compensation for service on the work group or to reimbursement for any expenses
incurred in performing work group duties.
(See Subsec. (g) below.)
(f) The work group shall meet
at least quarterly at the call of the presiding officer. Work group
meetings are subject to the open meetings law, Chapter 551, Government
Code, except that the work group may meet by teleconference.
(g) The Health and Human
Services Commission shall provide administrative support for the work
group. Funding for the administrative and operational expenses of the work
group shall be provided from the commission's existing budget. The work
group may accept gifts, grants, and donations from any source to perform a work group duty.
(h) The work group shall
develop recommendations to address:
(1) the difference in access
to mental health care services between:
(A) volunteer fire
departments and small law enforcement agencies, fire departments, and
emergency medical services providers; and
(B) large law enforcement
agencies, fire departments, and emergency medical services providers;
(2) potential solutions for
state and local governments to provide greater access to mental health care
services for first responders;
(3) the sufficiency of first
responder organizations' employee health insurance plans for obtaining
access to mental health care services for first responders;
(4) the sufficiency of first
responder organizations' human resources policies, including:
(A) whether guaranteed
employment should be offered for a first responder who self-reports a
mental health issue;
(B) the effectiveness of
existing municipal employee assistance programs for treating post-traumatic
stress disorder and whether those programs should be expanded;
(C) any policy modification
necessary to improve access to mental health care services for first
responders; and
(D) the establishment of
best practices for municipalities, counties, and state agencies regarding
legal reporting duties for first responders anonymously seeking mental
health treatment;
(5) the effectiveness of
workers' compensation and other benefit claims for first responders,
including determining:
(A) the process by which
those claims for first responders are handled and whether that process may
be improved;
(B) the feasibility of
requiring post-traumatic stress disorder to be covered under workers'
compensation for first responders and if covered, the standards for
diagnosing that condition;
(C) the effectiveness of
workers' compensation benefits and related benefits under Chapter 607,
Government Code, and whether those benefits are excessively denied;
(D) the effectiveness of
outsourcing workers' compensation and other benefit claims to third
parties; and
(E) methods for improving
the appeals process for workers' compensation and other benefit claims;
(6) the feasibility of
mental health training during the licensing or certification and renewal process
for first responders;
(7) the effectiveness of
methods for assessing a first responder's mental health care needs after a
critical incident, including determining:
(A) the feasibility of
creating a standardized post-critical incident checklist to assess a first
responder's mental health and of establishing minimum requirements for a
first responder to return to duty; and
(B) the effectiveness of
critical incident stress debriefing programs used by local governments in
this state and whether:
(i) those programs may be
expanded statewide; and
(ii) peer support may
benefit those programs;
(8) the opportunities for
public-private partnerships to provide mental health care services to first
responders; and
(9) possible Texas-specific
barriers, including stigmas, for first responders seeking mental health
care services.
(i) In developing the
recommendations described by Subsection (h) of this section, and for
academic research related to the recommendations, the work group may
collaborate with the Bill Blackwood Law Enforcement Management Institute of
Texas at Sam Houston State University, the College of Criminal Justice at
Sam Houston State University, or any other academic institution considered
necessary by the presiding officer of the work group.
(j) The work group shall
develop a written report of the work group's recommendations described by
Subsection (h) of this section. The work group shall electronically
deliver the report to the governor, the lieutenant governor, and all
members of the legislature not later than January
1, 2019.
(k) The work group is
abolished and this Act expires June 1,
2019.
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