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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a home and community-based |
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services program under Medicaid for certain persons with severe and |
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persistent mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0216 to read as follows: |
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Sec. 32.0216. HOME AND COMMUNITY-BASED SERVICES PROGRAM. |
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(a) The commission, in conjunction with the Department of State |
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Health Services, shall establish a home and community-based |
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services program as part of the medical assistance program for |
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persons with severe and persistent mental illness who are at the |
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greatest risk of institutionalization, including the following |
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persons: |
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(1) persons who have been found incompetent to stand |
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trial under Chapter 46B, Code of Criminal Procedure, and who are |
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transitioning from receiving inpatient mental health services to |
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outpatient mental health services; |
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(2) persons who have been ordered to receive |
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outpatient 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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(3) persons who have been ordered by a court to receive |
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inpatient mental health services under Chapter 574, Health and |
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Safety Code, three or more times in a two-year period; |
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(4) persons with severe and persistent mental illness |
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who have been confined in a county jail and charged with an offense |
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three or more times in a two-year period; and |
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(5) children and adults who are experiencing a first |
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episode of psychosis. |
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(b) The Department of State Health Services, in operating |
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the program, may provide or coordinate with other entities for the |
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provision of housing, employment, family, peer counseling, and |
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education supports to persons participating in the program. |
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(c) The executive commissioner by rule shall develop |
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needs-based criteria to determine a person's eligibility for the |
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program. In adopting the rules, the executive commissioner shall |
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consider the funds available for the program. The executive |
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commissioner shall adopt any other rules necessary to implement the |
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program established under this section, including rules that define |
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what constitutes a severe and persistent mental illness for |
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purposes of this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission shall |
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collaborate with the Department of State Health Services to develop |
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and seek approval of an amendment to the state Medicaid plan under |
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Section 1915(i), Social Security Act (42 U.S.C. Section 1396n(i)), |
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to receive federal funding under the Medicaid program for the |
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program established under Section 32.0216, Human Resources Code, as |
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added by this Act. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2017. |