By: Johnson of Harris H.B. No. 309

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a home and community-based services program under Medicaid for certain persons with severe and persistent mental illness.

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

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0216 to read as follows:

Sec. 32.0216. HOME AND COMMUNITY-BASED SERVICES PROGRAM. (a) The commission, in conjunction with the Department of State Health Services, shall establish a home and community-based services program as part of the medical assistance program for persons with severe and persistent mental illness who are at the greatest risk of institutionalization, including the following persons:

(1) persons who have been found incompetent to stand trial under Chapter 46B, Code of Criminal Procedure, and who are transitioning from receiving inpatient mental health services to outpatient mental health services;

(2) persons who have been ordered to receive outpatient mental health services following an acquittal by reason of insanity under Chapter 46C, Code of Criminal Procedure;

(3) persons who have been ordered by a court to receive inpatient mental health services under Chapter 574, Health and Safety Code, three or more times in a two-year period;

(4) persons with severe and persistent mental illness who have been confined in a county jail and charged with an offense three or more times in a two-year period; and

(5) children and adults who are experiencing a first episode of psychosis.

(b) The Department of State Health Services, in operating the program, may provide or coordinate with other entities for the provision of housing, employment, family, peer counseling, and education supports to persons participating in the program.

(c) The executive commissioner by rule shall develop needs-based criteria to determine a person's eligibility for the program. In adopting the rules, the executive commissioner shall consider the funds available for the program. The executive commissioner shall adopt any other rules necessary to implement the program established under this section, including rules that define what constitutes a severe and persistent mental illness for purposes of this section.

SECTION 2. As soon as practicable after the effective date of this Act, the Health and Human Services Commission shall collaborate with the Department of State Health Services to develop and seek approval of an amendment to the state Medicaid plan under Section 1915(i), Social Security Act (42 U.S.C. Section 1396n(i)), to receive federal funding under the Medicaid program for the program established under Section 32.0216, Human Resources Code, as added by this Act.

SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 4. This Act takes effect September 1, 2017.