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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of peer services, including family |
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partner peer support services by family partners, and the provision |
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of those services under Medicaid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0999(a), Government Code, as added |
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by Chapter 1015 (H.B. 1486), Acts of the 85th Legislature, Regular |
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Session, 2017, is amended to read as follows: |
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(a) With input from mental health and substance use peer |
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specialists and the work group described by Subsection (b), the |
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commission shall develop and the executive commissioner shall |
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adopt: |
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(1) rules that establish training requirements for |
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peer specialists so that they are able to provide services to |
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persons with mental illness or services to persons with substance |
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use conditions; |
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(2) rules that establish certification and |
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supervision requirements for peer specialists; |
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(3) rules that define the scope of services that peer |
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specialists may provide; |
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(4) rules that distinguish peer services from other |
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services that a person must hold a license to provide; [and] |
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(5) rules that require the provision of peer services |
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by a peer specialist to persons who: |
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(A) are 18 years of age or older but younger than |
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22 years of age; and |
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(B) request to receive those services; and |
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(6) any other rules necessary to protect the health |
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and safety of persons receiving peer services. |
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SECTION 2. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.09991 to read as follows: |
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Sec. 531.09991. PROVISION OF FAMILY PARTNER PEER SUPPORT |
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SERVICES BY FAMILY PARTNERS. (a) With input from family partners |
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and the work group established under Subsection (b), the commission |
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shall develop and the executive commissioner shall adopt: |
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(1) rules that establish training requirements for |
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family partners so that they are able to provide family partner peer |
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support services to families of children and youth with mental |
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illness or substance use conditions; |
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(2) rules that establish certification and |
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supervision requirements for family partners; |
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(3) rules that define the scope of services that |
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family partners may provide; |
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(4) rules that distinguish family partner peer support |
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services from other services a person must hold a license or |
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certificate to provide; |
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(5) rules that require the provision of family partner |
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peer support services by a family partner to persons who: |
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(A) are 18 years of age or older but younger than |
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22 years of age; and |
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(B) request to receive those services; and |
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(6) any other rules necessary to protect the health |
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and safety of persons receiving family partner peer support |
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services. |
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(b) The commission shall establish a stakeholder work group |
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to provide input for the adoption of rules under Subsection (a). |
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The work group is composed of the following stakeholders appointed |
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by the executive commissioner: |
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(1) one representative of each organization |
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identified by the commission that certifies mental health and |
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substance use peer specialists and family partners in this state; |
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(2) one representative of a local mental health |
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authority located in a rural area that employs a family partner; |
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(3) one representative of a local mental health |
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authority located in an urban area that employs a family partner; |
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(4) one family partner certified at an advanced or |
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master level who works in a rural area; |
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(5) one family partner certified at an advanced or |
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master level who works in an urban area; |
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(6) one family partner certified at an advanced or |
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master level who works with families of children or youth with a |
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dual diagnosis of a mental illness and substance use condition; |
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(7) one family partner certified at an advanced or |
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master level who provides services to a child with a dual diagnosis |
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of a mental illness and developmental disability; |
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(8) the designated family engagement specialist under |
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the Texas System of Care Framework implemented under Section |
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531.251; |
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(9) representatives of the peer and family partner |
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subcommittee of the behavioral health advisory committee, |
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including at least one member of the subcommittee who is a youth |
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representative; |
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(10) two individuals who conduct family partner |
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certification training; |
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(11) one family partner certified at the master level |
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who serves as a supervisor to family partners; |
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(12) one transition aged youth specialist who serves |
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on the behavioral health advisory committee or the child and youth |
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behavioral health subcommittee of the behavioral health advisory |
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committee; and |
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(13) any other person considered appropriated by the |
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executive commissioner. |
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(c) The executive commissioner shall appoint one member of |
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the work group to serve as presiding officer. |
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(d) The work group shall meet once every month. |
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(e) The work group is automatically abolished on the |
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adoption of rules under Subsection (a). |
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(f) If the executive commissioner has not adopted rules |
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under Subsection (a) by September 1, 2022, the executive |
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commissioner shall submit on that date a written report to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, the chair of the Senate Health and Human Services |
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Committee or its successor, and the chair of the House Public Health |
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Committee or its successor explaining why the rules have not yet |
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been adopted. This subsection expires September 1, 2023. |
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SECTION 3. Section 32.024, Human Resources Code, is amended |
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by adding Subsection (ll) to read as follows: |
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(ll) The commission in its rules and standards governing the |
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scope of services provided under the medical assistance program |
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shall include family partner peer support services provided by |
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certified family partners to the extent permitted by federal law. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall: |
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(1) appoint the members of the stakeholder work group |
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established by Section 531.09991(b), Government Code, as added by |
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this Act; and |
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(2) adopt the rules required by Section 531.0999(a), |
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Government Code, as amended by this Act, and Section 531.09991(a), |
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Government Code, as added by this Act. |
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SECTION 5. 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 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |