BILL ANALYSIS

 

 

Senate Research Center	S.B. 1282
88R9570 EAS-D	By: Springer
	Health & Human Services
	4/14/2023
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Department of State Health Services (DSHS) is responsible for managing nine state-owned mental health facilities and one state-owned inpatient residential treatment facility for adolescents. These 10 facilities are collectively referred to as state hospitals and play a significant role in the state mental health service delivery system. DSHS also contracts with 39 community mental health centers, including 37 local mental health authorities (LMHAs), to coordinate mental health services for individuals residing within each state hospital's local service area.

 

Behavioral health conditions�including mental health and substance use disorders�are common in the United States. Nearly one in five American adults has a mental illness, and one in 10 has a drug misuse disorder. A shortage of behavioral health professionals limits access to necessary services, particularly for residents of rural and underserved communities. About 37 percent of the U.S. population lives in an area with a shortage of psychologists, counselors, and social workers, and nearly two-thirds of shortage areas are rural. Therefore, states employ a variety of approaches in their efforts to recruit and retain behavioral health workers in rural areas, including loan repayment, scholarships, pipeline/pathway programs, visa waiver programs, and shared job postings.

 

The bill addresses the critical need to recruit and maintain mental healthcare workers. The bill establishes the Mental Healthcare Enterprise Fund, providing direct payments to qualifying mental health professionals, unlike complicated scholarships, loan repayment programs, or even complex tax credits offered by other states. Texas would allocate $150 million to fund payments up to $15,000 for annual bonuses to qualifying healthcare professionals every year they remain in their position (pro-rated bonuses for those working fewer hours). 

 

As proposed, S.B. 1282 amends current law relating to the establishment of the Texas Mental Health Care Enterprise Fund and the granting of license reciprocity to certain mental health professionals.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 (Section 616.004, Health and Safety Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subtitle E, Title 7, Health and Safety Code, by adding Chapter 616, as follows:

 

CHAPTER 616. TEXAS MENTAL HEALTH CARE ENTERPRISE FUND

 

Sec. 616.001. DEFINITIONS. Defines "commission," "fund," and "mental health professional."

 

Sec. 616.002. TEXAS MENTAL HEALTH CARE ENTERPRISE FUND. (a) Provides that the Texas Mental Health Care Enterprise Fund (fund) is an account in the general revenue fund that is authorized to be used only for making payments under this chapter and to pay costs of administering this chapter.

 

(b) Provides that the fund includes:

 

(1) amounts appropriated by the legislature to the fund for purposes of this chapter;

 

(2) interest or other returns earned on the investment of money in the fund; and

 

(3) gifts, grants, and other donations received for the purposes of the fund.

 

(c) Requires the Health and Human Services Commission (HHSC) to award from the fund bonus payments to eligible mental health professionals for the purpose of recruiting and retaining those professionals to provide services in this state.

 

Sec. 616.003. ELIGIBILITY; AWARD. (a) Provides that a mental health professional is eligible to receive a bonus payment under this chapter only if the professional is employed by or is under contract with:

 

(1) a local mental health authority, as defined by Section 531.002 (Definitions);

 

(2) a local behavioral health authority designated by HHSC under Section 533.0356 (Local Behavioral Health Authorities);

 

(3) a state hospital, as defined by Section 552.0011 (Definitions);

 

(4) the Waco Center for Youth; or

 

(5) a public hospital licensed under Chapter 241 (Hospitals) that employs:

 

(A) medical and nursing professionals who provide 24-hour professional monitoring, supervision, and assistance in an environment designed to provide safety and security during an acute behavioral health crisis; and

 

(B) staff who provide intensive interventions designed to relieve acute symptomatology and restore the patient's ability to function in a less restrictive setting.

 

(b) Authorizes HHSC to award bonus payments in different amounts based on the mental health professional's specific mental health role and whether the mental health professional works in an urban or rural area.

 

(c) Prohibits HHSC from awarding bonus payments to an individual mental health professional more than once in a calendar year, in an amount that exceeds $15,000 for a single payment, and in a total amount of more than $30,000.

 

Sec. 616.004. RULES. Requires the executive commissioner of HHSC (executive commissioner) to adopt rules to implement this chapter.

 

SECTION 2. Amends Chapter 112, Occupations Code, by adding Subchapter C, as follows:

 

SUBCHAPTER C. RECIPROCITY FOR CERTAIN MENTAL HEALTH PROFESSIONALS

 

Sec. 112.101. DEFINITIONS. Defines "licensing entity" and "mental health professional."

 

Sec. 112.102. RECIPROCITY. (a) Requires a licensing entity to issue a license to a person who is currently licensed as a mental health professional from another state or jurisdiction that imposes licensure requirements similar to those specified in this chapter.

 

(b) Requires an applicant for a reciprocal license to:

 

(1) submit evidence to the licensing entity that the applicant is in good standing as determined by the licensing entity, holds a valid license from another state or jurisdiction, and is in compliance with other requirements established by the licensing entity; and

 

(2) pay the required fees, if applicable.

 

SECTION 3. Requires the executive commissioner, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement Chapter 616, Health and Safety Code, as added by this Act.

 

SECTION 4. Makes application of Section 112.102, Occupations Code, as added by this Act, prospective.

 

SECTION 5. Effective date: September 1, 2023.

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