83R10582 AED-F
 
  By: McClendon H.B. No. 2401
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of community-based services to
  individuals who have or may have mental illness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 534.053, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (d) to
  read as follows:
         (a)  The department shall ensure that, at a minimum, the
  following services are available in each service area:
               (1)  24-hour emergency screening and rapid crisis
  stabilization services;
               (2)  community-based crisis residential services or
  hospitalization;
               (3)  community-based assessments, including the
  development of interdisciplinary treatment plans and diagnosis and
  evaluation services;
               (4)  family support services, including respite care;
               (5)  case management services;
               (6)  medication-related services, including medication
  clinics, laboratory monitoring, medication education, mental
  health maintenance education, and the provision of medication;
  [and]
               (7)  psychosocial rehabilitation programs, including
  social support activities, independent living skills, and
  vocational training; and
               (8)  community-based alternatives to inpatient
  hospitalization.
         (d)  The department shall ensure the availability of
  services designed to reduce a patient's acute symptoms of mental
  illness and any other services necessary to prevent a patient's
  admission to an inpatient mental health facility, as defined by
  Section 571.003.  The available services must include:
               (1)  crisis stabilization services;
               (2)  short-term residential treatment; and
               (3)  medical and nursing services.
         SECTION 2.  Subchapter B, Chapter 534, Health and Safety
  Code, is amended by adding Section 534.0531 to read as follows:
         Sec. 534.0531.  FUNDING FOR COMMUNITY-BASED SERVICES. The
  department shall provide funding for the cost of ensuring the
  availability of community-based alternatives to inpatient
  hospitalization to the extent those costs are not paid from the
  delivery system reform incentive payments received under the Texas
  Health Care Transformation and Quality Improvement Program 1115
  waiver.
         SECTION 3.  Section 534.054, Health and Safety Code, is
  amended by adding Subsection (b) to read as follows:
         (b)  The department shall contract with a local mental health
  authority to provide programs to provide community-based
  alternatives to inpatient hospitalization.  Notwithstanding
  Section 533.0358 and subject to Subsection (c), the contract must
  require the local mental health authority to operate the programs
  to provide those alternatives.
         SECTION 4.  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 5.  This Act takes effect September 1, 2013.