S.B. No. 58
 
 
 
 
AN ACT
  relating to delivery of and reporting on mental health, behavioral
  health, substance abuse, and certain other services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 533, Government Code, is
  amended by adding Section 533.00255 to read as follows:
         Sec. 533.00255.  BEHAVIORAL HEALTH AND PHYSICAL HEALTH
  SERVICES NETWORK. (a)  In this section, "behavioral health
  services" means mental health and substance abuse disorder
  services, other than those provided through the NorthSTAR
  demonstration project.
         (b)  The commission shall, to the greatest extent possible,
  integrate into the Medicaid managed care program implemented under
  this chapter the following services for Medicaid-eligible persons:
               (1)  behavioral health services, including targeted
  case management and psychiatric rehabilitation services; and
               (2)  physical health services.
         (c)  A managed care organization that contracts with the
  commission under this chapter shall develop a network of public and
  private providers of behavioral health services and ensure adults
  with serious mental illness and children with serious emotional
  disturbance have access to a comprehensive array of services.
         (d)  In implementing this section, the commission shall
  ensure that:
               (1)  an appropriate assessment tool is used to
  authorize services;
               (2)  providers are well-qualified and able to provide
  an appropriate array of services;
               (3)  appropriate performance and quality outcomes are
  measured;
               (4)  two health home pilot programs are established in
  two health service areas, representing two distinct regions of the
  state, for persons who are diagnosed with:
                     (A)  a serious mental illness; and
                     (B)  at least one other chronic health condition;
               (5)  a health home established under a pilot program
  under Subdivision (4) complies with the principles for
  patient-centered medical homes described in Section 533.0029; and
               (6)  all behavioral health services provided under this
  section are based on an approach to treatment where the expected
  outcome of treatment is recovery.
         (e)  The commission and the Department of State Health
  Services shall establish a Behavioral Health Integration Advisory
  Committee:
               (1)  whose membership must include:
                     (A)  individuals with behavioral health
  conditions who are current or former recipients of publicly funded
  behavioral health services;
                     (B)  representatives of managed care
  organizations that have expertise in offering behavioral health
  services;
                     (C)  public and private providers of behavioral
  health services; and
                     (D)  providers of behavioral health services who
  are both Medicaid primary care providers and providers for
  individuals that are dually eligible for Medicaid and Medicare; and
               (2)  that shall:
                     (A)  meet at least quarterly to address the
  planning and development needs of the behavioral health services
  network established under this section;
                     (B)  seek input from the behavioral health
  community on the implementation of this section; and
                     (C)  issue formal recommendations to the
  commission regarding the implementation of this section.
         (f)  The commission shall provide administrative support to
  facilitate the duties of the advisory committee established under
  Subsection (e).  This subsection and Subsection (e) expire
  September 1, 2017.
         (g)  The commission shall, if the commission determines that
  it is cost-effective and beneficial to recipients, include a peer
  specialist as a benefit to recipients or as a provider type.
         (h)  To the extent of any conflict between this section and
  any other law relating to behavioral health services, this section
  prevails.
         (i)  The executive commissioner shall adopt rules necessary
  to implement this section.
         SECTION 2.  Subtitle I, Title 4, Government Code, is amended
  by adding Chapter 539 to read as follows:
  CHAPTER 539. COMMUNITY COLLABORATIVES
         Sec. 539.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of State Health
  Services.
               (2)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         Sec. 539.002.  GRANTS FOR ESTABLISHMENT AND EXPANSION OF
  COMMUNITY COLLABORATIVES. (a)  To the extent funds are
  appropriated to the department for that purpose, the department
  shall make grants to entities, including local governmental
  entities, nonprofit community organizations, and faith-based
  community organizations, to establish or expand community
  collaboratives that bring the public and private sectors together
  to provide services to persons experiencing homelessness and mental
  illness.  The department may make a maximum of five grants, which
  must be made in the most populous municipalities in this state that
  are located in counties with a population of more than one million.  
  In awarding grants, the department shall give special consideration
  to entities establishing a new collaborative.
         (b)  The department shall require each entity awarded a grant
  under this section to:
               (1)  leverage additional funding from private sources
  in an amount that is at least equal to the amount of the grant
  awarded under this section; and
               (2)  provide evidence of significant coordination and
  collaboration between the entity, local mental health authorities,
  municipalities, and other community stakeholders in establishing
  or expanding a community collaborative funded by a grant awarded
  under this section.
         Sec. 539.003.  ACCEPTABLE USES OF GRANT MONEY. An entity
  shall use money received from a grant made by the department and
  private funding sources for the establishment or expansion of a
  community collaborative, provided that the collaborative must be
  self-sustaining within seven years. Acceptable uses for the money
  include:
               (1)  the development of the infrastructure of the
  collaborative and the start-up costs of the collaborative;
               (2)  the establishment, operation, or maintenance of
  other community service providers in the community served by the
  collaborative, including intake centers, detoxification units,
  sheltering centers for food, workforce training centers,
  microbusinesses, and educational centers;
               (3)  the provision of clothing, hygiene products, and
  medical services to and the arrangement of transitional and
  permanent residential housing for persons served by the
  collaborative;
               (4)  the provision of mental health services and
  substance abuse treatment not readily available in the community
  served by the collaborative;
               (5)  the provision of information, tools, and resource
  referrals to assist persons served by the collaborative in
  addressing the needs of their children; and
               (6)  the establishment and operation of coordinated
  intake processes, including triage procedures, to protect the
  public safety in the community served by the collaborative.
         Sec. 539.004.  ELEMENTS OF COMMUNITY COLLABORATIVES.
  (a)  If appropriate, an entity may incorporate into the community
  collaborative operated by the entity the use of the Homeless
  Management Information System, transportation plans, and case
  managers. An entity may also consider incorporating into a
  collaborative mentoring and volunteering opportunities, strategies
  to assist homeless youth and homeless families with children,
  strategies to reintegrate persons who were recently incarcerated
  into the community, services for veterans, and strategies for
  persons served by the collaborative to participate in the planning,
  governance, and oversight of the collaborative.
         (b)  The focus of a community collaborative shall be the
  eventual successful transition of persons from receiving services
  from the collaborative to becoming integrated into the community
  served by the collaborative through community relationships and
  family supports.
         Sec. 539.005.  OUTCOME MEASURES FOR COMMUNITY
  COLLABORATIVES. Each entity that receives a grant from the
  department to establish or expand a community collaborative shall
  select at least four of the following outcome measures that the
  entity will focus on meeting through the implementation and
  operation of the collaborative:
               (1)  persons served by the collaborative will find
  employment that results in those persons having incomes that are at
  or above 100 percent of the federal poverty level;
               (2)  persons served by the collaborative will find
  permanent housing;
               (3)  persons served by the collaborative will complete
  alcohol or substance abuse programs;
               (4)  the collaborative will help start social
  businesses in the community or engage in job creation, job
  training, or other workforce development activities;
               (5)  there will be a decrease in the use of jail beds by
  persons served by the collaborative;
               (6)  there will be a decrease in the need for emergency
  care by persons served by the collaborative;
               (7)  there will be a decrease in the number of children
  whose families lack adequate housing referred to the Department of
  Family and Protective Services or a local entity responsible for
  child welfare; and
               (8)  any other appropriate outcome measure that
  measures whether a collaborative is meeting a specific need of the
  community served by the collaborative and that is approved by the
  department.
         Sec. 539.006.  ANNUAL REVIEW OF OUTCOME MEASURES. The
  department shall contract with an independent third party to verify
  annually whether a community collaborative is meeting the outcome
  measures under Section 539.005 selected by the entity that operates
  the collaborative.
         Sec. 539.007.  REDUCTION AND CESSATION OF FUNDING. The
  department shall establish processes by which the department may
  reduce or cease providing funding to an entity if the community
  collaborative operated by the entity does not meet the outcome
  measures selected by the entity for the collaborative under Section
  539.005 or is not self-sustaining after seven years.  The
  department shall redistribute any funds withheld from an entity
  under this section to other entities operating high-performing
  collaboratives on a competitive basis.
         Sec. 539.008.  RULES. The executive commissioner shall
  adopt any rules necessary to implement the community collaborative
  grant program established under this chapter, including rules to
  establish the requirements for an entity to be eligible to receive a
  grant, the required elements of a community collaborative operated
  by an entity, and permissible and prohibited uses of money received
  by an entity from a grant made by the department under this chapter.
         SECTION 3.  Subchapter D, Chapter 1001, Health and Safety
  Code, is amended by adding Section 1001.078 to read as follows:
         Sec. 1001.078.  MENTAL HEALTH AND SUBSTANCE ABUSE PUBLIC
  REPORTING SYSTEM. (a)  The department, in collaboration with the
  commission, shall establish and maintain a public reporting system
  of performance and outcome measures relating to mental health and
  substance abuse services established by the Legislative Budget
  Board, the department, and the commission.  The system must allow
  external users to view and compare the performance, outputs, and
  outcomes of:
               (1)  community centers established under Subchapter A,
  Chapter 534, that provide mental health services;
               (2)  Medicaid managed care pilot programs that provide
  mental health services; and
               (3)  agencies, organizations, and persons that
  contract with the state to provide substance abuse services.
         (b)  The system must allow external users to view and compare
  the performance, outputs, and outcomes of the Medicaid managed care
  programs that provide mental health services.
         (c)  The department shall post the performance, output, and
  outcome measures on the department's website so that the
  information is accessible to the public.  The department shall post
  the measures quarterly or semiannually in accordance with when the
  measures are reported to the department.
         (d)  The department shall consider public input in
  determining the appropriate outcome measures to collect in the
  public reporting system.  To the extent possible, the department
  shall include outcome measures that capture inpatient psychiatric
  care diversion, avoidance of emergency room use, criminal justice
  diversion, and the numbers of people who are homeless served.
         (e)  The commission shall conduct a study to determine the
  feasibility of establishing and maintaining the public reporting
  system, including, to the extent possible, the cost to the state and
  impact on managed care organizations and providers of collecting
  the outcome measures required by Subsection (d). Not later than
  December 1, 2014, the commission shall report the results of the
  study to the legislature and appropriate legislative committees.
         (f)  The department shall ensure that information reported
  through the public reporting system does not permit the
  identification of an individual.
         SECTION 4.  Not later than December 1, 2013, the Health and
  Human Services Commission shall establish the Behavioral Health
  Integration Advisory Committee required by Section 533.00255,
  Government Code, as added by this Act.
         SECTION 5.   Not later than September 1, 2014, the Health and
  Human Services Commission shall complete the integration of
  behavioral health and physical health services required by Section
  533.00255, Government Code, as added by this Act.
         SECTION 6.  Not later than December 1, 2013, the Department
  of State Health Services shall establish the public reporting
  system as required under Section 1001.078, Health and Safety Code,
  as added by this Act.
         SECTION 7.  Not later than December 1, 2014, the Department
  of State Health Services shall submit a report to the legislature
  and the Legislative Budget Board on the development of the public
  reporting system as required by Section 1001.078, Health and Safety
  Code, as added by this Act, and the outcome measures collected.
         SECTION 8.  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 9.  This Act takes effect September 1, 2013.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 58 passed the Senate on
  March 27, 2013, by the following vote:  Yeas 30, Nays 0;
  May 22, 2013, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 23, 2013, House
  granted request of the Senate; May 26, 2013, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 58 passed the House, with
  amendments, on May 20, 2013, by the following vote:  Yeas 142,
  Nays 4, two present not voting; May 23, 2013, House granted request
  of the Senate for appointment of Conference Committee;
  May 26, 2013, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 6, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor