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AN ACT
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relating to peer specialists, peer services, and the provision of |
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those services under the medical assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0999 to read as follows: |
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Sec. 531.0999. PEER SPECIALISTS. (a) With input from |
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mental health and substance use peer specialists and the work group |
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described by Subsection (b), the commission shall develop and the |
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executive commissioner shall 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) any other rules necessary to protect the health |
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and safety of persons receiving peer 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 that |
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certifies mental health and substance use peer specialists in this |
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state; |
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(2) three representatives of organizations that |
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employ mental health and substance use peer specialists; |
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(3) one mental health peer specialist who works in an |
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urban area; |
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(4) one mental health peer specialist who works in a |
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rural area; |
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(5) one substance use peer specialist who works in an |
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urban area; |
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(6) one substance use peer specialist who works in a |
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rural area; |
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(7) one person who trains mental health peer |
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specialists; |
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(8) one person who trains substance use peer |
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specialists; |
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(9) three representatives of mental health and |
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addiction licensed health care professional groups who supervise |
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mental health and substance use peer specialists; |
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(10) to the extent possible, not more than three |
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persons with personal experience recovering from mental illness, |
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substance use conditions, or co-occurring mental illness and |
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substance use conditions; and |
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(11) any other persons considered appropriate 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) The executive commissioner may not adopt rules under |
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Subsection (a) that preclude the provision of mental health |
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rehabilitative services under 25 T.A.C. Chapter 416, Subchapter A, |
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as that subchapter existed on January 1, 2017. |
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(g) If the executive commissioner has not adopted rules by |
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September 1, 2018, the executive commissioner shall submit on that |
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date a written report to the governor, the lieutenant governor, the |
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speaker of the house of representatives, the chair of the Senate |
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Health and Human Services Committee, and the chair of the House |
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Public Health Committee explaining why the rules have not yet been |
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adopted. This subsection expires September 1, 2019. |
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SECTION 2. Section 32.024, Human Resources Code, is amended |
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by adding Subsection (kk) to read as follows: |
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(kk) 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 peer services provided by certified peer specialists |
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to the extent permitted by federal law. |
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SECTION 3. 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) adopt the rules required by Section 531.0999(a), |
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Government Code, as added by this Act; and |
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(2) appoint the members of the stakeholder work group |
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established by Section 531.0999(b), Government Code, as added by |
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this Act. |
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SECTION 4. 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 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2017. |
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(b) This Act takes effect only if the 85th Legislature |
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appropriates money specifically for the purpose of implementing |
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this Act. If the legislature does not appropriate money |
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specifically for that purpose, this Act does not take effect. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1486 was passed by the House on April |
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20, 2017, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1486 on May 24, 2017, by the following vote: Yeas 140, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1486 was passed by the Senate, with |
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amendments, on May 22, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |