Bill Text: TX SB10 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the creation of the Texas Mental Health Care Consortium.

Spectrum: Slight Partisan Bill (Republican 26-16)

Status: (Engrossed) 2019-05-21 - Returned to committee [SB10 Detail]

Download: Texas-2019-SB10-Comm_Sub.html
  86R32604 JG-F
 
  By: Nelson, et al. S.B. No. 10
 
  (Zerwas, Price, Button, Allison, Coleman, et al.)
 
  Substitute the following for S.B. No. 10:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Texas Mental Health Care
  Consortium.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 113 to read as follows:
  CHAPTER 113. TEXAS MENTAL HEALTH CARE CONSORTIUM
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 113.0001.  DEFINITIONS. In this chapter:
               (1)  "Community mental health provider" means an entity
  that provides mental health care services at a local level.
               (2)  "Consortium" means the Texas Mental Health Care
  Consortium.
               (3)  "Executive committee" means the executive
  committee of the consortium.
  SUBCHAPTER B. CONSORTIUM
         Sec. 113.0051.  ESTABLISHMENT; PURPOSE. The Texas Mental
  Health Care Consortium is established to:
               (1)  leverage the expertise and capacity of the
  health-related institutions of higher education listed in Section
  113.0052 to address urgent mental health challenges and improve the
  mental health care system in this state; and
               (2)  enhance the state's ability to address mental
  health care needs through collaboration of the health-related
  institutions of higher education listed in Section 113.0052.
         Sec. 113.0052.  COMPOSITION. The consortium is composed of:
               (1)  the following health-related institutions of
  higher education:
                     (A)  Baylor College of Medicine;
                     (B)  The Texas A&M University System Health
  Science Center;
                     (C)  Texas Tech University Health Sciences
  Center;
                     (D)  Texas Tech University Health Sciences Center
  at El Paso;
                     (E)  University of North Texas Health Science
  Center at Fort Worth;
                     (F)  the Dell Medical School at The University of
  Texas at Austin;
                     (G)  The University of Texas M.D. Anderson Cancer
  Center;
                     (H)  The University of Texas Medical Branch at
  Galveston;
                     (I)  The University of Texas Health Science Center
  at Houston;
                     (J)  The University of Texas Health Science Center
  at San Antonio;
                     (K)  The University of Texas Rio Grande Valley
  School of Medicine;
                     (L)  The University of Texas Health Science Center
  at Tyler; and
                     (M)  The University of Texas Southwestern Medical
  Center;
               (2)  the commission;
               (3)  the Texas Higher Education Coordinating Board;
               (4)  three nonprofit organizations that focus on mental
  health care, designated by a majority of the members described by
  Subdivision (1); and
               (5)  any other entity that the executive committee
  considers necessary.
         Sec. 113.0053.  ADMINISTRATIVE ATTACHMENT. The consortium
  is administratively attached to the Texas Higher Education
  Coordinating Board for the purpose of receiving and administering
  appropriations and other funds under this chapter.  The board is not
  responsible for providing to the consortium staff human resources,
  contract monitoring, purchasing, or any other administrative
  support services.
  SUBCHAPTER C. EXECUTIVE COMMITTEE
         Sec. 113.0101.  EXECUTIVE COMMITTEE COMPOSITION. (a)  The
  consortium is governed by an executive committee composed of the
  following members:
               (1)  the chair of the academic department of psychiatry
  of each of the health-related institutions of higher education
  listed in Section 113.0052 or a licensed psychiatrist, including a
  child-adolescent psychiatrist, designated by the chair to serve in
  the chair's place;
               (2)  a representative of the commission with expertise
  in the delivery of mental health care services, appointed by the
  executive commissioner;
               (3)  a representative of the commission with expertise
  in mental health facilities, appointed by the executive
  commissioner;
               (4)  a representative of the Texas Higher Education
  Coordinating Board, appointed by the commissioner of the
  coordinating board;
               (5)  a representative of each nonprofit organization
  described by Section 113.0052 that is part of the consortium,
  designated by a majority of the members described by Subdivision
  (1);
               (6)  a representative of a hospital system in this
  state, designated by a majority of the members described by
  Subdivision (1); and
               (7)  any other representative designated:
                     (A)  under Subsection (b); or
                     (B)  by a majority of the members described by
  Subdivision (1) at the request of the executive committee.
         (b)  The president of each of the health-related
  institutions of higher education listed in Section 113.0052 may
  designate a representative to serve on the executive committee.
         Sec. 113.0102.  VACANCY. A vacancy on the executive
  committee shall be filled in the same manner as the original
  appointment.
         Sec. 113.0103.  PRESIDING OFFICER. The executive committee
  shall elect a presiding officer from among the membership of the
  executive committee.
         Sec. 113.0104.  STATEWIDE BEHAVIORAL HEALTH COORDINATING
  COUNCIL. The consortium shall designate a member of the executive
  committee to represent the consortium on the statewide behavioral
  health coordinating council.
         Sec. 113.0105.  GENERAL DUTIES. The executive committee
  shall:
               (1)  coordinate the provision of funding to the
  health-related institutions of higher education listed in Section
  113.0052 to carry out the purposes of this chapter;
               (2)  establish procedures and policies for the
  administration of funds under this chapter;
               (3)  monitor funding and agreements entered into under
  this chapter to ensure recipients of funding comply with the terms
  and conditions of the funding and agreements; and
               (4)  establish procedures to document compliance by
  executive committee members and staff with applicable laws
  governing conflicts of interest.
  SUBCHAPTER D. ACCESS TO CARE
         Sec. 113.0151.  CHILD PSYCHIATRY ACCESS NETWORK AND
  TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The consortium shall
  establish a network of comprehensive child psychiatry access
  centers. A center established under this section shall:
               (1)  be located at a health-related institution of
  higher education listed in Section 113.0052; and
               (2)  provide consultation services and training
  opportunities for pediatricians and primary care providers
  operating in the center's geographic region to better care for
  children and youth with behavioral health needs.
         (b)  The consortium shall establish or expand telemedicine
  or telehealth programs for identifying and assessing behavioral
  health needs and providing access to mental health care services.  
  The consortium shall implement this subsection with a focus on the
  behavioral health needs of at-risk children and adolescents.
         (c)  A health-related institution of higher education listed
  in Section 113.0052 may enter into a memorandum of understanding
  with a community mental health provider to:
               (1)  establish a center under Subsection (a); or
               (2)  establish or expand a program under Subsection
  (b).
         (d)  The consortium shall leverage the resources of a
  hospital system under Subsection (a) or (b) if the hospital system:
               (1)  provides consultation services and training
  opportunities for pediatricians and primary care providers that are
  consistent with those described by Subsection (a); and
               (2)  has an existing telemedicine or telehealth program
  for identifying and assessing the behavioral health needs of and
  providing access to mental health care services for children and
  adolescents.
         Sec. 113.0152.  CONSENT REQUIRED FOR SERVICES TO MINOR.
  (a)  A person may provide mental health care services to a child
  younger than 18 years of age through a program established under
  this subchapter only if the person obtains the written consent of
  the parent or legal guardian of the child.
         (b)  The consortium shall develop and post on its Internet
  website a model form for a parent or legal guardian to provide
  consent under this section.
         (c)  This section does not apply to services provided by a
  school counselor in accordance with Section 33.005, 33.006, or
  33.007, Education Code.
         Sec. 113.0153.  REIMBURSEMENT FOR SERVICES.  A child
  psychiatry access center established under Section 113.0151(a) may
  not submit an insurance claim or charge a pediatrician or primary
  care provider a fee for providing consultation services or training
  opportunities under that section.
  SUBCHAPTER E. MENTAL HEALTH WORKFORCE
         Sec. 113.0201.  COMMUNITY PSYCHIATRY WORKFORCE EXPANSION.
  (a) The executive committee may provide funding to a
  health-related institution of higher education listed in Section
  113.0052 for the purpose of funding:
               (1)  one full-time psychiatrist who treats adults or
  one full-time psychiatrist who treats children and adolescents to
  serve as academic medical director at a facility operated by a
  community mental health provider; and
               (2)  two new resident rotation positions.
         (b)  An academic medical director described by Subsection
  (a) shall collaborate and coordinate with a community mental health
  provider to expand the amount and availability of mental health
  care resources by developing training opportunities for residents
  and supervising residents at a facility operated by the community
  mental health provider.
         (c)  An institution of higher education that receives
  funding under Subsection (a) shall require that psychiatric
  residents participate in rotations through the facility operated by
  the community mental health provider in accordance with Subsection
  (b).
         Sec. 113.0202.  CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP.
  (a) The executive committee may provide funding to a
  health-related institution of higher education listed in Section
  113.0052 for the purpose of funding a physician fellowship position
  that will lead to a medical specialty in the diagnosis and treatment
  of psychiatric and associated behavioral health issues affecting
  children and adolescents.
         (b)  The funding provided to a health-related institution of
  higher education under this section must be used to increase the
  number of fellowship positions at the institution and may not be
  used to replace existing funding for the institution.
  SUBCHAPTER F. MISCELLANEOUS PROVISIONS
         Sec. 113.0251.  BIENNIAL REPORT. Not later than December 1
  of each even-numbered year, the consortium shall prepare and submit
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, and the standing committee of each house of the
  legislature with primary jurisdiction over behavioral health
  issues and post on its Internet website a written report that
  outlines:
               (1)  the activities and objectives of the consortium;
               (2)  the health-related institutions of higher
  education listed in Section 113.0052 that receive funding by the
  executive committee; and
               (3)  any legislative recommendations based on the
  activities and objectives described by Subdivision (1).
         Sec. 113.0252.  APPROPRIATION CONTINGENCY. The consortium
  is required to implement a provision of this chapter only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the consortium may, but is not required to, implement a
  provision of this chapter.
         Sec. 113.0253.  JUDICIAL INSTRUCTION REGARDING MENTAL
  HEALTH CARE RESOURCES. The Supreme Court of Texas and the Texas
  Court of Criminal Appeals, in consultation with the consortium,
  shall develop a training program to educate and inform designated
  judges and their staff on mental health care resources available
  within the geographic region in which the designated judges
  preside.  The Supreme Court of Texas and the Texas Court of Criminal
  Appeals may develop and operate the training program in conjunction
  with any other training programs.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission, the commissioner of the Texas Higher Education
  Coordinating Board, and the members of the executive committee
  described by Section 113.0101(a)(1), Health and Safety Code, as
  added by this Act, shall make the appointments and designations
  required by Section 113.0101, Health and Safety Code, as added by
  this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
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