CHAPTER 533. POWERS AND DUTIES
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
RETARDATION
CHAPTER 533. POWERS AND DUTIES
SUBCHAPTER A. GENERAL POWERS AND DUTIES
Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND
HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and commissioner
as provided by Section 531.0055, Government Code. To the extent a
power or duty given to the board or commissioner by this title or
another law conflicts with Section 531.0055, Government Code,
Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.22, eff. Sept. 1,
1999.
Sec. 533.001. GIFTS AND GRANTS. (a) The department may
negotiate with a federal agency to obtain grants to assist in
expanding and improving mental health and mental retardation
services in this state.
(b) The department may accept gifts and grants of money,
personal property, and real property to expand and improve the
mental health and mental retardation services available to the
people of this state.
(c) The department may accept gifts and grants of money,
personal property, and real property on behalf of a department
facility to expand and improve the mental health or mental
retardation services available at the facility.
(d) The department shall use a gift or grant made for a specific
purpose in accordance with the purpose expressly prescribed by
the donor. The department may decline the gift or grant if the
department determines that it cannot be economically used for
that purpose.
(e) The department shall keep a record of each gift or grant in
the department's central office in the city of Austin.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 533.002. COMPETITIVE REVIEW REQUIREMENT. The department
shall establish procedures to:
(1) promote more efficient use of public funds;
(2) ensure periodic review of department management and support
activities in order to:
(A) improve department operations;
(B) improve the determination of costs;
(C) increase department productivity; and
(D) remain competitive with the private sector; and
(3) ensure that the state not provide a service that is
available through the private sector unless the state can provide
the service at a lower cost.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.13, eff.
Sept. 1, 1997.
Sec. 533.003. USE OF FUNDS FOR VOLUNTEER PROGRAMS IN LOCAL
AUTHORITIES AND COMMUNITY CENTERS. (a) To develop or expand a
volunteer program in a local mental health or mental retardation
authority or a community center, the department may allocate
available funds appropriated for providing volunteer services.
(b) The department shall develop formal policies that encourage
the growth and development of volunteer services in local mental
health or mental retardation authorities and community centers.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 3, eff.
Sept. 1, 1999.
Sec. 533.004. LIENS. (a) The department and each community
center has a lien to secure reimbursement for the cost of
providing support, maintenance, and treatment to a patient with
mental illness or client with mental retardation in an amount
equal to the amount of reimbursement sought.
(b) The amount of the reimbursement sought may not exceed:
(1) the amount the department is authorized to charge under
Section 552.017 or under Subchapter D, Chapter 593, if the
patient or client received the services in a department facility;
or
(2) the amount the community center is authorized to charge
under Section 534.017 if the patient or client received the
services in a community center.
(c) The lien attaches to:
(1) all nonexempt real and personal property owned or later
acquired by the patient or client or by a person legally
responsible for the patient's or client's support;
(2) a judgment of a court in this state or a decision of a
public agency in a proceeding brought by or on behalf of the
patient or client to recover damages for an injury for which the
patient or client was admitted to a department facility or
community center; and
(3) the proceeds of a settlement of a cause of action or a claim
by the patient or client for an injury for which the patient or
client was admitted to a department facility or community center.
(d) To secure the lien, the department or community center must
file written notice of the lien with the county clerk of the
county in which:
(1) the patient or client, or the person legally responsible for
the patient's or client's support, owns property; or
(2) the patient or client received or is receiving services.
(e) The notice must contain:
(1) the name and address of the patient or client;
(2) the name and address of the person legally responsible for
the patient's or client's support, if applicable;
(3) the period during which the department facility or community
center provided services or a statement that services are
currently being provided; and
(4) the name and location of the department facility or
community center.
(f) Not later than the 31st day before the date on which the
department files the notice of the lien with the county clerk,
the department shall notify by certified mail the patient or
client and the person legally responsible for the patient's or
client's support. The notice must contain a copy of the charges,
the statutory procedures relating to filing a lien, and the
procedures to contest the charges. The board by rule shall
prescribe the procedures to contest the charges.
(g) The county clerk shall record on the written notice the name
of the patient or client, the name and address of the department
facility or community center, and, if requested by the person
filing the lien, the name of the person legally responsible for
the patient's or client's support. The clerk shall index the
notice record in the name of the patient or client and, if
requested by the person filing the lien, in the name of the
person legally responsible for the patient's or client's support.
(h) The notice record must include an attachment that contains
an account of the charges made by the department facility or
community center and the amount due to the facility or center.
The superintendent or director of the facility or center must
swear to the validity of the account. The account is presumed to
be correct, and in a suit to cancel the debt and discharge the
lien or to foreclose on the lien, the account is sufficient
evidence to authorize a court to render a judgment for the
facility or center.
(i) To discharge the lien, the superintendent or director of the
department facility or community center or a claims
representative of the facility or center must execute and file
with the county clerk of the county in which the lien notice is
filed a certificate stating that the debt covered by the lien has
been paid, settled, or released and authorizing the clerk to
discharge the lien. The county clerk shall record a memorandum of
the certificate and the date on which it is filed. The filing of
the certificate and recording of the memorandum discharge the
lien.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 533.005. EASEMENTS. The department may grant a temporary
or permanent easement or right-of-way on land held by the
department. The department must grant an easement or right-of-way
on terms and conditions the department considers to be in the
state's best interest.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1175, Sec. 1, eff.
June 18, 1999.
Sec. 533.006. REPORTING OF ALLEGATIONS AGAINST PHYSICIAN. (a)
The department shall report to the Texas State Board of Medical
Examiners any allegation received by the department that a
physician employed by or under contract with the department has
committed an action that constitutes a ground for the denial or
revocation of the physician's license under Section 164.051,
Occupations Code. The report must be made in the manner provided
by Section 154.051, Occupations Code.
(b) The department shall provide to the Texas State Board of
Medical Examiners a copy of any report or finding relating to an
investigation of an allegation reported to that board.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.801,
eff. Sept. 1, 2001.
Sec. 533.007. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;
CRIMINAL PENALTY FOR UNLAWFUL DISCLOSURE. (a) The department, a
local mental health or mental retardation authority, or a
community center may deny employment or volunteer status to an
applicant if:
(1) the department, authority, or community center determines
that the applicant's criminal history record information
indicates that the person is not qualified or suitable; or
(2) the applicant fails to provide a complete set of
fingerprints if the department establishes that method of
obtaining criminal history record information.
(b) The board shall adopt rules relating to the use of
information obtained under this section, including rules that
prohibit an adverse personnel action based on arrest warrant or
wanted persons information received by the department.
(c) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.
Sept. 1, 1993.
(d) Relettered as subsection (a) by Laws 1999, 76th Leg., ch.
1209, Sec. 4, eff. Sept. 1, 1999.
(e) to (h) Repealed by Acts 1993, 73rd Leg., ch. 790, Sec.
46(26), eff. Sept. 1, 1993.
(i) Relettered as subsection (b) by Laws 1999, 76th Leg., ch.
1209, eff. Sept. 1, 1999.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff.
Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept.
1, 1999.
Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The department,
a local mental health or mental retardation authority, or a
community center may exchange with one another the employment
records of an employee or former employee who applies for
employment at the department, authority, or community center.
Added by Acts 1993, 73rd Leg., ch. 646, Sec. 2, eff. Aug. 30,
1993. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 5, eff.
Sept. 1, 1999.
Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
MENTAL ILLNESS AND MENTAL RETARDATION. (a) Each department
facility and community center shall annually assess the
feasibility of converting entry level support positions into
employment opportunities for individuals with mental illness and
mental retardation in the facility's or center's service area.
(b) In making the assessment, the department facility or
community center shall consider the feasibility of using an array
of job opportunities that may lead to competitive employment,
including sheltered employment and supported employment.
(c) Each department facility and community center shall annually
submit to the department a report showing that the facility or
center has complied with Subsection (a).
(d) The department shall compile information from the reports
and shall make the information available to each designated
provider in a service area.
(e) Each department facility and community center shall ensure
that designated staff are trained to:
(1) assist clients through the Social Security Administration
disability determination process;
(2) provide clients and their families information related to
the Social Security Administration Work Incentive Provisions; and
(3) assist clients in accessing and utilizing the Social
Security Administration Work Incentive Provisions to finance
training, services, and supports needed to obtain career goals.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 6.04, eff.
Sept. 1, 1995.
Sec. 533.009. EXCHANGE OF PATIENT AND CLIENT RECORDS. (a)
Department facilities, local mental health or mental retardation
authorities, community centers, other designated providers, and
subcontractees of mental health and mental retardation services
are component parts of one service delivery system within which
patient or client records may be exchanged without the patient's
or client's consent.
(b) The board shall adopt rules to carry out the purposes of
this section.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1209, Sec. 6, eff.
Sept. 1, 1999.
Sec. 533.0095. COLLECTION AND MAINTENANCE OF INFORMATION
REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY. (a)
The executive commissioner of the Health and Human Services
Commission by rule shall require the department to collect
information and maintain current records regarding a person found
not guilty of an offense by reason of insanity under Chapter 46C,
Code of Criminal Procedure, who is:
(1) ordered by a court to receive inpatient mental health
services under Chapter 574 or under Chapter 46C, Code of Criminal
Procedure;
(2) committed by a court for long-term placement in a
residential care facility under Chapter 593 or under Chapter 46C,
Code of Criminal Procedure; or
(3) ordered by a court to receive outpatient or community-based
treatment and supervision.
(b) Information maintained by the department under this section
must include the name and address of any facility to which the
person is committed, the length of the person's commitment to the
facility, and any post-release outcome.
(c) The department shall file annually with the presiding
officer of each house of the legislature a written report
containing the name of each person described by Subsection (a),
the name and address of any facility to which the person is
committed, the length of the person's commitment to the facility,
and any post-release outcome.
Added by Acts 2005, 79th Leg., Ch.
831, Sec. 3, eff. September 1, 2005.
Sec. 533.010. INFORMATION RELATING TO PATIENT'S CONDITION. (a)
A person, including a hospital, sanitarium, nursing or rest home,
medical society, or other organization, may provide to the
department or a medical organization, hospital, or hospital
committee any information, including interviews, reports,
statements, or memoranda relating to a person's condition and
treatment for use in a study to reduce mental disorders and
mental disabilities.
(b) The department or a medical organization, hospital, or
hospital committee receiving the information may use or publish
the information only to advance mental health and mental
retardation research and education in order to reduce mental
disorders and mental disabilities. A summary of the study may be
released for general publication.
(c) The identity of a person whose condition or treatment is
studied is confidential and may not be revealed under any
circumstances. Information provided under this section and any
finding or conclusion resulting from the study is privileged
information.
(d) A person is not liable for damages or other relief if the
person:
(1) provides information under this section;
(2) releases or publishes the findings and conclusions of the
person or organization to advance mental health and mental
retardation research and education; or
(3) releases or publishes generally a summary of a study.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 533.011. RETURN OF PERSON WITH MENTAL RETARDATION TO STATE
OF RESIDENCE. (a) The department may return a nonresident
person with mental retardation who is committed to a facility for
persons with mental retardation in this state to the proper
agency of the person's state of residence.
(b) The department may permit the return of a resident of this
state who is committed to a facility for persons with mental
retardation in another state.
(c) The department may enter into reciprocal agreements with the
proper agencies of other states to facilitate the return of
persons committed to facilities for persons with mental
retardation in this state or another state to the state of their
residence.
(d) The superintendent of a department facility for persons with
mental retardation may detain for not more than 96 hours pending
a court order in a commitment proceeding in this state a person
with mental retardation returned to this state.
(e) The state returning a person with mental retardation to
another state shall bear the expenses of returning the person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the
department's request, all state departments, agencies, officers,
and employees shall cooperate with the department in activities
that are consistent with their functions.
(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),
eff. September 1, 2008.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.134, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.05, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 4.03, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 32(f), eff. September 1, 2008.
Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. The
department shall enter into an agreement with the Texas
Rehabilitation Commission that defines the roles and
responsibilities of the department and the commission regarding
the agencies' shared client populations. The agreement must
establish methods to prevent the duplication and fragmentation of
employment services provided by the agencies.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 4, eff. Sept. 1,
1999.
Sec. 533.014. RESPONSIBILITY OF LOCAL MENTAL HEALTH AUTHORITIES
IN MAKING TREATMENT RECOMMENDATIONS. (a) The board shall adopt
rules that:
(1) relate to the responsibility of the local mental health
authorities to make recommendations relating to the most
appropriate and available treatment alternatives for individuals
in need of mental health services, including individuals who are
in contact with the criminal justice system and individuals
detained in local jails and juvenile detention facilities;
(2) govern commitments to a local mental health authority;
(3) govern transfers of patients that involve a local mental
health authority; and
(4) provide for emergency admission to a department mental
health facility if obtaining approval from the authority could
result in a delay that might endanger the patient or others.
(b) The board's first consideration in developing rules under
this section must be to satisfy individual patient treatment
needs in the most appropriate setting. The board shall also
consider reducing patient inconvenience resulting from admissions
and transfers between providers.
(c) The department shall notify each judge who has probate
jurisdiction in the service area and any other person the local
mental health authority considers necessary of the responsibility
of the local mental health authority to make recommendations
relating to the most appropriate and available treatment
alternatives and the procedures required in the area.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 3, eff. Aug.
30, 1993; Acts 2001, 77th Leg., ch. 367, Sec. 2, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1214, Sec. 1, eff. Sept. 1, 2003.
Sec. 533.015. UNANNOUNCED INSPECTIONS. The department may make
any inspection of a facility or program under the department's
jurisdiction without announcing the inspection.
Added by Acts 1995, 74th Leg., ch. 531, Sec. 2, eff. Aug. 28,
1995.
Sec. 533.016. CERTAIN PROCUREMENTS OF GOODS AND SERVICES BY
SERVICE PROVIDERS. (a) A state agency, local agency, local
mental health authority, or local mental retardation authority
that expends public money to acquire goods or services in
connection with providing or coordinating the provision of mental
health or mental retardation services may satisfy the
requirements of any state law requiring procurements by
competitive bidding or competitive sealed proposals by procuring
goods or services with the public money in accordance with
Section 533.017 or in accordance with:
(1) Section 2155.144, Government Code, if the entity is a state
agency subject to that law;
(2) Section 32.043 or 32.044, Human Resources Code, if the
entity is a public hospital subject to those laws; or
(3) this section, if the entity is not covered by Subdivision
(1) or (2).
(b) An agency or authority under Subsection (a)(3) may acquire
goods or services by any procurement method that provides the
best value to the agency or authority. The agency or authority
shall document that the agency or authority considered all
relevant factors under Subsection (c) in making the acquisition.
(c) Subject to Subsection (d), the agency or authority may
consider all relevant factors in determining the best value,
including:
(1) any installation costs;
(2) the delivery terms;
(3) the quality and reliability of the vendor's goods or
services;
(4) the extent to which the goods or services meet the agency's
or authority's needs;
(5) indicators of probable vendor performance under the contract
such as past vendor performance, the vendor's financial resources
and ability to perform, the vendor's experience and
responsibility, and the vendor's ability to provide reliable
maintenance agreements;
(6) the impact on the ability of the agency or authority to
comply with laws and rules relating to historically underutilized
businesses or relating to the procurement of goods and services
from persons with disabilities;
(7) the total long-term cost to the agency or authority of
acquiring the vendor's goods or services;
(8) the cost of any employee training associated with the
acquisition;
(9) the effect of an acquisition on the agency's or authority's
productivity;
(10) the acquisition price; and
(11) any other factor relevant to determining the best value for
the agency or authority in the context of a particular
acquisition.
(d) If a state agency to which this section applies acquires
goods or services with a value that exceeds $100,000, the state
agency shall consult with and receive approval from the Health
and Human Services Commission before considering factors other
than price and meeting specifications.
(e) The state auditor or the department may audit the agency's
or authority's acquisitions of goods and services under this
section to the extent state money or federal money appropriated
by the state is used to make the acquisitions.
(f) The agency or authority may adopt rules and procedures for
the acquisition of goods and services under this section.
Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,
1997.
Sec. 533.017. PARTICIPATION IN DEPARTMENT PURCHASING CONTRACTS
OR GROUP PURCHASING PROGRAM. The department may allow a state
agency, local agency, local mental health authority, or local
mental retardation authority that expends public money to
purchase goods or services in connection with providing or
coordinating the provision of mental health or mental retardation
services to purchase goods or services with the public money by
participating in:
(1) a contract the department has made to purchase goods or
services; or
(2) a group purchasing program established or designated by the
department that offers discounts to providers of mental health or
mental retardation services.
Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1,
1997.
Sec. 533.018. SPECIAL OLYMPICS TEXAS ACCOUNT. (a) The Texas
Department of Mental Health and Mental Retardation Special
Olympics Texas account is a separate account in the general
revenue fund. The account is composed of money deposited to the
credit of the account under Section 502.2922, Transportation
Code. Money in the account may be used only for the purposes of
this section.
(b) The department administers the account. Annually, the
department shall distribute the money deposited to the credit of
the account to Special Olympics Texas to be used only to pay for
costs associated with training and with area and regional
competitions of the Special Olympics Texas.
Added by Acts 2001, 77th Leg., ch. 475, Sec. 1, eff. Sept. 1,
2001.
SUBCHAPTER B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES
Sec. 533.031. DEFINITIONS. In this subchapter:
(1) "Elderly resident" means a person 65 years of age or older
residing in a department facility.
(2) "Extended care unit" means a residential unit in a
department facility that contains patients with chronic mental
illness who require long-term care, maintenance, limited
programming, and constant supervision.
(3) "Transitional living unit" means a residential unit that is
designed for the primary purpose of facilitating the return of
hard-to-place psychiatric patients with chronic mental illness
from acute care units to the community through an array of
services appropriate for those patients.
(4) "Commission" means the Health and Human Services Commission.
(5) "Executive commissioner" means the executive commissioner of
the Health and Human Services Commission.
(6) "ICF-MR and related waiver programs" includes ICF-MR Section
1915(c) waiver programs, home and community-based services, Texas
home living waiver services, or another Medicaid program serving
persons with mental retardation.
(7) "Section 1915(c) waiver program" means a federally funded
Medicaid program of the state that is authorized under Section
1915(c) of the federal Social Security Act (42 U.S.C. Section
1396n(c)).
(8) "Qualified service provider" means an entity that meets
requirements for service providers established by the executive
commissioner.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
478, Sec. 1, eff. June 16, 2007.
Sec. 533.032. LONG-RANGE PLANNING. (a) The department shall
have a long-range plan covering at least six years that includes
at least the provisions required by Sections 531.022 and 531.023,
Government Code, and Chapter 2056, Government Code. The plan must
cover the provision of services in and policies for
state-operated institutions and ensure that the medical needs of
the most medically fragile persons the department serves are met.
(b) In developing the plan, the department shall:
(1) solicit input from:
(A) local authorities for mental health and mental retardation;
(B) community representatives;
(C) consumers of mental health and mental retardation services,
including consumers of campus-based and community-based services,
and family members of consumers of those services; and
(D) other interested persons; and
(2) consider the report developed under Subsection (c).
(c) The department shall develop a report containing information
and recommendations regarding the most efficient long-term use
and management of the department's campus-based facilities. The
report must:
(1) project future bed requirements for state schools and state
hospitals;
(2) document the methodology used to develop the projection of
future bed requirements;
(3) project maintenance costs for institutional facilities;
(4) recommend strategies to maximize the use of institutional
facilities; and
(5) specify how each state school and state hospital will:
(A) serve and support the communities and consumers in its
service area; and
(B) fulfill statewide needs for specialized services.
(d) In developing the report under Subsection (c), the
department shall:
(1) conduct two public meetings, one meeting to be held at the
beginning of the process and the second meeting to be held at the
end of the process, to receive comments from interested parties;
and
(2) consider:
(A) the medical needs of the most medically fragile of its
clients;
(B) the provision of services to clients with severe and
profound mental retardation and to persons with mental
retardation who are medically fragile or have behavioral
problems;
(C) the program and service preference information collected
under Section 533.038; and
(D) input solicited from consumers of services of state schools
and state hospitals.
(e) The department shall develop a report analyzing state and
federally funded residential services for persons with mental
retardation. The report shall:
(1) determine any disparity in cost and quality outcomes
achieved between services provided in state-operated programs,
including but not limited to ICFs-MR and HCS, and the same or
comparable services provided by private sector providers; and
(2) identify and quantify the reasons for any disparity that
exists.
(f) The department, in preparing the report under Subsection
(e), shall obtain ongoing input from stakeholders, including
department staff, private providers, advocates, consumers, and
family members of consumers.
(g) The department shall:
(1) attach the reports required by Subsections (c) and (e) to
the department's legislative appropriations request for each
biennium;
(2) at the time the department presents its legislative
appropriations request, present the reports to the:
(A) governor;
(B) governor's budget office;
(C) lieutenant governor;
(D) speaker of the house of representatives;
(E) Legislative Budget Board; and
(F) Health and Human Services Commission; and
(3) update the department's long-range plan biennially and
include the reports in the plan.
(h) The department shall, in coordination with the Health and
Human Services Commission, evaluate the current and long-term
costs associated with serving inpatient psychiatric needs of
persons living in counties now served by at least three state
hospitals within 120 miles of one another. This evaluation shall
take into consideration the condition of the physical plants and
other long-term asset management issues associated with the
operation of the hospitals, as well as other issues associated
with quality psychiatric care. After such determination is made,
the Health and Human Services Commission shall begin to take
action to influence the utilization of these state hospitals in
order to ensure efficient service delivery.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 4, eff. Aug.
30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(103), eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1187, Sec. 5, eff. Sept.
1, 1999.
Sec. 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES. The
board by rule shall establish criteria regarding the uses of the
department's campus-based facilities as part of a full continuum
of services.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 6, eff. Sept. 1,
1999.
Sec. 533.033. DETERMINATION OF REQUIRED RANGE OF MENTAL HEALTH
SERVICES. (a) Consistent with the purposes and policies of this
subtitle, the commissioner biennially shall determine:
(1) the types of mental health services that can be most
economically and effectively provided at the community level for
persons exhibiting various forms of mental disability; and
(2) the types of mental health services that can be most
economically and effectively provided by department facilities.
(b) In the determination, the commissioner shall assess the
limits, if any, that should be placed on the duration of mental
health services provided at the community level or at a
department facility.
(c) The department biennially shall review the types of services
the department provides and shall determine if a community
provider can provide services of a comparable quality at a lower
cost than the department's costs.
(d) The commissioner's findings shall guide the department in
planning and administering services for persons with mental
illness.
(e) The commissioner shall report the commissioner's findings to
the legislature, the Legislative Budget Board, and the governor's
budget office with the department's biennial appropriations
request.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 533.034. AUTHORITY TO CONTRACT FOR COMMUNITY-BASED
SERVICES. (a) The department may cooperate, negotiate, and
contract with local agencies, hospitals, private organizations
and foundations, community centers, physicians, and other persons
to plan, develop, and provide community-based mental health and
mental retardation services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.73, eff.
Sept. 1, 2003.
Sec. 533.0345. STATE AGENCY SERVICES STANDARDS. (a) The
department by rule shall develop model program standards for
mental health and mental retardation services for use by each
state agency that provides or pays for mental health or mental
retardation services. The department shall provide the model
standards to each agency that provides mental health or mental
retardation services as identified by the Health and Human
Services Commission.
(b) Model standards developed under Subsection (a) must be
designed to improve the consistency of mental health and mental
retardation services provided by or through a state agency.
(c) Biennially the department shall review the model standards
developed under Subsection (a) and determine whether each
standard contributes effectively to the consistency of service
delivery by state agencies.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,
1999.
Sec. 533.0346. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY
CENTERS. (a) The department may transfer operations of and
services provided at the Amarillo State Center, Beaumont State
Center, and Laredo State Center to a community center established
under Chapter 534, including a newly established center providing
mental retardation services or mental health and mental
retardation services.
(b) The transfer may occur only on the department's approval of
a plan submitted in accordance with Section 534.001(d) or of an
amendment to a previously approved plan. In developing the plan
or plan amendment, the center or proposed center proposing to
accept the state center operation and service responsibilities
shall consider input from consumers of mental health and mental
retardation services and family members of and advocates for
those consumers, organizations that represent affected employees,
and other providers of mental health and mental retardation
services.
(c) The center or proposed center proposing to accept the state
center operation and service responsibilities shall publish
notice of the initial planning meeting regarding the content of
the plan or plan amendment and of the meeting to review the
content of the proposed plan or plan amendment before it is
submitted under Section 534.001(d). The notices must include the
time and location of the meeting. The notice of the meeting to
review the content of the plan or amendment must include
information regarding how to obtain a copy of the proposed plan
or amendment. The notices must be published not fewer than 30
days and not more than 90 days before the date set for the
meeting in a newspaper of general circulation in each county
containing any part of the proposed service area. If a county in
which notice is required to be published does not have a
newspaper of general circulation, the notices shall be published
in a newspaper of general circulation in the nearest county in
which a newspaper of general circulation is published.
(d) At the time the operations and services are transferred to
the community center, money supporting the cost of providing
operations and services at a state center shall be transferred to
the community center to ensure continuity of services.
(e) The Amarillo State Center is exempt from the requirements
listed in Subsections (b) and (c).
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 7, eff. Sept. 1,
1999.
Sec. 533.035. LOCAL MENTAL HEALTH AND MENTAL RETARDATION
AUTHORITIES. (a) The executive commissioner shall designate a
local mental health authority and a local mental retardation
authority in one or more local service areas. The executive
commissioner may delegate to the local authorities the authority
and responsibility of the executive commissioner, the commission,
or a department of the commission related to planning, policy
development, coordination, including coordination with criminal
justice entities, resource allocation, and resource development
for and oversight of mental health and mental retardation
services in the most appropriate and available setting to meet
individual needs in that service area. The executive
commissioner may designate a single entity as the local mental
health authority and the local mental retardation authority for a
service area.
(b) The department by contract or other method of allocation,
including a case-rate or capitated arrangement, may disburse to a
local mental health and mental retardation authority department
federal and department state funds to be spent in the local
service area for:
(1) community mental health and mental retardation services; and
(2) chemical dependency services for persons who are dually
diagnosed as having both chemical dependency and mental illness
or mental retardation.
(c) A local mental health and mental retardation authority, with
the approval of the Department of State Health Services or the
Department of Aging and Disability Services, or both, as
applicable, shall use the funds received under Subsection (b) to
ensure mental health, mental retardation, and chemical dependency
services are provided in the local service area. The local
authority shall consider public input, ultimate cost-benefit, and
client care issues to ensure consumer choice and the best use of
public money in:
(1) assembling a network of service providers;
(2) making recommendations relating to the most appropriate and
available treatment alternatives for individuals in need of
mental health or mental retardation services; and
(3) procuring services for a local service area, including a
request for proposal or open-enrollment procurement method.
(d) A local mental health and mental retardation authority shall
demonstrate to the department that the services that the
authority provides directly or through subcontractors and that
involve state funds comply with relevant state standards.
(e) Subject to Section 533.0358, in assembling a network of
service providers, a local mental health authority may serve as a
provider of services only as a provider of last resort and only
if the local authority demonstrates to the department in the
local authority's local network development plan that:
(1) the local authority has made every reasonable attempt to
solicit the development of an available and appropriate provider
base that is sufficient to meet the needs of consumers in its
service area; and
(2) there is not a willing provider of the relevant services in
the local authority's service area or in the county where the
provision of the services is needed.
(e-1) A local mental retardation authority may serve as a
provider of ICF-MR and related waiver programs only if:
(1) the local authority complies with the limitations prescribed
by Section 533.0355(d); or
(2) the ICF-MR and related waiver programs are necessary to
ensure the availability of services and the local authority
demonstrates to the commission that there is not a willing ICF-MR
and related waiver program qualified service provider in the
local authority's service area where the service is needed.
(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,
eff. June 16, 2007.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 478, Sec. 7,
eff. June 16, 2007.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.03, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 8, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 869, Sec. 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1209, Sec. 14, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 367, Sec. 3, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 198, Sec. 2.74, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
478, Sec. 2, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch.
478, Sec. 7, eff. June 16, 2007.
Sec. 533.0351. LOCAL AUTHORITY NETWORK ADVISORY COMMITTEE. (a)
The executive commissioner shall establish a local authority
network advisory committee to advise the executive commissioner
and the Department of State Health Services on technical and
administrative issues that directly affect local mental health
authority responsibilities.
(b) The committee is composed of equal numbers of
representatives of local mental health authorities, community
mental health service providers, private mental health service
providers, local government officials, advocates for individuals
with mental health needs, consumers of mental health services,
family members of individuals with mental health needs, and other
individuals with expertise in the field of mental health
appointed by the executive commissioner. In addition, the
executive commissioner may appoint facilitators to the committee
as necessary. In appointing the members, the executive
commissioner shall also ensure a balanced representation of:
(1) different regions of this state;
(2) rural and urban counties; and
(3) single-county and multicounty local mental health
authorities.
(c) Members appointed to the advisory committee must have some
knowledge of, familiarity with, or understanding of the
day-to-day operations of a local mental health authority.
(d) The advisory committee shall:
(1) review rules and proposed rules and participate in any
negotiated rulemaking process related to local mental health
authority operations;
(2) advise the executive commissioner and the Department of
State Health Services regarding evaluation and coordination of
initiatives related to local mental health authority operations;
(3) advise the executive commissioner and the Department of
State Health Services in developing a method of contracting with
local mental health authorities that will result in contracts
that are flexible and responsive to:
(A) the needs and services of local communities; and
(B) the department's performance expectations;
(4) coordinate with work groups whose actions may affect local
mental health authority operations;
(5) report to the executive commissioner and the Department of
State Health Services on the committee's activities and
recommendations at least once each fiscal quarter; and
(6) work with the executive commissioner or the Department of
State Health Services as the executive commissioner directs.
(e) For any written recommendation the committee makes to the
Department of State Health Services, the department shall provide
to the committee a written response regarding any action taken on
the recommendation or the reasons for the department's inaction
on the subject of the recommendation.
(f) The committee is subject to Chapter 2110, Government Code,
except that the committee is not subject to Section 2110.004 or
2110.008, Government Code. The committee is abolished on
September 1, 2017, unless the executive commissioner adopts a
rule continuing the committee in existence beyond that date.
(g) The Department of State Health Services may reimburse
consumers of mental health services and family members of
individuals with mental health needs appointed to the committee
for travel costs incurred in performing their duties as provided
in the General Appropriations Act.
Added by Acts 1999, 76th Leg., ch. 1187, Sec. 8, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 79, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
478, Sec. 3, eff. June 16, 2007.
Sec. 533.0352. LOCAL AUTHORITY PLANNING FOR LOCAL SERVICE AREA.
(a) Each local mental health or mental retardation authority
shall develop a local service area plan to maximize the
authority's services by using the best and most cost-effective
means of using federal, state, and local resources to meet the
needs of the local community according to the relative priority
of those needs. Each local mental health or mental retardation
authority shall undertake to maximize federal funding.
(b) A local service area plan must be consistent with the
purposes, goals, and policies stated in Section 531.001 and the
department's long-range plan developed under Section 533.032.
(c) The department and a local mental health or mental
retardation authority shall use the local authority's local
service plan as the basis for contracts between the department
and the local authority and for establishing the local
authority's responsibility for achieving outcomes related to the
needs and characteristics of the authority's local service area.
(d) In developing the local service area plan, the local mental
health or mental retardation authority shall:
(1) solicit information regarding community needs from:
(A) representatives of the local community;
(B) consumers of community-based mental health and mental
retardation services and members of the families of those
consumers;
(C) consumers of services of state schools for persons with
mental retardation, members of families of those consumers, and
members of state school volunteer services councils, if a state
school is located in the local service area of the local
authority; and
(D) other interested persons; and
(2) consider:
(A) criteria for assuring accountability for, cost-effectiveness
of, and relative value of service delivery options;
(B) goals to minimize the need for state hospital and community
hospital care;
(C) goals to ensure a client with mental retardation is placed
in the least restrictive environment appropriate to the person's
care;
(D) opportunities for innovation to ensure that the local
authority is communicating to all potential and incoming
consumers about the availability of services of state schools for
persons with mental retardation in the local service area of the
local authority;
(E) goals to divert consumers of services from the criminal
justice system;
(F) goals to ensure that a child with mental illness remains
with the child's parent or guardian as appropriate to the child's
care; and
(G) opportunities for innovation in services and service
delivery.
(e) The department and the local mental health or mental
retardation authority by contract shall enter into a performance
agreement that specifies required standard outcomes for the
programs administered by the local authority. Performance related
to the specified outcomes must be verifiable by the department.
The performance agreement must include measures related to the
outputs, costs, and units of service delivered. Information
regarding the outputs, costs, and units of service delivered
shall be recorded in the local authority's automated data
systems, and reports regarding the outputs, costs, and units of
service delivered shall be submitted to the department at least
annually as provided by department rule.
(f) The department and the local mental health or mental
retardation authority shall provide an opportunity for community
centers and advocacy groups to provide information or assistance
in developing the specified performance outcomes under Subsection
(e).
Added by Acts 2003, 78th Leg., ch. 358, Sec. 1, eff. June 18,
2003.
Renumbered from Health and Safety Code, Section 533.0354 by Acts
2005, 79th Leg., Ch.
728, Sec. 23.001(52), eff. September 1, 2005.
Sec. 533.03521. LOCAL NETWORK DEVELOPMENT PLAN CREATION AND
APPROVAL. (a) A local mental health authority shall develop a
local network development plan regarding the configuration and
development of the local mental health authority's provider
network. The plan must reflect local needs and priorities and
maximize consumer choice and access to qualified service
providers.
(b) The local mental health authority shall submit the local
network development plan to the Department of State Health
Services for approval.
(c) On receipt of a local network development plan under this
section, the department shall review the plan to ensure that the
plan:
(1) complies with the criteria established by Section 533.0358
if the local mental health authority is providing services under
that section; and
(2) indicates that the local mental health authority is
reasonably attempting to solicit the development of a provider
base that is:
(A) available and appropriate; and
(B) sufficient to meet the needs of consumers in the local
authority's local service area.
(d) If the department determines that the local network
development plan complies with Subsection (c), the department
shall approve the plan.
(e) At least biennially, the department shall review a local
mental health authority's local network development plan and
determine whether the plan complies with Subsection (c).
(f) As part of a local network development plan, a local mental
health authority annually shall post on the local authority's
website a list of persons with whom the local authority had a
contract or agreement in effect during all or part of the
previous year, or on the date the list is posted, related to the
provision of mental health services.
Added by Acts 2007, 80th Leg., R.S., Ch.
478, Sec. 4, eff. June 16, 2007.
Sec. 533.0354. DISEASE MANAGEMENT PRACTICES AND JAIL DIVERSION
MEASURES OF LOCAL MENTAL HEALTH AUTHORITIES. (a) A local mental
health authority shall ensure the provision of assessment
services, crisis services, and intensive and comprehensive
services using disease management practices for adults with
bipolar disorder, schizophrenia, or clinically severe depression
and for children with serious emotional illnesses. The local
mental health authority shall ensure that individuals are engaged
with treatment services that are:
(1) ongoing and matched to the needs of the individual in type,
duration, and intensity;
(2) focused on a process of recovery designed to allow the
individual to progress through levels of service;
(3) guided by evidence-based protocols and a strength-based
paradigm of service; and
(4) monitored by a system that holds the local authority
accountable for specific outcomes, while allowing flexibility to
maximize local resources.
(b) The department shall require each local mental health
authority to incorporate jail diversion strategies into the
authority's disease management practices for managing adults with
schizophrenia and bipolar disorder to reduce the involvement of
those client populations with the criminal justice system.
(c) The department shall enter into performance contracts
between the department and each local mental health authority for
the fiscal years ending August 31, 2004, and August 31, 2005,
that specify measurable outcomes related to their success in
using disease management practices to meet the needs of the
target populations.
(d) The department shall study the implementation of disease
management practices, including the jail diversion measures, and
shall submit to the governor, the lieutenant governor, and the
speaker of the house of representatives a report on the progress
in implementing disease management practices and jail diversion
measures by local mental health authorities. The report must be
delivered not later than December 31, 2004, and must include
specific information on:
(1) the implementation of jail diversion measures undertaken;
and
(2) the effect of disparities in per capita funding levels among
local mental health authorities on the implementation and
effectiveness of disease management practices and jail diversion
measures.
(e) The department may use the fiscal year ending August 31,
2004, as a transition period for implementing the requirements of
Subsections (a)-(c).
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.75, eff. Sept. 1,
2003.
Sec. 533.0355. LOCAL MENTAL RETARDATION AUTHORITY
RESPONSIBILITIES. (a) The executive commissioner shall adopt
rules establishing the roles and responsibilities of local mental
retardation authorities.
(b) In adopting rules under this section, the executive
commissioner must include rules regarding the following local
mental retardation authority responsibilities:
(1) access;
(2) intake;
(3) eligibility functions;
(4) enrollment, initial person-centered assessment, and service
authorization;
(5) utilization management;
(6) safety net functions, including crisis management services
and assistance in accessing facility-based care;
(7) service coordination functions;
(8) provision and oversight of state general revenue services;
(9) local planning functions, including stakeholder involvement,
technical assistance and training, and provider complaint and
resolution processes; and
(10) processes to assure accountability in performance,
compliance, and monitoring.
(c) In determining eligibility under Subsection (b)(3), a local
mental retardation authority must offer a state school as an
option among the residential services and other community living
options available to an individual who is eligible for those
services and who meets the department's criteria for state school
admission, regardless of whether other residential services are
available to the individual.
(d) In establishing a local mental retardation authority's role
as a qualified service provider of ICF-MR and related waiver
programs under Section 533.035(e-1), the executive commissioner
shall require the local mental retardation authority to:
(1) base the local authority's provider capacity on the local
authority's August 2004 enrollment levels for the waiver programs
the local authority operates and, if the local authority's
enrollment levels exceed those levels, to reduce the levels by
attrition; and
(2) base any increase in the local authority's provider capacity
on:
(A) the local authority's state-mandated conversion from an
ICF-MR program to a Section 1915(c) waiver program allowing for a
permanent increase in the local authority's provider capacity in
accordance with the number of persons who choose the local
authority as their provider;
(B) the local authority's voluntary conversion from an ICF-MR
program to a Section 1915(c) waiver program allowing for a
temporary increase in the local authority's provider capacity, to
be reduced by attrition, in accordance with the number of persons
who choose the local authority as their provider;
(C) the local authority's refinancing from services funded
solely by state general revenue to a Medicaid program allowing
for a temporary increase in the local authority's provider
capacity, to be reduced by attrition, in accordance with the
number of persons who choose the local authority as their
provider; or
(D) other extenuating circumstances that:
(i) are monitored and approved by the Department of Aging and
Disability Services;
(ii) do not include increases that unnecessarily promote the
local authority's provider role over its role as a local mental
retardation authority; and
(iii) may include increases necessary to accommodate a
family-specific or consumer-specific circumstance and choice.
(e) Any increase based on extenuating circumstances under
Subsection (d)(2)(D) is considered a temporary increase in the
local mental retardation authority's provider capacity, to be
reduced by attrition.
(f) At least biennially, the Department of Aging and Disability
Services shall review and determine the local mental retardation
authority's status as a qualified service provider in accordance
with criteria that includes the consideration of the local
authority's ability to assure the availability of services in its
area, including:
(1) program stability and viability;
(2) the number of other qualified service providers in the area;
and
(3) the geographical area in which the local authority is
located.
(g) The Department of Aging and Disability Services shall ensure
that local services delivered further the following goals:
(1) to provide individuals with the information, opportunities,
and support to make informed decisions regarding the services for
which the individual is eligible;
(2) to respect the rights, needs, and preferences of an
individual receiving services; and
(3) to integrate individuals with mental retardation and
developmental disabilities into the community in accordance with
relevant independence initiatives and permanency planning laws.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.76, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
478, Sec. 5, eff. June 16, 2007.
Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. (a) In
this section, "commission" means the Texas Commission on Alcohol
and Drug Abuse.
(b) The department and the commission jointly may designate a
local behavioral health authority in a local service area to
provide mental health and chemical dependency services in that
area. The board and the commission may delegate to an authority
designated under this section the authority and responsibility
for planning, policy development, coordination, resource
allocation, and resource development for and oversight of mental
health and chemical dependency services in that service area. An
authority designated under this section has:
(1) all the responsibilities and duties of a local mental health
authority provided by Section 533.035 and by Subchapter B,
Chapter 534; and
(2) the responsibility and duty to ensure that chemical
dependency services are provided in the service area as described
by the statewide service delivery plan adopted under Section
461.0124.
(c) In the planning and implementation of services, the
authority shall give proportionate priority to mental health
services and chemical dependency services that ensures that funds
purchasing services are used in accordance with specific
regulatory and statutory requirements that govern the respective
funds.
(d) A local mental health authority may apply to the department
and commission for designation as a local behavioral health
authority.
(e) The department and commission, by contract or by a case-rate
or capitated arrangement or another method of allocation, may
disburse money, including federal money, to a local behavioral
health authority for services.
(f) A local behavioral health authority, with the approval of
the department or the commission as provided by contract, shall
use money received under Subsection (e) to ensure that mental
health and chemical dependency services are provided in the local
service area