HBA-MPM H.B. 1486 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1486 By: Gray Public Health 4/7/1999 Introduced BACKGROUND AND PURPOSE The Texas Department of Mental Health and Mental Retardation (MHMR), created in 1965, is responsible for planning, policy development, and oversight of 11 mental health and mental retardation services in the state. It also operates 11 state schools for persons with mental retardation and eight state hospitals for persons with mental illness, as well as two state centers and ten stateoperated community services. To carry out these duties, MHMR has a budget of $1.6 billion and 23,119 employees for the 1999 fiscal year. MHMR serves most of its clientele in the community, as opposed to institutions, by passing the majority of its appropriation to its 38 community MHMR centers through performance contracts. These centers are governed by local boards, usually appointed by county commissioners' courts and provide or contract for services in the community. MHMR is subject to the Sunset Act and will be abolished on September 1, 1999 unless continued by the legislature. After review of MHMR, the Sunset Advisory Commission recommended its continuance, as well as statutory modifications. H.B. 1486 continues MHMR in existence until September 1, 2007 unless provided by the Texas Sunset Act. This bill also does the following: _sets forth a training program for a member of the Texas Board of Mental Health and Mental Retardation (board); _requires the commissioner of mental health or the commissioner's designee to prepare and maintain a written policy statement that implements, rather than a policy that assures implementation of, a program of equal employment opportunity to ensure that all personnel decisions, rather than transactions, are made without regard to certain factors; _requires MHMR to develop a report containing recommendations and information regarding the most efficient long-term use of the department's campus-based facilities on a biennial basis; _requires the board to enter into an agreement with the Texas Rehabilitation Commission that defines the roles and responsibilities of each agency regarding the agencies' shared client populations; _requires MHMR to adopt a long-range plan for state-operated institutions, and in developing the plan, to solicit input from local community centers, community representatives, and other interested persons; _requires the board, by rule, to establish criteria regarding the use of the department's campus-based facilities to ensure that they offer a full continuum of services; _requires the board, by rule, to establish standards of care for mental health services provided by a state agency or its contractors; and _sets forth the Local Authority Advisory Committee. Furthermore, this bill addresses joint efforts between MHMR and the Texas Commission of Alcohol and Drug Abuse. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Mental Health and Mental Retardation in SECTION 7 (Section 533.0325, Health and Safety Code) and SECTION 8 (Section 533.0345, Health and Safety Code), to the Texas Department of Mental Health and Mental Retardation in SECTION 9 (Section 533.0351, Health and Safety Code), and to the Texas Commission on Alcohol and Drug Abuse in SECTION 14 (Section 461.0128, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 532.002, Health and Safety Code, to abolish the Texas Department of Mental Health and Mental Retardation (MHMR) and have Chapter 532 (Organization of Texas Department of Mental Health and Mental Retardation) expire September 1, 2007, rather than September 1, 1999, unless continued in existence as provided by Chapter 325 (Texas Sunset Act), Government Code. SECTION 2. Amends Chapter 532, Health and Safety Code, by adding Section 532.0035, as follows: Sec. 532.0035. BOARD TRAINING. (a) Prohibits a person appointed to and qualifying for office as a member of the Texas Board of Mental Health and Mental Retardation (board) from voting, deliberating, or being counted in attendance at a board meeting until the person completes a training program that complies with this section. (b) Provides that the training program must provide the person with information regarding certain programs, roles, functions, and rules of MHMR and the legislation that created it, as well as the department's current budget and the results of the most recent formal audit of MHMR. Additionally, the program must include information about laws regarding open meetings, public information, administrative procedure, and other laws relating to public officials, including conflict-of-interest laws, and any applicable ethics policies adopted by the department or the Texas Ethics Commission. (c) Entitles a person appointed to the board to reimbursement provided by the General Appropriations Act for travel expenses incurred in attending the training program, regardless of whether the person qualified for office before or after attending the program. SECTION 3. Amends Sections 532.016(d) and (e), Health and Safety Code, as follows: (d) Requires the commissioner of mental health (commissioner) or the commissioner's designee to prepare and maintain a written policy statement that implements, rather than a policy that assures implementation of, a program of equal employment opportunity to ensure that all personnel decisions, rather than transactions, are made without regard to certain factors. Requires the policy statement to show the intent of the department to avoid unlawful employment practices described by Chapter 21 (Employment Discrimination), Labor Code. Further requires the statement to include an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law, and a description of reasonable methods to achieve compliance with these laws. Deletes existing Subdivision (2), which states that the policy statement must include a comprehensive analysis of MHMR work force that meets federal and state guidelines. Makes nonsubstantive changes. (e) Deletes the requirement that the policy statement cover an annual period, and requires it to be reviewed by the state Commission on Human Rights for compliance with policies regarding recruitment, evaluation, selection, training, and promotion of personnel that show MHMR's intent to avoid unlawful employment practices. Redesignates existing Subdivision (2) to Subdivision (1). Makes nonsubstantive changes. SECTION 4. Amends Chapter 532, Health and Safety Code, by adding Section 532.0175, as follows: Sec. 532.0175. BIENNIAL REPORT ON FACILITIES USE. (a) Requires MHMR to develop a report containing recommendations and information regarding the most efficient long-term use of MHMR's campus-based facilities. Provides that the report must include a summary of the plan required by Section 533.032 (Long-Range Plan), Health and Safety Code. (b) Requires MHMR to attach the report to its legislative appropriations request for each biennium, and when presenting that request, to present the report to certain state officials and entities. SECTION 5. Amends Subchapter A, Chapter 533, Health and Safety Code, by adding Section 533.013, as follows: Sec. 533.013. DUPLICATION OF REHABILITATION SERVICES. Requires the board to enter into an agreement with the Texas Rehabilitation Commission (TRC) that defines the roles and responsibilities of each agency regarding the agencies' shared client populations. Provides that the agreement must establish methods to prevent the duplication and fragmentation of employment services. SECTION 6. Amends Section 533.032, Health and Safety Code, as follows: Sec. 533.032. New title: LONG-RANGE PLANNING. (a) Created from existing text. Requires MHMR's long-range plan to include at least the provisions required by Sections 531.022 and 531.023, Government Code (Coordinated Strategic Plan for Health and Human Services, and Submission of Plans and Updates by Agencies, respectively), rather than Section 10, Article 4413(502), V.T.C.S., although the provisions of Chapter 2056 (Strategic Plans of Operation), Government Code, continue to be required. (b) Requires the board to adopt a long-range plan for state-operated institutions, and in developing the plan, to solicit input from local community centers, community representatives, and other interested persons. (c) Provides that the plan must include: _projections regarding bed requirements for state schools and maintenance costs for institutional facilities, _document the methodology used to develop the projection of the bed requirements, _recommend strategies to maximum the use of institutional facilities, and _specify how each state school and hospital will serve and support communities and consumers in its service area, as well as fulfill statewide needs for specialized services. SECTION 7. Amends Subchapter B, Chapter 533, Health and Safety Code, by adding Section 533.0325, as follows: Section 533.0325. CONTINUUM OF SERVICES IN CAMPUS FACILITIES. Requires the board, by rule, to establish criteria regarding the use of MHMR's campus-based facilities to ensure that they offer a full continuum of services. SECTION 8. Amends Subchapter B, Chapter 533, Health and Safety Code, by adding Section 533.0345, as follows: Sec. 533.0345. STATE AGENCY SERVICE STANDARDS. Requires the board, by rule, to establish standards of care for mental health services provided by a state agency or its contractors. Provides that these standards must be designed to ensure that the quality of services provided is consistent with that provided by MHMR. Requires MHMR to review the standards biennially and determine whether each standard is necessary to ensure consistent quality of care. SECTION 9. Amends Subchapter B, Chapter 533, Health and Safety Code, by adding Section 533.0351, as follows: Sec. 533.0351. LOCAL AUTHORITY ADVISORY COMMITTEE. Defines "local authority" in this section as a local mental health or mental retardation facility. Requires the commissioner to establish a nine-member local authority advisory committee (committee). Sets forth the composition of the committee. Requires the committee to perform certain duties. Requires MHMR to provide the committee a written response regarding any action taken on a recommendation the committee makes to MHMR, or the reason for MHMR's inaction on the recommendation. Provides that the committee is subject to Chapter 2110 (State Agency Advisory Committees), Government Code. Requires MHMR, by rule, to provide that the committee is abolished on September 1, 2007, in accordance with Section 2110.008 (Duration of Advisory Committees), Government Code, unless the board votes to continue its existence. SECTION 10. Amends Subchapter B, Chapter 533, Health and Safety Code, by adding Section 533.0356, as follows: Sec. 533.0356. LOCAL BEHAVIORAL HEALTH AUTHORITIES. Defines "commission" as the Texas Commission on Alcohol and Drug Abuse (TCADA). Requires MHMR to integrate its local service delivery structure with that of TCADA through the creation of local behavioral health authorities, as the board determines appropriate. Requires a local behavioral health authority to perform certain duties with respect to mental health and substance abuse services. SECTION 11. Amends Subchapter B, Chapter 533, Health and Safety Code, by adding Section 533.039, as follows: Sec. 533.039. CLIENT SERVICES OMBUDSMAN. Requires the commissioner to employ an ombudsman to assist a person or the parent or guardian of a person who has been denied service by MHMR, a MHMR program or facility, or a local mental health or mental retardation facility. Requires the ombudsman to perform certain duties in this capacity. SECTION 12. Amends Section 534.007, Health and Safety Code, as follows: Sec. 534.007. New title: PROHIBITED ACTIVITIES BY FORMER OFFICERS OR EMPLOYEES; OFFENSE. (a) Prohibits a former officer or employee of a community center who ceases, rather than terminates, service or employment with the center from representing any person or receiving compensation for services rendered on behalf of any person regarding a matter in which the former officer or employee participated during the period of employment, either through personal involvement or because the case or proceeding was a matter within the officer's of employee's official responsibility. Deletes text prohibiting the former officer or employee, for one year after the date on which the officer or employee terminates service or employment, from directly or indirectly attempting or aiding in the attempt to procure a contract with the community center where the individual served or was employed, if the contract relates to a program or service in which the individual was directly concerned or for which the individual had administrative responsibility. (b) Makes this section inapplicable to a former employee who is compensated on the last date of service or employment below the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, or a former officer or employee who is employed by a state agency or another community center. (c) Makes Subsection (a) inapplicable to a proceeding related to policy development that was concluded before the officer's or employee's service or employment ceased. (d) Created from existing text. Makes no changes. (e) Defines "participated" as to have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action; and "particular matter" as a specific investigation, application, request for a ruling or determination, proceeding related to the development of policy, contract, claim, charge, accusation, arrest, or judicial or other proceeding. SECTION 13. Amends Section 534.065(b), Health and Safety Code, to authorize, rather than require, a mental health or mental retardation authority to renew a contract only if the contract meets the criteria provided by Sections 2155.074 and 2155.144 (Best Value Standard for Purchase of Goods or Services, and Health Care Purchasing, respectively), Government Code. Deletes existing text regarding specific circumstances under which the authority may renew the contract. SECTION 14. Amends Chapter 461, Health and Safety Code, by adding Section 461.0128, as follows: Sec. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) Requires TCADA, by rule, to establish standards of care for substance abuse services provided by a state agency or its contractors. Provides that these standards must ensure that the quality of services provided by or through a state agency is consistent with that provided by TCADA. Requires TCADA to review the standards biennially and determine whether each standard is necessary to ensure consistent quality of care. SECTION 15. Amends Chapter 461, Health and Safety Code, by adding Section 461.0129, as follows: Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. Defines "department" as the Texas Department of Mental Health and Mental Retardation. Requires TCADA, as it deems appropriate, to integrate its local service delivery structure with that of MHMR through the creation of local behavioral health authorities. Requires a local behavioral health authority to perform certain duties and functions. SECTION 16. (a) Makes application of Section 532.0035 prospective to a member of the Texas Board of Mental Health and Mental Retardation appointed on or after the date of this Act. (b) Makes application of Section 534.007 prospective to a person who ceases employment on or after the effective date of this Act. (c) Makes application of Section 534.065(b) prospective to a contract considered for renewal on or after the effective date of the Act. SECTION 17. Effective date: September 1, 1999. SECTION 18. Emergency clause.