2021 Legislation: Supports for Community-Based Treatment

Texas remains a leading incarcerator, at significant costs to families and communities. It is critical to establish a community-based, public health approach to substance use, behavioral health, and other issues that are better addressed outside of prison and jail walls.

HB 788 (Author: Geren | Sponsor: Zaffirini), Relating to the eligibility of emergency service dispatchers to participate in a public safety employees treatment court program. Previously, participation in a public safety employees treatment court program had been reserved for peace officers, firefighters, detention officers, county jailers, and emergency medical services employees. Per this bill, eligibility is extended to emergency dispatchers. Signed by the Governor; effective on 9/1/2021


HB 2595 (Authors: Price, Smith, Allison, Meza, Rose | Sponsor: Nelson), Relating to a parity complaint portal and educational materials and parity law training regarding benefits for mental health conditions and substance use disorders to be made available through the portal and otherwise; designating October as mental health condition and substance use disorder parity awareness month. The Commissioner of Insurance must develop and maintain a parity complaint portal that allows enrollees of health benefit plans to submit complaints of suspected violations regarding coverage for mental health conditions and substance use disorders. The portal must provide updates on the status of an enrollee’s complaint, ensure timely and equitable resolution for submitted complaints, and include information on when a claim may be denied. The Health and Human Services Commission (HHSC) must appoint a liaison to the Department of Insurance to receive reports of concerns, complaints, and potential violations submitted through the portal. Furthermore, the Commissioner and HHSC’s Ombudsman for Behavioral Health must develop educational materials and parity law training sessions regarding coverage for mental health conditions and substance use disorders, to be made available to health benefit plan issuers and enrollees; the materials and training sessions must also be available in the portal. By September 1 of each year, the Commissioner and HHSC Ombudsman must submit a report to the legislature on: the status of rights and responsibilities for mental health condition and substance use disorder benefits, as well as resolved and unresolved complaints submitted through the portal. The report findings must also be published in the portal.

Separately, this bill designates October as Mental Health Condition and Substance Use Disorder Parity Awareness Month, intended to increase awareness of and education on the available benefits for mental health conditions and substance use disorders. Signed by the Governor; effective on 9/1/2021


SB 454 (Author: Kolkhorst | Sponsors: Lambert, Guillen), Relating to mental health services development plans as updated by the Health and Human Services Commission and local mental health authority groups. The Health and Human Services Commission (HHSC) must require each Local Mental Health Authority (LMHA) group to meet at least quarterly to collaborate on planning and implementing regional strategies to reduce: incarceration of people with mental illness in local county jails, local hospital emergency room visits by people with mental illness, transportation of people served by the LMHA to local mental health facilities, and costs to local governments of providing services to people experiencing a mental health crisis.

The HHSC, in coordination with each LMHA group, must annually update the mental health services development plan, to include a description of actions taken by the group to implement regional strategies in the plan, and any new regional strategies identified by the group, as well as the estimated number of outpatient and inpatient beds necessary to meet the goals of each group’s regional strategy.

By December 1 of each year, beginning in 2022, the HHSC must produce and publish a report containing the most recent version of each mental health services development plan. Signed by the Governor; effective on 6/4/2021


SB 1921 (Author: Lucio | Sponsor: Guillen), Relating to Medicaid reimbursement for the provision of certain behavioral health and physical health services. The Health and Human Services Commission must provide Medicaid reimbursement to a behavioral health services provider, using a fee-for-service delivery model, prior to an individual’s enrollment with and receipt of such services through a managed care organization. Note: “Behavioral health services” means mental health and substance abuse disorder services, and it includes targeted case management and psychiatric rehabilitation services. Signed by the Governor; effective on 9/1/2022