HB5121 - Relating to inpatient competency restoration services.

  89R3916 EAS-D     By: Harris Davila H.B. No. 5121       A BILL TO BE ENTITLED   AN ACT   relating to inpatient competency restoration services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 7, Health and Safety Code, is   amended by adding Chapter 580 to read as follows:   CHAPTER 580. INPATIENT COMPETENCY RESTORATION SERVICES           Sec. 580.001.  DEFINITIONS. In this chapter:                 (1)     "Commission" means the Health and Human Services   Commission.                 (2)     "Competency restoration" has the meaning assigned   by Article 46B.001, Code of Criminal Procedure.                 (3)     "Residential care facility" has the meaning   assigned by Section 591.003.           Sec.   580.002.     APPLICABILITY. This chapter applies only to   a facility that contracts with the commission to provide inpatient   competency restoration services for an individual to stand trial in   accordance with Chapter 46B, Code of Criminal Procedure.           Sec.   580.003.     MEMORANDUM OF UNDERSTANDING. The executive   commissioner by rule shall require each facility to which this   chapter applies to enter into a memorandum of understanding with   the county and municipality in which the facility is located and   each local mental health authority and local behavioral health   authority that operates in the county or municipality, as   applicable, to outline the respective powers and duties of the   parties with respect to inpatient competency restoration services.           Sec.   580.004.     ANNUAL REPORT TO COMMISSION. (a)   The   commission shall require each facility to which this chapter   applies to annually provide to the commission, in the form and   manner the commission requires, the following information for the   preceding year regarding individuals who received inpatient   competency restoration services at the facility:                 (1)     the total number of individuals who received   inpatient competency restoration services at the facility and the   number of those individuals who were restored to competency;                 (2)     for those individuals who were restored to   competency, the average number of days the individuals received   services at the facility;                 (3)     the number of individuals who were restored to   competency after receiving services at the facility for not more   than 60 days;                 (4)     the number of individuals who were not restored to   competency within the initial restoration period and for whom a   treatment extension was sought;                 (5)     the number of individuals who were not restored to   competency and who were transferred to an inpatient mental health   facility or residential care facility; and                 (6)     for individuals who were not restored to   competency, the average length of time between the date a   determination was made that an individual was not restored to   competency and the date the individual was transferred to an   inpatient mental health facility or residential care facility.           (b)     The data in the report must be disaggregated by whether   the individual was charged with a misdemeanor or felony offense and   by any other appropriate demographic factors determined by the   commission.           Sec.   580.005.     ANNUAL REPORT TO LEGISLATURE. Not later than   September 1 of each year, the commission shall prepare and submit to   the legislature a written report on inpatient competency   restoration services in this state for the preceding year. The   report must include:                 (1)     a performance evaluation of each facility to which   this chapter applies;                 (2)     aggregated demographic data on individuals who   received inpatient competency restoration services at a facility to   which this chapter applies, including the criminal offenses the   individuals were charged with, the individuals' countries of   origin, and the individuals' diagnoses, if applicable; and                 (3)     the overall cost of providing inpatient competency   restoration services at a facility to which this chapter applies   compared to the cost of:                       (A)     providing forensic inpatient competency   restoration services at a state hospital; and                       (B)     other competency restoration programs   managed by the commission.          SECTION 2.  Notwithstanding Section 580.005, Health and   Safety Code, as added by this Act, the Health and Human Services   Commission is not required to submit the initial report required by   that section until September 1, 2027.          SECTION 3.  This Act takes effect September 1, 2025.