2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties Relating to Provision of Mental Health Services › Section 533.0354. Disease Management Practices and Jail Diversion Measures of Local Mental Health Authorities

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.
(a-1)  In addition to the services required under Subsection (a) and using money appropriated for that purpose or money received under the Texas Health Care Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), a local mental health authority may ensure, to the extent feasible, the provision of assessment services, crisis services, and intensive and comprehensive services using disease management practices for children with serious emotional, behavioral, or mental disturbance not described by Subsection (a) and adults with severe mental illness who are experiencing significant functional impairment due to a mental health disorder not described by Subsection (a) that is defined by the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), including:
(1)  major depressive disorder, including single episode or recurrent major depressive disorder;
(2)  post-traumatic stress disorder;
(3)  schizoaffective disorder, including bipolar and depressive types;
(4)  obsessive-compulsive disorder;
(5)  anxiety disorder;
(6)  attention deficit disorder;
(7)  delusional disorder;
(8)  bulimia nervosa, anorexia nervosa, or other eating disorders not otherwise specified; or
(9)  any other diagnosed mental health disorder.
(a-2)  The local mental health authority shall ensure that individuals described by Subsection (a-1) are engaged with treatment services in a clinically appropriate manner.
(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.
(b-1)  The department shall require each local mental health authority to incorporate jail diversion strategies into the authority's disease management practices to reduce the involvement of the criminal justice system in managing adults with the following disorders as defined by the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), who are not described by Subsection (b):
(1)  post-traumatic stress disorder;
(2)  schizoaffective disorder, including bipolar and depressive types;
(3)  anxiety disorder; or
(4)  delusional disorder.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.75, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(93), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 2, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1310 (S.B. 7), Sec. 6.06, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.