Current through Reg. 50, No. 13; March 28, 2025
(a) Definitions. The following words and
terms, when used in this section, have the following meanings unless the
context clearly indicates otherwise.
(1)
Executive Commissioner--The Executive Commissioner of the Texas Health and
Human Services Commission or the Executive Commissioner's designee.
(2) Forensic patient--The term has the
meaning described in Texas Health and Safety Code Chapter 532.013.
(3) Forensic services--A competency
examination, competency restoration service, or mental health service provided
to a current or former forensic patient in the community or at a facility that
receives state funds for providing mental health services for forensic
patients.
(4) HHSC--The Texas
Health and Human Services Commission.
(5) JCAFS--The Joint Committee on Access and
Forensic Services.
(b)
Statutory authority. JCAFS is authorized by:
(1) Texas Health and Safety Code §
533.051(c),
which defines membership requirements and prescribes the duties of the JCAFS;
and
(2) Texas Health and Safety
Code §
533.0515,
which authorizes the Executive Commissioner to adopt rules as necessary to
implement its provisions.
(c) Purpose. The purpose of the JCAFS is to:
(1) make recommendations and monitor
implementation of updates to a bed day allocation methodology;
(2) make recommendations and monitor
implementation of a utilization review protocol for state funded beds in
hospitals and other inpatient mental health facilities; and
(3) make recommendations to improve access to
mental health services for both civil and forensic patients throughout the full
continuum of care from institution to community-based settings.
(d) Tasks. The JCAFS considers and
makes recommendations to the Executive Commissioner consistent with the
committee's purpose as stated in subsection (c) of this section.
(e) Reporting requirements. The JCAFS
submits:
(1) a written report to the Executive
Commissioner, the Governor, the Lieutenant Governor, the Speaker of the House
of Representatives, the Senate Finance Committee, the House Appropriations
Committee and the standing committees of the legislature having jurisdiction
over mental health and human services by December 1 of each even-numbered year,
in accordance with Texas Health and Safety Code §
533.0515(e);
and
(2) a proposal for an updated
bed day allocation methodology and bed day utilization review protocol to the
Executive Commissioner no later than December 1 of each even-numbered year, in
accordance with Texas Health and Safety Code §
533.015.
(f) Open meetings. The JCAFS
complies with the requirements for open meetings under Texas Government Code
Chapter 551.
(g) Membership. The
JCAFS is composed of 17 members nominated by the designating organization and
appointed by the Executive Commissioner. A majority of the voting members of
the JCAFS constitutes a quorum. Each member serves until a replacement is
nominated by the designating organization and appointed by the Executive
Commissioner.
(1) The membership consists of:
(A) one Texas Department of Criminal
Justice-designated representative;
(B) one Texas Association of
Counties-designated representative;
(C) two Texas Council of Community
Centers-designated representatives, including one representative of an urban
local service area and one representative of a rural local service
area;
(D) two County Judges and
Commissioners Association of Texas-designated representatives, one of which is
the presiding judge of a court with jurisdiction over mental health
matters;
(E) one Sheriffs'
Association of Texas-designated representative;
(F) two Texas Municipal League-designated
representatives, one of which is a municipal law enforcement
official;
(G) one Texas Conference
of Urban Counties-designated representative;
(H) two Texas Hospital Association-designated
representatives, one of which is a physician;
(I) one representative designated by an
organization identified by HHSC representing individuals with lived experience
receiving publicly funded mental health services; and
(J) four representatives designated by the
HHSC Behavioral Health Advisory Committee (BHAC), or its successor:
(i) including the chair of the
BHAC;
(ii) one representative of
the BHAC's members who is a consumer of or advocate for mental health
services;
(iii) one representative
of the BHAC's members who is a consumer of or advocate for substance abuse
treatment; and
(iv) one
representative of the BHAC's members who is a family member of or advocate for
persons with mental health and substance abuse disorders.
(2) The HHSC Forensic Director and
the State Hospital Chief of Forensic Medicine serve as non-voting ex officio
members of the JCAFS.
(h) Officers. The JCAFS selects from among
its members, a presiding chair and vice-chair. Unless re-elected, the term of
the presiding chair and vice-chair is one year. The chair and vice-chair will
each serve no more than three one-year terms in each position.
(i) Required training. Each member shall
complete all training on relevant statutes and rules, including this section,
§
351.801 of this subchapter
(relating to Authority and General Provisions), Texas Government Code §
523.0201, and Texas
Government Code Chapters 551 and 2110. Training will be provided by
HHSC.
(j) Date of abolition. The
JCAFS will not be abolished as long as the Texas Health and Safety Code §
533.051 and
§
533.0515
remain in effect because the JCAFS is established by statute.
