Current through Reg. 49, No. 38; September 20, 2024
(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
ForensicServices.
(b)
Statutory authority. JCAFS is authorized by:
(1) Texas Health and Safety Code §
RSA
533.051(c), which defines
membership requirements and prescribes the duties of the JCAFS; and
(2) Texas Health and Safety Code §
RSA 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 §
RSA
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 §
RSA 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,
§
RSA
351.801 of this subchapter (relating to
Authority and General Provisions), Texas Government Code §
RSA 531.012, 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 §
RSA 533.051
and §
RSA 533.0515
remain in effect because the JCAFS is established by statute.
