By: Bell, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1794          (In the Senate - Received from the House May 10, 2017;   May 11, 2017, read first time and referred to Committee on Health &   Human Services; May 19, 2017, reported favorably by the following   vote:  Yeas 8, Nays 0; May 19, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the establishment of the Work Group on Mental Health   Access for First Responders.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a) In this section:                (1)  "Executive commissioner" means the executive   commissioner of the Health and Human Services Commission.                (2)  "First responder" has the meaning assigned by   Section 421.095, Government Code.                (3)  "First responder organization" means:                      (A)  an organization, including a fire   department, law enforcement agency, or emergency medical services   provider, of a political subdivision of this state that employs a   first responder; or                      (B)  a volunteer fire department.                (4)  "Work group" means the Work Group on Mental Health   Access for First Responders.          (b)  Not later than December 1, 2017, the Health and Human   Services Commission shall establish the Work Group on Mental Health   Access for First Responders to develop and make recommendations for   improving access to mental health care services for first   responders.          (c)  The work group is composed of 15 members appointed by   the executive commissioner, unless otherwise provided, as follows:                (1)  one member from the Health and Human Services   Commission with expertise in the field of mental health care;                (2)  the dean of the Sam Houston State University   College of Criminal Justice or the dean's designee;                (3)  three practicing mental health professionals, as   defined by Section 61.601, Education Code;                (4)  one representative of volunteer fire departments;                (5)  one representative of paid fire departments,   appointed from a list provided by a statewide association of paid   firefighters;                (6)  two representatives of paid police departments,   appointed from a list provided by a statewide association of police   officers;                (7)  one representative of a sheriff's department;                (8)  two representatives of emergency medical services   providers and personnel licensed under Chapter 773, Health and   Safety Code, one of whom must be a representative of a fire   department that provides emergency medical services and must be   appointed from a list provided by a statewide association of paid   firefighters;                (9)  one municipal government representative;                (10)  one county government representative; and                (11)  one representative of the Texas Department of   Insurance.          (d)  The member described by Subsection (c)(1) of this   section is the presiding officer of the work group.          (e)  A work group member is not entitled to compensation for   service on the work group or to reimbursement for any expenses   incurred in performing work group duties.          (f)  The work group shall meet at least quarterly at the call   of the presiding officer. Work group meetings are subject to the   open meetings law, Chapter 551, Government Code, except that the   work group may meet by teleconference.          (g)  The Health and Human Services Commission shall provide   administrative support for the work group. Funding for the   administrative and operational expenses of the work group shall be   provided from the commission's existing budget.  The work group may   accept gifts, grants, and donations from any source to perform a   work group duty.          (h)  The work group shall develop recommendations to   address:                (1)  the difference in access to mental health care   services between:                      (A)  volunteer fire departments and small law   enforcement agencies, fire departments, and emergency medical   services providers; and                      (B)  large law enforcement agencies, fire   departments, and emergency medical services providers;                (2)  potential solutions for state and local   governments to provide greater access to mental health care   services for first responders;                (3)  the sufficiency of first responder organizations'   employee health insurance plans for obtaining access to mental   health care services for first responders;                (4)  the sufficiency of first responder organizations'   human resources policies, including:                      (A)  whether guaranteed employment should be   offered for a first responder who self-reports a mental health   issue;                      (B)  the effectiveness of existing municipal   employee assistance programs for treating post-traumatic stress   disorder and whether those programs should be expanded;                      (C)  any policy modification necessary to improve   access to mental health care services for first responders; and                      (D)  the establishment of best practices for   municipalities, counties, and state agencies regarding legal   reporting duties for first responders anonymously seeking mental   health treatment;                (5)  the effectiveness of workers' compensation and   other benefit claims for first responders, including determining:                      (A)  the process by which those claims for first   responders are handled and whether that process may be improved;                      (B)  the feasibility of requiring post-traumatic   stress disorder to be covered under workers' compensation for first   responders and if covered, the standards for diagnosing that   condition;                      (C)  the effectiveness of workers' compensation   benefits and related benefits under Chapter 607, Government Code,   and whether those benefits are excessively denied;                      (D)  the effectiveness of outsourcing workers'   compensation and other benefit claims to third parties; and                      (E)  methods for improving the appeals process for   workers' compensation and other benefit claims;                (6)  the feasibility of mental health training during   the licensing or certification and renewal process for first   responders;                (7)  the effectiveness of methods for assessing a first   responder's mental health care needs after a critical incident,   including determining:                      (A)  the feasibility of creating a standardized   post-critical incident checklist to assess a first responder's   mental health and of establishing minimum requirements for a first   responder to return to duty; and                      (B)  the effectiveness of critical incident   stress debriefing programs used by local governments in this state   and whether:                            (i)  those programs may be expanded   statewide; and                            (ii)  peer support may benefit those   programs;                (8)  the opportunities for public-private partnerships   to provide mental health care services to first responders; and                (9)  possible Texas-specific barriers, including   stigmas, for first responders seeking mental health care services.          (i)  In developing the recommendations described by   Subsection (h) of this section, and for academic research related   to the recommendations, the work group may collaborate with the   Bill Blackwood Law Enforcement Management Institute of Texas at Sam   Houston State University, the College of Criminal Justice at Sam   Houston State University, or any other academic institution   considered necessary by the presiding officer of the work group.          (j)  The work group shall develop a written report of the   work group's recommendations described by Subsection (h) of this   section. The work group shall electronically deliver the report to   the governor, the lieutenant governor, and all members of the   legislature not later than January 1, 2019.          (k)  The work group is abolished and this Act expires June 1,   2019.          SECTION 2.  This Act takes effect September 1, 2017.     * * * * *