85R20312 MM-F     By: White H.B. No. 2904     Substitute the following for H.B. No. 2904:     By:  Frank C.S.H.B. No. 2904       A BILL TO BE ENTITLED   AN ACT   relating to the memorandum of understanding among certain agencies   to coordinate services provided to persons needing multiagency   services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 531.055, Government Code, is amended by   amending Subsections (a), (b), and (e) and adding Subsection (f) to   read as follows:          (a)  The Health and Human Services Commission, the   Department of Family and Protective Services, the Department of   State Health Services, the Texas Education Agency [Each health and   human services agency], the Texas Correctional Office on Offenders   with Medical or Mental Impairments, the Texas Department of   Criminal Justice, the Texas Department of Housing and Community   Affairs, the Texas Workforce Commission, and the Texas Juvenile   Justice Department shall enter into a joint memorandum of   understanding to promote a system of local-level interagency   staffing groups to identify and coordinate services for persons   needing multiagency services to be provided in the least   restrictive setting appropriate, using residential, institutional,   or congregate care settings only as a last resort.  The division   within the Health and Human Services Commission that coordinates   the policy and delivery of mental health services shall oversee the   development and implementation of the joint memorandum of   understanding.          (b)  The memorandum must:                (1)  clarify the statutory responsibilities of each   agency in relation to persons needing multiagency services,   including subcategories for different services such as:                      (A)  [prevention,] family preservation and   strengthening;                      (B)  physical and behavioral health care;                      (C)  prevention and early intervention services,   including services designed to prevent:                            (i)  child abuse;                            (ii)  neglect; or                            (iii)  delinquency, truancy, or school   dropout;                      (D)  diversion from juvenile or criminal justice   involvement;                      (E)  housing;                      (F)  [,] aging in place;                      (G)  [,] emergency shelter;                      (H)  [, diagnosis and evaluation,] residential   care;                      (I)  [,] after-care;                      (J)  [,] information and referral;[, medical   care,] and                      (K)  investigation services;                (2)  include a functional definition of "persons   needing multiagency services";                (3)  outline membership, officers, and necessary   standing committees of local-level interagency staffing groups;                (4)  define procedures aimed at eliminating   duplication of services relating to assessment and diagnosis,   treatment, residential placement and care, and case management of   persons needing multiagency services;                (5)  define procedures for addressing disputes between   the agencies that relate to the agencies' areas of service   responsibilities;                (6)  provide that each local-level interagency   staffing group includes:                      (A)  a local representative of each agency;                      (B)  representatives of local private sector   agencies; and                      (C)  family members or caregivers of persons   needing multiagency services or other current or previous consumers   of multiagency services acting as general consumer advocates;                (7)  provide that the local representative of each   agency has authority to contribute agency resources to solving   problems identified by the local-level interagency staffing group;                (8)  provide that if a person's needs exceed the   resources of an agency, the agency may, with the consent of the   person's legal guardian, if applicable, submit a referral on behalf   of the person to the local-level interagency staffing group for   consideration;                (9)  provide that a local-level interagency staffing   group may be called together by a representative of any member   agency;                (10)  provide that an agency representative may be   excused from attending a meeting if the staffing group determines   that the age or needs of the person to be considered are clearly not   within the agency's service responsibilities, provided that each   agency representative is encouraged to attend all meetings to   contribute to the collective ability of the staffing group to solve   a person's need for multiagency services;                (11)  define the relationship between state-level   interagency staffing groups and local-level interagency staffing   groups in a manner that defines, supports, and maintains local   autonomy;                (12)  provide that records that are used or developed   by a local-level interagency staffing group or its members that   relate to a particular person are confidential and may not be   released to any other person or agency except as provided by this   section or by other law; and                (13)  provide a procedure that permits the agencies to   share confidential information while preserving the confidential   nature of the information.          (e)  The agencies shall ensure that a state-level   interagency staffing group provides:                (1)  information and guidance to local-level   interagency staffing groups regarding:                      (A)  the availability of programs and resources in   the community; and                      (B)  best practices for addressing the needs of   persons with complex needs in the least restrictive setting   appropriate; and                (2)  a biennial report to the administrative head of   each agency, the legislature, and the governor that includes:                      (A) [(1)]  the number of persons served through   the local-level interagency staffing groups and the outcomes of the   services provided;                      (B) [(2)]  a description of any barriers   identified to the state's ability to provide effective services to   persons needing multiagency services; and                      (C) [(3)]  any other information relevant to   improving the delivery of services to persons needing multiagency   services.          (f)  In this section, "least restrictive setting" means a   service setting for a person that, in comparison to other available   service settings:                (1)  is most able to meet the identified needs of the   person;                (2)  prioritizes a home and community-based care   setting; and                (3)  engages the strengths of the family.          SECTION 2.  As soon as practicable after the effective date   of this Act, but not later than December 1, 2017, the Health and   Human Services Commission, the Department of Family and Protective   Services, the Department of State Health Services, the Texas   Education Agency, the Texas Correctional Office on Offenders with   Medical or Mental Impairments, the Texas Department of Criminal   Justice, the Texas Department of Housing and Community Affairs, the   Texas Workforce Commission, and the Texas Juvenile Justice   Department shall update the joint memorandum of understanding   required under Section 531.055, Government Code, as amended by this   Act.          SECTION 3.  This Act takes effect September 1, 2017.