Relating to the collection of information on available beds at inpatient mental health facilities providing acute psychiatric treatment.

89(R) SB 719 - Engrossed version - Bill Text

By: Eckhardt

S.B. No. 719

A BILL TO BE ENTITLED

AN ACT

relating to the collection of information on available beds at

inpatient mental health facilities providing acute psychiatric

treatment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 311.0335, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (c) to

read as follows:

(a) A hospital that provides mental health or chemical

dependency services shall submit to the department financial and

utilization data relating to the mental health and chemical

dependency services provided by the hospital, including data for

inpatient and outpatient services relating to:

(1) patient demographics, including race, ethnicity,

age, gender, and county of residence;

(2) admissions;

(3) discharges, including length of inpatient

treatment;

(4) specific diagnoses and procedures according to

criteria prescribed by the Diagnostic and Statistical Manual of

Mental Disorders, 3rd Edition, Revised, or a later version

prescribed by department rule;

(5) total charges and the components of the charges;

(6) payor sources; [
and
]

(7) use of mechanical restraints
; and

(8)

total number of inpatient psychiatric beds,

including the total number of beds disaggregated by:

(A) age;

(B) online beds; and

(C) offline beds
.

(c) In this section:

(1)

"Online bed"

means an inpatient psychiatric bed

that is:

(A) operational and occupied; or

(B) unoccupied and available to serve patients.

(2)

"Offline bed"

means an inpatient psychiatric bed

that is unoccupied and unavailable to serve patients.

SECTION 2. (a) In this section:

(1) "Commission" means the Health and Human Services

Commission.

(2) "Inpatient mental health facility" has the meaning

assigned by Section 571.003, Health and Safety Code.

(b) For purposes of this section, an inpatient mental health

facility is considered to be contracted with the commission if the

facility:

(1) contracts directly with the commission; or

(2) is subcontracted through a local mental health

authority or local behavioral health authority.

(c) The commission shall conduct a study regarding the

availability of beds at inpatient mental health facilities in this

state that provide acute inpatient psychiatric treatment. The

study must evaluate:

(1) the current number of psychiatric beds available

at inpatient mental health facilities in this state that provide

inpatient psychiatric treatment, including a breakdown of beds

available:

(A) at inpatient mental health facilities that

are state hospitals operated by the commission;

(B) at inpatient mental health facilities

contracted with the commission;

(C) at inpatient mental health facilities not

contracted with the commission; and

(D) in each facility type described by Paragraphs

(A), (B), and (C) for patients:

(i) committed to a facility for competency

restoration services under Chapter 46B, Code of Criminal Procedure;

(ii) admitted to a facility under Chapter

573, Health and Safety Code;

(iii) committed to a facility under Chapter

574, Health and Safety Code;

(iv) voluntarily admitted to a facility

under Chapter 574, Health and Safety Code;

(v) committed to a facility after having

been found not guilty by reason of insanity under Chapter 46C, Code

of Criminal Procedure;

(vi) voluntarily admitted to a facility;

(vii) 18 years of age or older;

(viii) 13 years of age or older but younger

than 18 years of age;

(ix) 12 years of age or younger;

(x) receiving not less than 365 days of

mental health treatment in a facility; and

(xi) who have been diagnosed with an

intellectual or developmental disability;

(2) the total number of patients who received

inpatient psychiatric treatment between September 1, 2024, and

August 31, 2025, at inpatient mental health facilities in this

state, including private facilities, that provide that treatment,

including a breakdown of:

(A) the number of patients committed to a

facility for competency restoration services under Chapter 46B,

Code of Criminal Procedure, including the number of individuals

committed under an initial order of commitment or an order

extending the initial restoration period;

(B) the number of patients admitted to a facility

under Chapter 573, Health and Safety Code;

(C) the number of patients committed to a

facility under Chapter 574, Health and Safety Code;

(D) the number of patients voluntarily admitted

to a facility under Chapter 574, Health and Safety Code;

(E) the number of patients committed to a

facility after having been found not guilty by reason of insanity

under Chapter 46C, Code of Criminal Procedure;

(F) the number of patients voluntarily admitted

to a facility;

(G) the number of patients 18 years of age or

older;

(H) the number of patients 13 years of age or

older but younger than 18 years of age;

(I) the number of patients 12 years of age or

younger;

(J) the percentage of patients admitted to a

facility who require not less than 365 days of mental health

treatment in a facility;

(K) the number of patients who have been

diagnosed with an intellectual or developmental disability;

(L) the number of patients who have been admitted

two or more times to a facility; and

(M) the number of patients who reach the 190-day

limit of inpatient psychiatric treatment under the Medicare

program;

(3) the total number of incarcerated patients who

received inpatient psychiatric treatment between September 1,

2024, and August 31, 2025, through a jail diversion program while

incarcerated in this state;

(4) the feasibility of trauma service area regional

advisory councils to collect and report to the commission data on

the number of inpatient psychiatric beds available or occupied at

each hospital located in the geographic areas the trauma service

area regional advisory councils serve; and

(5) the need over the next 10 years of inpatient mental

health facilities that provide inpatient psychiatric treatment,

expressed as a range of the minimum and maximum amounts needed, for:

(A) additional inpatient psychiatric beds,

including needed beds that are funded or under construction, and

the percentage needed for patients who require not less than 365

days of treatment; and

(B) additional resources, including workforce

needs, necessary to meet the demands described by this subdivision.

(d) In designing and conducting the study, the commission

may collaborate with institutions of higher education, as defined

by Section 61.003, Education Code, in this state that award medical

degrees.

(e) Not later than December 1, 2026, the commission shall

prepare and submit to the legislature a written report containing

the results of the study and any recommendations for legislative or

other action.

(f) This section expires September 1, 2027.

SECTION 3. The Health and Human Services Commission is

required to implement a provision of this Act only if the

legislature appropriates money specifically for that purpose. If

the legislature does not appropriate money specifically for that

purpose, the commission may, but is not required to, implement a

provision of this Act using other money available for that purpose.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.