Bill Caption

Relating to a voluntary quality standards certification process for certain private residential psychiatric treatment facilities that provide treatments and services to youth; imposing fees; authorizing civil and administrative penalties. 

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB 3121, As Engrossed: a NEGATIVE impact of ($4,630,637) through the biennium ending August 31, 2023. 

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. 

Bill Analysis

HB 3121 would require the Health and Human Services Commission to develop and implement a voluntary quality standards certification process to certify that a psychiatric residential youth treatment facility meets certain standards. In order to obtain this certification an applicant would have to submit an application with a fee. Such a certification would expire the second anniversary of the date it was issued. 

The commission would be required to renew the certificate if the certificate holder submits a fee; and if the inspection and investigation of the facility meets the minimum requirements of the commission. The commission would be required to conduct this inspection not later than the first anniversary of the date the certificate is issued or renewed to ensure that the facility remains in compliance. 

HB 3121 would then require the Executive Commissioner of the Health and Human Services Commission to establish minimum standards for the certification of psychiatric residential youth treatment facilities. These minimum standards would have to require facilities to obtain accreditation; and provide and prescribe guidelines for the provision certain activities, treatments, and services. 

HB 3121 would prevent a certified facility from admitting or providing treatment for services unless the individual receiving services: is 21 years of age or younger; has a diagnosis with a severe emotional disturbance; requires residential psychiatric treatment; and was referred for treatments or services by a licensed mental health professional. Violations would result in a civil penalty or administrative penalty. 

HB 3121 would would not apply to a mental hospital or a licensed private mental hospital or other mental health facility. In addition the chapter would not affect any licensing or other requirements of a psychiatric residential youth treatment facility. 

The house introduced an amendment to refer to this bill as Alec's Law. 

Vote Recommendation Notes

Texas Action opposes HB 3121 which violates our free market and limited government principles. There is no need for the state to create a voluntary certification process. The facilities to which this certificate would pertain may form an association (if one does not already exist) to create their own certification program at no cost to the public. Many types of industries have their own certification systems which help ensure quality and provide the public with a means to evaluate the qualifications of a service provider.