Executive Order RP45 - June 17, 2005

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
June 17, 2005

WHEREAS, The State of Texas is committed to providing the most effective mental health, chemical dependency and mental retardation services to the vulnerable Texans and their families who are eligible for these services; and

WHEREAS, it is imperative that consumers and their families have a choice from among the broadest range of services available so that these consumers have the opportunity to enjoy full lives of independence, productivity and self-determination; and

WHEREAS, it is imperative to ensure that the safety net of behavioral health services and services to persons who have mental retardation be strengthened and maintained, so that if a private provider of services does not operate effectively, then the services will continue to be available; and

WHEREAS, it is imperative to ensure that services to persons in rural and urban areas continue to be available; and

WHEREAS, it is imperative to ensure that input from both local leaders and local stakeholders be included in the continued development of the system of services for persons with mental illness, chemical dependency and persons with mental retardation; and

WHEREAS, it is imperative to ensure that the implementation of the provider of last resort provisions does not divert current funds away from the provision of services to administrative functions, and that any plan be implemented on a responsible timeline; and

WHEREAS, this action is in concert with previous Executive Orders which require the state's system of services for individuals with disabilities be comprehensive, community based, and provide for the broadest range of supports to most effectively meet their needs;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:

Implementation Plan. The Texas Health and Human Services Commission ("HHSC") shall continue the implementation of Section 533.035 (e) through (g) of the Health and Safety Code as it relates to the requirement that community mental health and mental retardation authorities operate as providers of last resort. This process shall result in an implementation plan, developed through a negotiated rulemaking process that includes all relevant stakeholders. The plan shall ensure the following:

Protecting Consumer Choice. Current laws protecting the consumer's choice of provider shall be prioritized and upheld, regardless of any imposed limitations developed within the plan;

Protecting the Safety Net. The plan shall ensure that mental health and mental retardation authorities maintain sufficient infrastructure which reflects the needs of local communities in order to maintain a safety net which ensures that services continue to be available.

Recognizing of Local Differences. The plan shall accommodate the differences within local service delivery areas, so that the difference between rural and urban resources is recognized in the determination of a reasonable attempt to ensure the appropriate availability of a provider network.

Responsible timelines. HHSC will develop a timeline which is responsive to:

• the need for ensuring no disruption, to consumers, of their current service provision,
• the local communities readiness, and
• the required need for a safety net.

Protection of Service Funds. The HHSC implementation plan will ensure that funds directed for service delivery are not diverted for administrative purposes.

Mental Health Services. The executive commissioner of HHSC shall immediately request clarification from the Office of the Attorney General as to the applicability of Section 533.035 (e) through (g) of the Health and Safety Code to the provision of mental health services.

This executive order supersedes all previous orders in conflict or inconsistent with its terms and shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 17th day of June, 2005.

RICK PERRY
Governor

ATTESTED BY:
ROGER WILLIAMS
Secretary of State