Comments to Senate HHSC on SB261

February 27, 2007

Members
Senate Health and Human Services Committee
Texas Senate
P.O. Box 12068 – Capitol Station
Austin, TX 78711

Dear Senators:

Senate Bill 261 is an important effort by Sen. Judith Zaffirini to ensure that individuals in need of acute mental health services get appropriate treatment when they are in custody. Too often, they sit in jails instead of receiving the mental and/or medical care they need.

Officers are faced with a terrible dilemma. If they take a person exhibiting behavioral disorders to a hospital emergency room, they cannot leave them. They must accompany the patient until the person is stabilized and a decision is made if the individual will remain in custody. During this wait, the officer is off the street, which is an inefficient use of critical law enforcement resources.

Treatment in emergency rooms often is delayed because individuals without serious medical problems – usually the uninsured – access the health care system at this fail-safe, but expensive juncture. Taking individuals with mental illness and no medical problems to hospital emergency departments also is an inefficient use of resources. Better ways to treat mental health patients and return officers quickly to the street are possible, based on the resources available within each community. Local mental health authorities are part of the solution.

Currently, conflicts arise between hospitals and law enforcement agencies, which often are financially responsible for the emergency treatment provided by the hospital. This legislation could be changed to help mitigate the potential conflict and ensure that those with mental health needs are treated promptly and properly. The solution could be to require local mental health authorities, law enforcement agencies and health care providers to execute agreements on how to treat mentally ill patients in custody. Such a requirement would encourage communities to explore the best local option(s) to treat individuals in need of mental health services who have been detained by law enforcement.

Requiring coordination among mental health authorities, health care providers and law enforcement – including the execution of formal agreements – would ensure that mental health patients receive appropriate care in a timely manner.

Texas hospitals look forward to working with the committee to improve the state’s mental health system.

Sincerely,