Bill Text: HI SB564 | 2019 | Regular Session | Introduced

Hawaii Senate Bill 564 (Prior Session Legislation)

Introduced

Bill Title: Relating To Homeless Individuals With Severe Mental Illness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-01-24 - Referred to HMS/CPH, WAM. [SB564 Detail]

Download: Hawaii-2019-SB564-Introduced.html

THE SENATE	S.B. NO.	564
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to homeless individuals with severe mental illnesS.

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

SECTION 1. The legislature finds that the State has a gap in services for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who lack decisional capacity, and that these individuals often cycle between homelessness, emergency room treatment, incarceration, and hospitalization. Individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who lack decisional capacity typically become chronically homeless and further burden the health care system through excessive use of expensive emergency medical services, inpatient treatment, crisis services, arrests, and adjudication. Due to their mental illness, these individuals routinely reject offered services and remain on the street, putting themselves at risk of further injury and creating a significant burden on the communities where they reside.

The purpose of this Act is to require the department of human services, in consultation with the department of health, to establish a three-year pilot project to procure the services of a service provider to operate a shelter and provide mental health treatment for primarily homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered assisted community treatment or court-ordered guardianship, and, secondarily, for homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment.

SECTION 2. (a) Pursuant to chapter 103D or 103F, Hawaii Revised Statutes, the department of human services, in consultation with the department of health, shall establish a three-year pilot project to procure the services of a service provider, referred to hereinafter as the designated service provider, to operate a shelter and provide or facilitate mental health treatment for a limited number of homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered assisted community treatment or court-ordered guardianship, and homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment, with the goal of rehabilitating and transitioning these individuals to a group home within twelve weeks.

(b) Prior to the establishment of and during the pilot project:

(1) The adult protective and community services branch of the department of human services shall petition the family court for court-ordered assisted community treatment or court-ordered guardianship for a homeless individual with severe mental illness or severe co-occurring mental illness and substance use disorders, or for a homeless individual who is a mentally ill, frequent user of emergency medical services in early stages of initial treatment, where appropriate; provided that in the case of public guardianship of the homeless individual pursuant to chapter 551A, Hawaii Revised Statutes, the adult protective and community services branch shall be responsible for providing all information and records, and filing all documents and forms, as may be necessary to effectuate public guardianship under this paragraph; or

(2) A licensed physician or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization employed by the designated service provider shall petition the family court for court-ordered assisted community treatment for a homeless individual with severe mental illness or severe co-occurring mental illness and substance use disorders, or for a homeless individual who is mentally ill, frequent user of emergency medical services in early stages of initial treatment;

provided that the individual's court-ordered treatment states that it is in the individual's best interest to enroll in a mental health treatment program, such as the pilot project established in this Act.

Under court-ordered assisted community treatment or court-ordered guardianship within the pilot project and notwithstanding any other law to the contrary, a licensed physician or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization may refer the homeless individual into the shelter to receive mental health treatment, including over the individual's objection and with the guardian's consent, at the shelter for a designated period of time or until the individual is sufficiently rehabilitated to be able to transition to a group home.

(c) No more than eight homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders, or homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment, may receive shelter and mental health treatment at the facility at any given time.

(d) The pilot project shall end on June 30, 2022. The department of human services, in consultation with the governor's coordinator on homelessness, shall submit to the legislature:

(1) An interim report no later than twenty days prior to the convening of the regular session of 2022 detailing findings and recommendations regarding the pilot project, including findings regarding the pilot project's contribution to successfully transitioning homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders, and homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment to permanent housing, challenges or failures of the pilot project, and any proposed legislation; and

(2) A final report no later than twenty days prior to the convening of the regular session of 2023.

(e) The department of human services shall enter a memorandum of understanding with the department of health and the designated service provider in providing shelter and mental health treatment to homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders subject to court-ordered assisted community treatment or court-ordered guardianship, and to homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment.

(f) The designated service provider shall identify and locate a suitable, unused facility in which to provide shelter and mental health treatment services and shall make any necessary changes to the facility to serve homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders, and homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment; provided that the facility shall be approved by the department of health prior to establishment of the pilot project.

(g) The department of human services and the designated service provider shall provide the governor's office and the department of health with access to all data from the pilot project. The governor's office shall ensure that data from the pilot project is entered into the United States Department of Housing and Urban Development's Homeless Management Information System.

(h) The department of human services may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate this Act.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $600,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to establish a pilot project to operate a shelter, including the hiring of a social worker and social service assistant to provide twenty-four-hour, seven-days-a-week assistance for the shelter and one 0.5 full-time equivalent (0.5 FTE) staff position in the office of the public guardian; leasing of a facility for the shelter; and administrative expenses, including fees and costs for the designated service provider to obtain court-ordered assisted community treatment or court-ordered guardianship to provide shelter and mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders, and for homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment, pursuant to this Act; provided that the department of human services may procure mental health services and any other services necessary to achieve the goals of the pilot project described in section 2 of this Act.

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2019.

INTRODUCED BY:	_____________________________

Report Title:

Individuals with Severe Mental Illness; Homeless; Facility; Pilot Program; Appropriation

Description:

Requires the department of human services, in consultation with the department of health, to establish a three year pilot project to procure services from a designated service provider to operate a facility to provide shelter and mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered assisted community treatment or court-ordered guardianship, and for homeless individuals who are mentally ill, frequent users of emergency medical services in early stages of initial treatment. Specifies requirements when petitioning the family court for court-ordered assisted community treatment or guardianship. Specifies requirements for the pilot project. Requires reports to the legislature, a memorandum of understanding, and submission of data about the pilot project. Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.