Bill Text: MI HB4713 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Disabilities; deaf, deafblind, hard of hearing; division on behavioral health for deaf, deafblind, and hard of hearing; create. Creates new act. TIE BAR WITH: HB 4714'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-08 - Bill Electronically Reproduced 06/07/2017 [HB4713 Detail]
Download: Michigan-2017-HB4713-Introduced.html
HOUSE BILL No. 4713
June 7, 2017, Introduced by Reps. Phelps, Howrylak, Neeley, Lucido, Schor, Scott, Brinks, Greig, Sneller, Jones, Guerra, Camilleri, Durhal, Calley, Faris, Clemente, Ellison, Greimel, Chang, Hammoud, Rabhi, Elder, Sowerby, Green, Pagan, Garrett, Singh, Lasinski, Moss, Dianda, Gay-Dagnogo, VanderWall, Kosowski, Zemke and Love and referred to the Committee on Health Policy.
A bill to establish the division on behavioral health for
deaf, deafblind, and hard of hearing within the department of
health and human services; to prescribe the powers and duties of
the department, the division, and certain state officers; to
require the promulgation of rules; to establish a fund and provide
for expenditures from that fund; and to provide for an
appropriation.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"division on behavioral health for deaf, deafblind, and hard of
hearing act".
Sec. 2. As used in this act:
(a) "Behavioral health" means the prevention and treatment of
mental illness and substance use disorder.
(b) "Commission" means the commission on behavioral health for
deaf, deafblind, and hard of hearing established in section 3 of
the commission on behavioral health for deaf, deafblind, and hard
of hearing act.
(c) "Deaf person" means a person who is not able to process
information aurally, with or without amplification, whose primary
means of communication is visual, and whose primary means of
receiving spoken language is through other sensory input,
including, but not limited to, lip reading, sign language,
fingerspelling, or reading.
(d) "Deafblind person" means a person who has a combination of
hearing loss and vision loss, and that combination necessitates
specialized interpretation of spoken and written information in a
manner appropriate to each person's dual sensory loss.
(e) "Department" means the department of health and human
services.
(f) "Division" means the division on behavioral health for
deaf, deafblind, and hard of hearing established in section 3.
(g) "Fluent in American sign language" means having been
assessed at the American sign language proficiency interview level
4 or higher or an equivalent proficiency level.
(h) "Hard of hearing person" means a person who has hearing
loss ranging from mild to profound. Hard of hearing person includes
a person who uses his or her residual hearing, hearing aid,
cochlear implant, hearing assistive technology, communication
access realtime translation (CART), speech reading, and other
communication strategies and remain in the hearing world.
(i) "Qualified sign language interpreter" means a qualified
interpreter as set forth in R 393.5028 of the Michigan
Administrative Code.
Sec. 3. (1) The division on behavioral health for deaf,
deafblind, and hard of hearing is established within the
department. The purpose of the division is to protect and assist on
behavioral health matters for deaf, deafblind, and hard of hearing
persons.
(2) The division shall be supervised by a division director
who shall be appointed by the department director and shall report
to the director of the department's behavioral health and
developmental disabilities administration. The division director
shall be a member of the classified state civil service, hold not
less than a master's degree in a human services-related field, be
fluent in American sign language, have the certification of hearing
loss support specialist training or equivalent, have the ability to
communicate in various ways with deaf, deafblind, and hard of
hearing persons, and be knowledgeable in behavioral health issues.
Sec. 4. (1) Under the supervision of the department, the
division shall do all of the following:
(a) Advocate for deaf, deafblind, and hard of hearing persons
in their receipt of behavioral health services.
(b) Work closely with all public and privately funded
organizations that provide behavioral health services to deaf,
deafblind, and hard of hearing persons.
(c) Ensure practitioners who provide behavioral health
services to deaf, deafblind, and hard of hearing persons improve
the quality and coordination of their delivery systems.
(d) Provide information on deafness and hard of hearing
identity to deaf, deafblind, and hard of hearing persons and
providers of behavioral health services.
(e) Provide information and referral services to deaf,
deafblind, and hard of hearing persons to ensure that their rights
are protected while receiving behavioral health services in this
state.
(f) Provide information to deaf, deafblind, and hard of
hearing persons on behavioral health programs and services
available to them.
(g) Promote new behavioral health services, when necessary,
for deaf, deafblind, and hard of hearing persons.
(h) Sponsor or cosponsor conferences, workshops, or seminars
to educate deaf, deafblind, and hard of hearing persons and the
public about behavioral health issues affecting deaf, deafblind,
and hard of hearing persons.
(i) Maintain statistics, facts, and data pertaining to
behavioral health issues affecting deaf, deafblind, and hard of
hearing persons of all ages and degrees of hearing loss.
(j) Provide technical assistance to behavioral health service
providers regarding communication accessibility on behavioral
health services for deaf, deafblind, and hard of hearing persons.
(k) Through the direction of the commission, ensure that deaf,
deafblind, or hard of hearing persons have access to audiologically
specific, culturally and linguistically appropriate services, and
reasonable accommodations, including, but not limited to, direct
professional services provided by individuals fluent in sign
language, qualified sign language interpreters, assistive listening
devices, communication access realtime translation (CART), support
service providers (SSP), and transportation assistance for deaf,
deafblind, or hard of hearing persons, as needed and as preferred
by the deaf, deafblind, or hard of hearing person to access
behavioral health services, substance use disorder services, health
services, and human services.
(2) The division may assess reasonable fees for conferences
sponsored or cosponsored by the division, the use of materials
developed by the division, and services provided by the division.
Sec. 5. The division may solicit and accept gifts, grants, or
other aid from any source, whether public or private.
Sec. 6. (1) The division on behavioral health for deaf,
deafblind, and hard of hearing wellness fund is created within the
state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for implementation and administration of this
act.
Sec. 7. The department shall promulgate, as necessary, rules
to implement this act according to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 8. The legislature annually shall appropriate a sum
sufficient to implement this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 4714 (request no. 00607'17) of
the 99th Legislature is enacted into law.
