Bill Text: MI HB5619 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Mental health; community mental health; priority status for providing mental health services; modify. Amends secs. 116 & 208 of 1974 PA 258 (MCL 330.1116 & 330.1208).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-22 - Bill Electronically Reproduced 02/21/2018 [HB5619 Detail]

Download: Michigan-2017-HB5619-Introduced.html

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HOUSE BILL No. 5619

 

 

February 21, 2018, Introduced by Rep. Kosowski and referred to the Committee on Health Policy.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending sections 116 and 208 (MCL 330.1116 and 330.1208),

 

section 116 as amended by 1998 PA 67 and section 208 as amended by

 

2012 PA 500.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 116. (1) Consistent with section 51 of article IV of the

 

state constitution of 1963, which declares that the health of the

 

people of the state is a matter of primary public concern, and as

 

required by section 8 of article VIII of the state constitution of

 

1963, which declares that services for the care, treatment,

 

education, or rehabilitation of those who are seriously mentally

 

disabled shall always be fostered and supported, the department

shall continually and diligently endeavor to ensure that adequate

 

and appropriate mental health services are available to all

 

citizens throughout the state. To this end, the department shall

 

have has the general powers and duties described in this section.

 

     (2) The department shall do all of the following:

 

     (a) Direct services to individuals who have a serious mental

 

illness, developmental disability, or serious emotional

 

disturbance. The department shall give priority to any of the

 

following: services:

 

     (i) Services for individuals with a diagnosis of

 

schizophrenia, schizoaffective disorder, bipolar disorder, major

 

depression, obsessive compulsive disorder, delusional disorder,

 

psychotic disorder not attributable to general medical condition,

 

or borderline personality disorder, including any of the preceding

 

co-occurring with substance use disorder.

 

     (ii) Services for individuals with a serious mental illness or

 

serious emotional disturbance whose level of functioning is

 

determined to be severely impaired based on a department-approved

 

instrument for measuring severity of condition.

 

     (iii) (i) Services for individuals with the most severe forms

 

of serious mental illness, serious emotional disturbance, or

 

developmental disability.

 

     (iv) (ii) Services for individuals with serious mental

 

illness, serious emotional disturbance, or developmental disability

 

who are in urgent or emergency situations.

 

     (v) Services for children who require any level of mental

 

health treatment and who are placed by the department into

residential foster care. As used in this subdivision, "residential

 

foster care" means a child caring institution or a private home as

 

those terms are defined in section 1 of 1973 PA 116, MCL 722.111.

 

     (b) Administer the provisions of chapter 2 so as to promote

 

and maintain an adequate and appropriate system of community mental

 

health services programs throughout the state. In the

 

administration of chapter 2, it shall be the department's objective

 

of the department is to shift primary responsibility for the direct

 

delivery of public mental health services from the state to a

 

community mental health services program whenever the community

 

mental health services program has demonstrated a willingness and

 

capacity to provide an adequate and appropriate system of mental

 

health services for the citizens of that service area.

 

     (c) Engage in planning for the purpose of identifying,

 

assessing, and enunciating the mental health needs of the state.

 

     (d) Submit to the members of the house and senate standing

 

committees and appropriation subcommittees with legislative

 

oversight of mental health matters an annual report summarizing its

 

assessment of the mental health needs of the state and

 

incorporating information received from community mental health

 

services programs under section 226. The report shall must include

 

an estimate of the cost of meeting all identified needs. Additional

 

information shall must be made available to the legislature upon

 

request.

 

     (e) Endeavor to develop and establish arrangements and

 

procedures for the effective coordination and integration of all

 

public mental health services, and for effective cooperation

between public and nonpublic services, for the purpose of providing

 

a unified system of statewide mental health care.

 

     (f) Review and evaluate the relevance, quality, effectiveness,

 

and efficiency of mental health services being provided by the

 

department and assure ensure the review and evaluation of mental

 

health services provided by community mental health services

 

programs. The department shall establish and implement a structured

 

system to provide data necessary for the reviews and evaluations.

 

     (g) Implement those provisions of law under which it is

 

responsible for the licensing or certification of mental health

 

facilities or services.

 

     (h) Establish standards of training and experience for

 

executive directors of community mental health services programs.

 

     (i) Support research activities.

 

     (j) Support evaluation and quality improvement activities.

 

     (k) Support training, consultation, and technical assistance

 

regarding mental health programs and services and appropriate

 

prevention and mental health promotion activities, including those

 

that are culturally sensitive, to employees of the department,

 

community mental health services programs, and other nonprofit

 

agencies providing mental health services under contract with

 

community mental health services programs.

 

     (l) Support multicultural services.

 

     (3) The department may do all of the following:

 

     (a) Direct services to individuals who have mental disorders

 

that meet diagnostic criteria specified in the most recent

 

diagnostic and statistical manual of mental health disorders

published by the American psychiatric association Psychiatric

 

Association and approved by the department and to the prevention of

 

mental disability and the promotion of mental health. Resources

 

that have been specifically appropriated for services to

 

individuals with dementia, alcoholism, or substance abuse, use

 

disorder, or for the prevention of mental disability and the

 

promotion of mental health shall be utilized for those specific

 

purposes.

 

     (b) Provide, on a residential or nonresidential basis, any

 

type of patient or client service including but not limited to

 

prevention, diagnosis, treatment, care, education, training, and

 

rehabilitation.

 

     (c) Operate mental health programs or facilities directly or

 

through contractual arrangement.

 

     (d) Institute pilot projects considered appropriate by the

 

director to test new models and concepts in service delivery or

 

mental health administration. Pilot projects may include, but need

 

are not be limited to, both of the following:

 

     (i) Issuance of a voucher to a recipient of public mental

 

health services in accordance with the recipient's individual plan

 

of services and guidelines developed by the department.

 

     (ii) Establishment of revolving loans to assist recipients of

 

public mental health services to acquire or maintain affordable

 

housing. Funding under this subparagraph shall only be provided

 

through an agreement with a nonprofit fiduciary in accordance with

 

guidelines and procedures developed by the department related to

 

the use, issuance, and accountability of revolving loans used for

recipient housing.

 

     (e) Enter into an agreement, contract, or arrangement with any

 

individual or public or nonpublic entity that is necessary or

 

appropriate to fulfill those duties or exercise those powers that

 

have by statute been given to the department.

 

     (f) Accept gifts, grants, bequests, and other donations for

 

use in performing its functions. Any money or property accepted

 

shall be used as directed by its donor and in accordance with law

 

and the rules and procedures of the department.

 

     (g) The department has any other power necessary or

 

appropriate to fulfill those duties and exercise those powers that

 

have been given to the department by law and that are not otherwise

 

prohibited by law.

 

     Sec. 208. (1) Services provided by a community mental health

 

services program shall be directed to individuals who have a

 

serious mental illness, serious emotional disturbance, or

 

developmental disability.

 

     (2) Services may be directed to individuals who have other

 

mental disorders that meet criteria specified in the most recent

 

diagnostic and statistical manual of mental health disorders

 

published by the American psychiatric association Psychiatric

 

Association and may also be directed to the prevention of mental

 

disability and the promotion of mental health. Resources that have

 

been specifically designated to community mental health services

 

programs for services to individuals with dementia, alcoholism, or

 

substance use disorder or for the prevention of mental disability

 

and the promotion of mental health shall must be utilized for those

specific purposes.

 

     (3) Priority shall be given to the provision of for providing

 

services to individuals in any of the following categories:

 

     (a) Individuals with a diagnosis of schizophrenia,

 

schizoaffective disorder, bipolar disorder, major depression,

 

obsessive compulsive disorder, delusional disorder, psychotic

 

disorder not attributable to general medical condition, or

 

borderline personality disorder, including any of the preceding co-

 

occurring with substance use disorder.

 

     (b) Individuals with a serious mental illness or serious

 

emotional disturbance whose level of functioning is determined to

 

be severely impaired based on a department-approved instrument for

 

measuring severity of condition.

 

     (c) Individuals with the most severe forms of serious mental

 

illness, serious emotional disturbance, and developmental

 

disability. Priority shall also be given to the provision of

 

services to individuals

 

     (d) Individuals with a serious mental illness, serious

 

emotional disturbance, or developmental disability who are in

 

urgent or emergency situations.

 

     (e) Children who require any level of mental health treatment

 

and who are placed by the department into residential foster care.

 

As used in this subdivision, "residential foster care" means a

 

child caring institution or a private home as those terms are

 

defined in section 1 of 1973 PA 116, MCL 722.111.

 

     (4) An individual shall not be denied a service because an

 

individual who is financially liable is unable to pay for the

service.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.