Bill Text: MI HB5832 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Mental health: facilities; crisis stabilization units; create. Amends secs. 100a, 100b, 161, 409 & 439 of 1074 PA 258 (MCL 330.1100a et seq.) & adds ch. 9A.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2020-12-31 - Assigned Pa 402'20 [HB5832 Detail]
Download: Michigan-2019-HB5832-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Whiteford, Brann and Kahle
ENROLLED HOUSE BILL No. 5832
AN ACT to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending sections 100a, 100b, 161, 409, and 439 (MCL 330.1100a, 330.1100b, 330.1161, 330.1409, and 330.1439), section 100a as amended by 2018 PA 595, section 100b as amended by 2020 PA 55, section 161 as amended by 2012 PA 500, section 409 as amended by 2018 PA 593, and section 439 as added by 1986 PA 118, and by adding sections 273a, 273b, 971, 972, 973, 974, 975, 976, 977, 978, and 979.
The People of the State of Michigan enact:
Sec. 100a. (1) “Abilities”
means the qualities, skills, and competencies of an individual that reflect the
individual’s talents and acquired proficiencies.
(2) “Abuse” means
nonaccidental physical or emotional harm to a recipient, or sexual contact with
or sexual penetration of a recipient as those terms are defined in section 520a
of the Michigan penal code, 1931 PA 328, MCL 750.520a, that is committed by an
employee or volunteer of the department, a community mental health services
program, or a licensed hospital or by an employee or volunteer of a service
provider under contract with the department, community mental health services
program, or licensed hospital.
(3) “Adaptive
skills” means skills in 1 or more of the following areas:
(a)
Communication.
(b) Self-care.
(c) Home living.
(d) Social
skills.
(e) Community
use.
(f) Self-direction.
(g) Health and
safety.
(h) Functional
academics.
(i) Leisure.
(j) Work.
(4) “Adult foster care facility” means an adult foster care
facility licensed under the adult foster care facility licensing act, 1979 PA
218, MCL 400.701 to 400.737.
(5) “Alcohol and drug abuse counseling” means the act of
counseling, modification of substance use disorder related behavior, and prevention techniques for individuals
with substance use disorder, their significant others, and individuals who
could potentially develop a substance use disorder.
(6) “Applicant” means an individual or his or her legal
representative who makes a request for mental health services.
(7) “Approved service program” means a substance use disorder
services program licensed under part 62 of the public health code, 1978 PA 368,
MCL 333.6230 to 333.6251, to provide substance use disorder treatment and
rehabilitation services by the department-designated community mental health
entity and approved by the federal government to deliver a service or
combination of services for the treatment of incapacitated individuals.
(8) “Assisted outpatient treatment” or “AOT” means the
categories of outpatient services ordered by the court under section 468 or
469a. Assisted outpatient treatment may include a case management plan and case
management services to provide care coordination under the supervision of a
psychiatrist and developed in accordance with person-centered planning under
section 712. Assisted outpatient treatment may also include 1 or more of the
following categories of services: medication; periodic blood tests or
urinalysis to determine compliance with prescribed medications; individual or
group therapy; day or partial day programming activities; vocational,
educational, or self-help training or activities; assertive community treatment
team services; alcohol or substance use disorder treatment and counseling and
periodic tests for the presence of alcohol or illegal drugs for an individual
with a history of alcohol abuse or substance use disorder; supervision of
living arrangements; and any other services within a local or unified services
plan developed under this act that are prescribed to
treat the individual’s mental illness and to assist the individual in living
and functioning in the community or to attempt to prevent a relapse or
deterioration that may reasonably be predicted to result in suicide, the need
for hospitalization, or serious violent behavior. The medical review and
direction included in an assisted outpatient treatment plan shall be provided
under the supervision of a psychiatrist.
(9) “Board” means the governing body of a community mental
health services program.
(10) “Board of commissioners” means a county board of
commissioners.
(11) “Center” means a facility operated by the department to
admit individuals with developmental disabilities and provide habilitation and
treatment services.
(12) “Certification” means formal approval of a program by
the department in accordance with standards developed or approved by the department.
(13) “Child abuse” and “child neglect” mean those terms as
defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.
(14) “Child and adolescent psychiatrist” means 1 or more of
the following:
(a) A physician who has completed a residency program in
child and adolescent psychiatry approved by the Accreditation Council for
Graduate Medical Education or the American Osteopathic Association, or who has
completed 12 months of child and adolescent psychiatric rotation and is
enrolled in an approved residency program as described in this subsection.
(b) A psychiatrist employed by or under contract as a child and adolescent psychiatrist with the department or a
community mental health services program on March 28, 1996, who has education
and clinical experience in the evaluation and treatment of children or
adolescents with serious emotional disturbance.
(c) A psychiatrist who has education and clinical experience
in the evaluation and treatment of children or adolescents with serious
emotional disturbance who is approved by the director.
(15) “Children’s diagnostic and treatment service” means a
program operated by or under contract with a community mental health services
program, that provides examination, evaluation, and referrals for minors,
including emergency referrals, that provides or facilitates treatment for
minors, and that has been certified by the department.
(16) “Community mental health authority” means a separate
legal public governmental entity created under section 205 to operate as a
community mental health services program.
(17) “Community mental health organization” means a community
mental health services program that is organized under the urban cooperation
act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(18) “Community mental health services program” means a
program operated under chapter 2 as a county community mental health agency, a
community mental health authority, or a community mental health organization.
(19) “Consent” means a written agreement executed by a
recipient, a minor recipient’s parent, a recipient’s legal representative with
authority to execute a consent, or a full or limited guardian authorized under
the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,
with the authority to consent, or a verbal agreement
of a recipient that is witnessed and documented by an individual other than the
individual providing treatment.
(20) “County community mental health agency” means an
official county or multicounty agency created under section 210 that operates
as a community mental health services program and that has not elected to
become a community mental health authority or a community mental health
organization.
(21) “Crisis stabilization unit” means a prescreening unit established under section 409 or a facility certified under chapter 9A that provides unscheduled clinical services designed to prevent or ameliorate a behavioral health crisis or reduce acute symptoms on an immediate, intensive, and time-limited basis in response to a crisis situation.
(22) “Department” means the department of health and human
services.
(23) “Department-designated community mental health entity” means
the community mental health authority, community mental health organization,
community mental health services program, county community mental health
agency, or community mental health regional entity designated by the department
to represent a region of community mental health authorities, community mental
health organizations, community mental health services programs, or county
community mental health agencies.
(24) “Dependent living setting” means all of the following:
(a) An adult foster care facility.
(b) A nursing home licensed under
part 217 of the public health code, 1978 PA 368, MCL 333.21701 to 333.21799e.
(c) A home for the aged licensed under part 213 of the public
health code, 1978 PA 368, MCL 333.21301 to 333.21335.
(25) “Designated representative” means any of the following:
(a) A registered nurse or licensed practical nurse licensed
or otherwise authorized under part 172 of the public health code, 1978 PA 368,
MCL 333.17201 to 333.17242.
(b) A paramedic licensed or otherwise authorized under part
209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979.
(c) A physician’s assistant licensed or otherwise authorized
under part 170 or 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097
and
333.17501 to 333.17556.
(d) An individual qualified by education, training, and
experience who performs acts, tasks, or functions under the supervision of a
physician.
(26) “Developmental disability” means either of the following:
(a) If applied to an individual older than 5 years of age, a
severe, chronic condition that meets all of the following requirements:
(i) Is attributable to a
mental or physical impairment or a combination of mental and physical
impairments.
(ii) Is manifested before the individual is 22 years old.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in 3 or more
of the following areas of major life activity:
(B) Receptive and
expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for
independent living.
(G) Economic
self-sufficiency.
(v) Reflects the individual’s need for a combination and
sequence of special, interdisciplinary, or generic care, treatment, or other
services that are of lifelong or extended duration and are individually planned
and coordinated.
(b) If applied to a
minor from birth to 5 years of age, a substantial developmental delay or a
specific congenital or acquired condition with a high probability of resulting
in developmental disability as defined in subdivision (a) if services are not
provided.
(27) “Director” means the
director of the department or his or her designee.
(28) “Discharge” means an
absolute, unconditional release of an individual from a facility by action of
the facility or a court.
(29)
“Eligible minor” means an individual less than 18 years of
age who is recommended in the written report of a multidisciplinary team under
rules promulgated by the department of education to be classified as 1 of the
following:
(a) Severely mentally impaired.
(b) Severely multiply impaired.
(c) Autistic impaired and receiving special education
services in a program designed for the autistic impaired under R 340.1758 of
the Michigan Administrative Code or in a program designed for the severely
mentally impaired or severely multiply impaired.
(30)
“Emergency situation” means a situation in which an
individual is experiencing a serious mental illness or a developmental
disability, or a minor is experiencing a serious emotional disturbance, and 1
of the following applies:
(a) The individual can reasonably be expected within the near
future to physically injure himself, herself, or another individual, either
intentionally or unintentionally.
(b) The individual is unable to provide himself or herself
food, clothing, or shelter or to attend to basic physical activities such as
eating, toileting, bathing, grooming, dressing, or ambulating, and this
inability may lead in the near future to harm to the individual or to another
individual.
(c) The individual has mental illness that has impaired his
or her judgment so that the individual is unable to understand his or her need
for treatment and presents a risk of harm.
(31)
“Executive director” means an individual appointed under
section 226 to direct a community mental health services program or his or her
designee.
Sec. 100b. (1) Except as otherwise provided
in this subsection, “facility” means a residential facility for the care or treatment of
individuals with serious mental illness, serious emotional disturbance, or
developmental disability that is either a state facility or a licensed
facility. Facility includes a preadmission screening unit established
under section 409 that is operating a crisis stabilization unit.
(2) “Family” as
used in sections 156 to 161 means an eligible minor and his or her parent or
legal guardian.
(3) “Family
member” means a parent, stepparent, spouse, sibling, child, or grandparent of a
primary consumer, or an individual upon whom a primary consumer is dependent
for at least 50% of his or her financial support.
(4) “Federal
funds” means funds received from the federal government under a categorical
grant or similar program and does not include federal funds received under a
revenue sharing arrangement.
(5) “Functional
impairment” means both of the following:
(a) With regard
to serious emotional disturbance, substantial interference with or limitation
of a minor’s achievement or maintenance of 1 or more developmentally
appropriate social, behavioral, cognitive, communicative, or adaptive skills.
(b) With regard
to serious mental illness, substantial interference or limitation of role
functioning in 1 or more major life activities including basic living skills
such as eating, bathing, and dressing; instrumental living skills such as
maintaining a household, managing money, getting around the community, and taking
prescribed medication; and functioning in social, vocational, and educational
contexts.
(6) “Guardian”
means a person appointed by the court to exercise specific powers over an
individual who is a minor, legally incapacitated, or developmentally disabled.
(7) “Hospital” or
“psychiatric hospital” means an inpatient program operated by the department
for the treatment of individuals with serious mental illness or serious
emotional disturbance or a psychiatric hospital or psychiatric unit licensed
under section 137.
(8) “Hospital
director” means the chief administrative officer of a hospital or his or her
designee.
(9) “Hospitalization”
or “hospitalize” means to provide treatment for an individual as an inpatient
in a hospital.
(10) “Incapacitated”
means that an individual, as a result of the use of alcohol or other drugs, is
unconscious or has his or her mental or physical functioning so impaired that
he or she either poses an immediate and substantial danger to his or her own
health and safety or is endangering the health and safety of the public.
(11) “Individual
plan of services” or “plan of services” means a written individual plan of
services developed with a recipient as required by section 712.
(12) “Individual
representative” means a recipient’s legal guardian, minor recipient’s parent,
or other person authorized by law to represent the recipient in decision-making
related to the recipient’s services and supports.
(13) “Intellectual
disability” means a condition manifesting before the age of 18 years that is
characterized by significantly subaverage intellectual functioning and related
limitations in 2 or more adaptive skills and that is diagnosed based on the
following assumptions:
(a) Valid
assessment considers cultural and linguistic diversity, as well as differences
in communication and behavioral factors.
(b) The existence
of limitation in adaptive skills occurs within the context of community
environments typical of the individual’s age peers and is indexed to the
individual’s particular needs for support.
(c) Specific
adaptive skill limitations often coexist with strengths in other adaptive
skills or other personal capabilities.
(d) With
appropriate supports over a sustained period, the life functioning of the
individual with an intellectual disability will generally improve.
(14) “Licensed
facility” means a facility licensed by the department under section 137 or an
adult foster care facility.
(15) “Licensed
psychologist” means a doctoral level psychologist licensed under section 18223(1)
of the public health code, 1978 PA 368, MCL 333.18223.
(16) “Mediation” means a confidential process in which a neutral third party facilitates communication between parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable resolution. A mediator does not have authoritative decision-making power.
(17) “Medicaid” means the program of medical assistance established under section 105 of the social welfare act, 1939 PA 280, MCL 400.105.
(18)
“Medical director”
means a psychiatrist appointed under section 231 to advise the executive
director of a community mental health services program.
(19)
“Mental
health professional” means an individual who is trained and experienced in the
area of mental illness or developmental disabilities and who is 1 of the
following:
(a) A physician.
(b) A
psychologist.
(c) A registered
professional nurse licensed or otherwise authorized to engage in the practice
of nursing under part 172 of the public health code, 1978 PA 368, MCL 333.17201
to 333.17242.
(d) A licensed
master’s social worker licensed or otherwise authorized to engage in the
practice of social work at the master’s level under part 185 of the public
health code, 1978 PA 368, MCL 333.18501 to 333.18518.
(e) A licensed
professional counselor licensed or otherwise authorized to engage in the
practice of counseling under part 181 of the public health code, 1978 PA 368,
MCL 333.18101 to 333.18117.
(f) A marriage
and family therapist licensed or otherwise authorized to engage in the practice
of marriage and family therapy under part 169 of the public health code, 1978
PA 368, MCL 333.16901 to 333.16915.
(20)
“Minor”
means an individual under the age of 18 years.
(21)
“Multicultural
services” means specialized mental health services for multicultural
populations such as African-Americans, Hispanics, Native Americans, Asian and
Pacific Islanders, and Arab/Chaldean-Americans.
(22)
“Neglect”
means an act or failure to act committed by an employee or volunteer of the
department, a community mental health services program, or a licensed hospital;
a service provider under contract with the department, a community mental
health services program, or a licensed hospital; or an employee or volunteer of
a service provider under contract with the department, a community mental
health services program, or a licensed hospital, that denies a recipient the
standard of care or treatment to which he or she is entitled under this act.
Sec. 161. In conjunction with community mental
health services programs, the department must conduct annually and forward to the
governor and the house of representatives and senate appropriations
committees, and the senate and house of representatives committees with
legislative oversight of human services and mental health, an evaluation of the
family support subsidy program that shall include, but is not limited to, all of
the following:
(a) The impact of
the family support subsidy program upon children covered by this act in
facilities and residential care programs including, to the extent possible,
sample case reviews of families who choose not to participate.
(b) Case reviews
of families who voluntarily terminate participation in the family support
subsidy program for any reason, particularly if the eligible minor is placed out of
the family home, including the involvement of the department and community
mental health services programs in offering suitable alternatives.
(c) Sample assessments of families receiving family support
subsidy payments including adequacy of subsidy and need for services not
available.
(d) The efforts
to encourage program participation of eligible families.
(e) The
geographic distribution of families receiving subsidy payments and, to the
extent possible, eligible minors presumed to be eligible for family support
subsidy payments.
(f) Programmatic
and legislative recommendations to further assist families in providing care
for eligible minors.
(g) Problems that
arise in identifying eligible minors through diagnostic evaluations performed
under rules promulgated by the department of education.
(h) The number of
beds reduced in state facilities and foster care facilities serving severely
mentally, multiply, and autistic impaired children when the children return
home to their natural families as a result of the family support subsidy program.
(i) Caseload figures by eligibility category as described in section 100a(29).
Sec. 273a. Subject to appropriation, the department shall create and operate a grant program to provide grants to high schools that are specifically designated for students recovering from a substance use disorder. Each year from available funds, the department shall award grants under this section to support the costs of counselors, therapeutic staff, and recovery coaching staff at high schools described in this section. In granting an application, the department shall place a priority based on the applicant’s cost of providing substance use disorder counselors. Each grant that the department awards under this section shall not exceed $150,000.00 per applicant.
Sec. 273b. Subject to appropriation, the department shall create and operate a competitive grant program to provide grants to recovery community organizations. Each year from available funds, the department shall award grants under this section to recovery community organizations to offer or expand recovery support center services or recovery community center services to individuals seeking long-term recovery from substance use disorders. Each grant that the department awards under this section shall not exceed $150,000.00 per applicant. In awarding a grant, the department shall place priority on recovery community organizations that do all of the following:
(a) Provide recovery support navigation that includes the following:
(i) Multiple recovery pathways.
(ii) Assistance for individuals navigating recovery resources such as detoxification, treatment, recovery housing, support groups, peer support, and family support.
(iii) The promotion of community wellness and engagement.
(iv) Recovery advocacy that provides hope and encourages recovery.
(v) A peer-led, peer-driven organization that offers recovery to any individual seeking recovery from addiction.
(b) Provide recovery outreach education that includes the following:
(i) On-site recovery education in the workplace.
(ii) All-staff employee meetings.
(iii) On-site support for employees and family members.
(iv) Connections for employees and family members of employees suffering from addiction to local recovery resources such as treatment, recovery housing, and support groups.
(v) Connections with employers to provide recovery advocacy.
(c) Provide recovery activities and events that include the following:
(i) Safe, ongoing recovery activities and events.
(ii) Opportunities to volunteer and participate in activities and events.
(iii) Opportunities for family members and supporters of recovery to be involved.
(iv) Meetings and activities on nutrition, health, and wellness.
(v) Meetings and activities on mindfulness, meditation, and yoga.
Sec.
409. (1) Each community mental health services program shall establish 1 or
more preadmission screening units with 24-hour availability to provide
assessment and screening services for individuals being considered for
admission into hospitals,
assisted outpatient treatment programs, or crisis services on a
voluntary basis. The community
mental health services program shall employ mental health professionals or
licensed bachelor’s social workers licensed under part 185 of the public health
code, 1978 PA 368, MCL 333.18501 to 333.18518, to provide the preadmission
screening services or contract with another agency that meets the requirements of this section. Preadmission screening
unit staff shall be supervised by a registered professional nurse or other
mental health professional possessing at least a master’s degree.
(2) Each community mental health
services program shall provide the address and telephone number of its
preadmission screening unit or units to law enforcement agencies, the
department, the court, and hospital emergency rooms.
(3) A preadmission screening unit
shall assess an individual being considered for admission into a hospital
operated by the department or under contract with the community mental health
services program. If the individual is clinically suitable for hospitalization,
the preadmission screening unit shall authorize voluntary admission to the
hospital.
(4) If the preadmission screening
unit of the community mental health services program denies hospitalization,
the individual or the person making the application may request a second
opinion from the executive director. The executive director shall arrange for
an additional evaluation by a psychiatrist, other physician, or licensed
psychologist to be performed within 3 days, excluding Sundays and legal
holidays, after the executive director receives the request. If the conclusion
of the second opinion is different from the conclusion of the preadmission
screening unit, the executive director, in conjunction with the medical
director, shall make a decision based on all clinical information available. The
executive director’s decision shall be confirmed in writing to the individual
who requested the second opinion, and the confirming document shall include the
signatures of the executive director and medical director or verification that
the decision was made in conjunction with the medical director. If an
individual is assessed and found not to be
clinically suitable for hospitalization, the preadmission screening unit shall
provide appropriate referral services.
(5) If an individual is assessed and
found not to be clinically suitable for hospitalization, the preadmission
screening unit shall provide information regarding alternative services and the
availability of those services, and make appropriate referrals.
(6) A preadmission screening unit
shall assess and examine, or refer to a hospital for examination, an individual
who is brought to the preadmission screening unit by a peace officer or ordered by a court to be examined.
If the individual meets the requirements for hospitalization, the preadmission screening
unit shall designate the hospital to which the individual shall be admitted.
The preadmission screening unit shall consult with the individual and, if the
individual agrees, the preadmission screening unit must consult with the individual’s family
member of choice, if available, as to the preferred hospital for admission of
the individual.
(7) A preadmission screening unit may operate a crisis stabilization unit under chapter 9A. A preadmission screening unit may provide crisis services to an individual, who by assessment and screening, is found to be a person requiring treatment. Crisis services at a crisis stabilization unit must entail an initial psychosocial assessment by a master’s level mental health professional and a psychiatric evaluation within 24 hours to stabilize the individual. In this event, crisis services may be provided for a period of up to 72 hours, after which the individual must be provided with the clinically appropriate level of care, resulting in 1 of the following:
(a) The individual is no longer a person requiring treatment.
(b) A referral to outpatient services for aftercare treatment.
(c) A referral to a partial hospitalization program.
(d) A referral to a residential treatment center, including crisis residential services.
(e) A referral to an inpatient bed.
(f) An order for involuntary treatment of the individual has been issued under section 281b, 281c, former 433, or 434.
(8) A preadmission screening unit operating a crisis stabilization unit under chapter 9A may also offer crisis services to an individual who is not a person requiring treatment, but who is seeking crisis services on a voluntary basis.
(9)
If the individual chooses a
hospital not under contract with a community mental health services program,
and the hospital agrees to the admission, the preadmission screening unit shall
refer the individual to the hospital that is requested by the individual. Any
financial obligation for the services provided by the hospital shall be
satisfied from funding sources other than the community mental health services
program, the department, or other state or county funding.
Sec. 439. (1) A cause of action is not
cognizable against a person who in good faith files a petition under this
chapter alleging that an individual is a person requiring treatment, unless the
petition is filed as the result of an act or omission amounting to gross
negligence or willful and wanton misconduct.
(2) A cause of action is not cognizable against a preadmission screening unit or its employees or contractors or a crisis stabilization unit or its employees or contractors, who in good faith makes a determination as to whether an individual is a person requiring treatment or not, unless the determination is the result of an act or omission amounting to gross negligence or willful and wanton misconduct.
Chapter 9A
Sec. 971. (1) The department shall provide
for certification of crisis stabilization units under this chapter to provide
crisis services in a community-based setting. An individual receiving services
in a crisis stabilization unit is a recipient of mental health services under
chapter 7 and is afforded all rights afforded to a recipient of mental health
services.
(2) Crisis services include clinical services as a short-term alternative to inpatient psychiatric hospitalization provided by a mental health professional under the supervision of a psychiatrist in the least restrictive environment as determined by the mental health professional. The primary objective of crisis services is prompt assessment, stabilization, and determination of the appropriate level of care. The main desired outcome of crisis services is to avoid unnecessary hospitalization for an individual whose crisis may resolve with time, observation, and treatment.
(3) A psychiatric hospital or general hospital may establish and operate a crisis stabilization unit under this chapter. As used in this subsection, “general hospital” means hospital as that term is defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
Sec. 972. The
department shall establish minimum standards and requirements for certifying a crisis
stabilization unit. Standards and requirements include, but are not limited to,
the following:
(a) A standard requiring the capacity to carry out emergency receiving and evaluating functions but not to the extent that brings the crisis stabilization unit under the provisions of section 1867 of the social security act, 42 USC 1395dd.
(b) Standards requiring implementation of voluntary and involuntary admission consistent with section 409.
(c) A prohibition from holding itself out as a hospital or from billing for hospital or inpatient services.
(d) Standards to prevent inappropriate referral between entities of common ownership.
(e) Standards regarding maximum length of stay at a crisis stabilization unit with discharge planning upon intake to a clinically appropriate level of care consistent with section 409(7).
(f) Standards of billing for services rendered at a crisis stabilization unit.
(g) Standards for reimbursement of services for uninsured individuals, underinsured individuals, or both, and Medicaid beneficiaries, including, but not limited to, formal agreements with community mental health services programs or regional entities for services provided to individuals utilizing public behavioral health funds, outreach and enrollment for eligible health coverage, annual rate setting, proper communication with payers, and methods for resolving billing disputes between providers and payers.
(h) Physician oversight requirements.
(i) Nursing services.
(j) Staff to client ratios.
(k) Standards requiring a minimum amount of psychiatric supervision of an individual receiving services in the crisis stabilization unit that are consistent with the supervision requirements applicable in a psychiatric hospital or psychiatric unit setting.
(l)
Standards requiring implementation and posting of recipients’ rights under
chapter 7.
(m) Safety and emergency protocols.
(n) Pharmacy services.
(o) Standards addressing administration of medication.
(p) Standards for reporting to the department.
(q) Standards regarding a departmental complaint process and procedure affording patients the right to file complaints for failure to provide services in accordance with required certification standards. The complaint process and procedure must be established and maintained by the department, must remain separate and distinct from providers delivering services under this chapter, and must not be a function delegated to a community mental health services program or an entity under contract with a community mental health services program. The complaint process must provide for a system of appeals and administrative finality.
Sec. 973. Unless licensed under part 62 of the public health code, 1978 PA 368, MCL 333.6230 to 333.6251, a crisis stabilization unit that is not also a preadmission screening unit shall not provide substance use disorder services described in chapter 2A under this certification without first obtaining the required license. If substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both, are provided, the crisis stabilization unit must obtain a license as required under section 6233 of the public health code, 1978 PA 368, MCL 333.6233.
Sec. 974. (1) An entity must not operate as a crisis stabilization unit without having a certification issued under this chapter.
(2) An application for certification to operate a crisis
stabilization unit must be submitted to the department in the manner prescribed
by the department.
Sec. 975. (1) The department must issue a certification to an applicant who meets all the standards and requirements set forth by the department for certifying a crisis stabilization unit.
(2) A certification issued under this chapter is not transferable to another crisis stabilization unit for the purpose of facilitating a change in location or a change in the governing body.
Sec. 976. Each certified crisis stabilization unit must allow an authorized department representative to enter upon and inspect all of the premises for which a certification has been granted or applied for under this chapter.
Sec. 977. (1) The department may deny an application for certification under this chapter that does not meet all the standards and requirements set forth by the department for a crisis stabilization unit. The department may suspend or revoke a certification that has been issued under this chapter if an applicant or a certified crisis stabilization unit violates a provision of this chapter or a standard or requirement set forth by the department under this chapter.
(2) Before an order is entered denying a certification application or suspending or revoking a certification previously granted, the applicant or party with a certification must have an opportunity for a hearing. A hearing under this section is subject to the provisions governing a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 978. A crisis stabilization unit certified under this chapter is exempt from the requirement of obtaining a certificate of need.
Sec. 979. A crisis stabilization unit must obtain and maintain accreditation from 1 of the following within 3 years after initial certification or within 3 years after the effective date of the amendatory act that added this chapter:
(a) Behavioral health care accreditation for crisis stabilization from the Joint Commission on Accreditation of Healthcare Organizations.
(b) Behavioral health accreditation for crisis stabilization by the Commission on Accreditation of Rehabilitation Facilities, CARF International.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
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Governor