Bill Text: MI SB0865 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Mental health; other; uniform statewide criteria for priority client status; provide for. Amends secs. 116 & 208 of 1974 PA 258 (MCL 330.1116 & 330.1208).

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2009-09-24 - Referred To Committee On Health Policy [SB0865 Detail]

Download: Michigan-2009-SB0865-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 865

 

 

September 24, 2009, Introduced by Senators BRATER, JACOBS, CLARK-COLEMAN, CLARKE, SCOTT, CHERRY, OLSHOVE, ANDERSON, BASHAM, SWITALSKI and THOMAS 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

 

1995 PA 290.

 

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 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 the following

 

services:

 

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

 

serious mental illness, serious emotional disturbance, or

 

developmental disability. Not later than October 1, 2011, the

 

department shall develop standardized instruments to assist in

 

determining the severity of clinical conditions for individuals

 

with serious mental illness or serious emotional disturbance.

 

     (ii) Services for individuals with serious mental illness,

 

serious emotional disturbance, or developmental disability who are

 

in urgent or emergency situations.

 

     (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 include an

 

estimate of the cost of meeting all identified needs. Additional

 

information shall 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 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 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, 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

 

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 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 abuse or for

 

the prevention of mental disability and the promotion of mental

 

health shall be utilized for those specific purposes.

 

     (3) Priority shall be given to the provision of services to

 

individuals for providing services shall be given to both of the

 

following:

 

     (a) 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 The level of functional impairment for

 

individuals with a serious mental illness or serious emotional

 

disturbance shall be determined based on a department-approved

 

instrument for measuring the severity of their impairment.

 

     (b) Individuals with a serious mental illness, serious

 

emotional disturbance, or developmental disability who are in

 

urgent or emergency situations.

 

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

 

individual who is financially liable is unable to pay for the

 

service.