Bill Text: MI SB1196 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Mental health; community mental health; board membership on certain community mental health services board; revise, and establish as a community mental health authority. Amends secs. 204, 212, 224 & 232a of 1974 PA 258 (MCL 330.1204 et seq.) & repeals sec. 216 of 1974 PA 258 (MCL 330.1216).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-27 - Assigned Pa 0376'12 [SB1196 Detail]
Download: Michigan-2011-SB1196-Introduced.html
SENATE BILL No. 1196
June 14, 2012, Introduced by Senator CASWELL and referred to the Committee on Appropriations.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 204, 224, and 232a (MCL 330.1204, 330.1224,
and 330.1232a), sections 204 and 224 as amended and section 232a as
added by 1995 PA 290; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
204. (1) A Except as
provided in subsection (4), a
community mental health services program established under this
chapter shall be a county community mental health agency, a
community mental health organization, or a community mental health
authority. A county community mental health agency is an official
county agency. A community mental health organization or a
community mental health authority is a public governmental entity
separate from the county or counties that establish it.
(2) Procedures and policies for a community mental health
organization or a community mental health authority shall be set by
the board of the community mental health services program.
Procedures and policies for a county community mental health agency
shall be set by the board of commissioners or boards of
commissioners as prescribed in this subsection. If a county
community mental health services agency represents a single county,
the county's board of commissioners shall determine the procedures
and policies that shall be applicable to the agency. If a county
community mental health services agency represents 2 or more
counties, the boards of commissioners of the represented counties
shall by agreement determine the procedures and policies that shall
be applicable to the agency. In a charter county with an elected
county executive, the county executive shall determine the
procedures and policies that shall be applicable to the agency.
(3) The procedures and policies for multicounty community
mental health services programs shall not take effect until at
least 3 public hearings on the proposed procedures and policies
have been held.
(4) Beginning October 1, 2012, in order to qualify for state
support under section 202, if a single county that has situated
totally within that county a city having a population of at least
500,000 establishes a community mental health services program,
that community mental health services program shall be established
as a community mental health authority as specified under section
205.
Sec. 224. The term of office of a board member shall be 3
years from April 1 of the year of appointment, except that of the
members first appointed, 4 shall be appointed for a term of 1 year,
4 for 2 years, and 4 for 3 years. A vacancy shall be filled for an
unexpired term in the same manner as an original appointment. A
board member may be removed from office by the appointing board of
commissioners
or, if the board member was appointed by the chief
executive
officer of a county or a city under section 216, by the
chief
executive officer who appointed the member for neglect of
official duty or misconduct in office after being given a written
statement of reasons and an opportunity to be heard on the removal.
A board member shall be paid a per diem no larger than the highest
per diem for members of other county advisory boards set by the
county board of commissioners and be reimbursed for necessary
travel expenses for each meeting attended. The mileage expense
fixed by the county board of commissioners shall not exceed the
mileage reimbursement as determined by the state officers
compensation commission. A board member shall not receive more than
1 per diem payment per day regardless of the number of meetings
scheduled by the board for that day.
Sec. 232a. (1) Subject to section 114a, the department shall
promulgate rules to establish standards for certification and the
certification review process for community mental health services
programs. The standards shall include but not be limited to all of
the following:
(a) Matters of governance, resource management, quality
improvement, service delivery, and safety management.
(b) Promotion and protection of recipient rights.
(2) After reviewing a community mental health services
program, the department shall notify a program that substantially
complies with the standards established under this section that it
is certified by the department.
(3) The department may waive the certification review process
in whole or in part and consider the community mental health
services program to be in substantial compliance with the standards
established under this section if the program has received
accreditation from a national accrediting organization recognized
by the department that includes review of matters described in
subsection (1)(a).
(4) If the department certifies a community mental health
services program despite some items of noncompliance with the
standards established under this section, the notice of
certification shall identify the items of noncompliance and the
program shall correct the items of noncompliance. The department
shall require the community mental health board to submit a plan to
correct items of noncompliance before recertification or sooner at
the discretion of the department.
(5) Certification is effective for 3 years and is not
transferable. Requests for recertification shall be submitted to
the department at least 6 months before the expiration of
certification. Certification remains in effect after the submission
of a renewal request until the department conducts a review and
makes a redetermination.
(6) The department shall conduct an annual review of each
community mental health services program's recipient rights system
to ensure compliance with standards established under subsection
(1)(b). An on-site review shall be conducted once every 3 years.
(7) The community mental health services program shall
promptly notify the department of any changes that may affect
continued certification.
(8) The department may deny certification if the community
mental health services program cannot demonstrate substantial
compliance with the standards established under this section.
(9) In lieu of denying certification, the department may issue
a provisional certification for a period of up to 6 months upon
receiving a plan of correction submitted by the community mental
health services board. The department shall provide a copy of the
review and the approved plan of correction to the board of
commissioners of each county that established the county community
mental health agency or created the community mental health
organization or community mental health authority. A provisional
certification may be extended, but the entire provisional period
shall not exceed 1 year. The department shall conduct an on-site
review to determine the community mental health services program's
compliance with the plan of correction at least 30 days before the
expiration of the provisional certification. A provisional
certification automatically expires either on its original
expiration date or the expiration date of the extension granted.
(10) If a community mental health services program is denied
certification, fails to comply with an approved plan of correction
before the expiration of a provisional certification, or fails to
comply substantially with the standards established under this
section, the department shall notify the community mental health
services board and the board of commissioners of each county that
established the agency or created the organization or authority of
the department's intention to suspend, deny, or revoke
certification. The notice shall be sent by certified mail and shall
set forth the particular reasons for the proposed action and offer
an opportunity for a hearing with the director of the department's
division that manages contracts with community mental health
services programs. If it desires a hearing, the community mental
health services board shall request it in writing within 60 days
after receipt of the notice. The department shall hold the hearing
not less than 30 days or more than 60 days from the date it
receives the request for a hearing.
(11) The director of the department's division that manages
contracts with community mental health services programs shall make
a decision regarding suspension, denial, or revocation of
certification based on evidence presented at the hearing or on the
default of the community mental health services board. A copy of
the decision shall be sent by certified mail within 45 days after
the close of the hearing to the community mental health services
board and to the board of commissioners of each county that
established the agency or created the organization or authority.
(12) A community mental health services board may appeal a
decision made under subsection (11) as provided in chapter 4 of the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.271 to 24.287 of the Michigan
Compiled
Laws.1969 PA 306, MCL 24.271
to 24.287.
(13) During the period of certification, the department may
conduct an unannounced review of a certified community mental
health services program. The department shall conduct an
unannounced review of a certified community mental health services
program in response to information that raises questions regarding
recipient health or safety. If the department finds based on its
review that the community mental health services program does not
substantially comply with the standards established under this
section, the department shall provide notice and a hearing under
subsections (10) and (11).
(14) If a community mental health services program fails to
obtain or retain certification as a result of the department's
review, has exhausted the time period for provisional
certification, is not engaged in the process of appeal or appeal
has been unsuccessful, and if no agreement has been reached by the
department with the community mental health services program to
assure certification compliance within a specified time period, the
department shall within 90 days do both of the following:
(a) Cancel the state funding commitment to the community
mental health services board.
(b) Utilize the funds previously provided to the community
mental health services board to do 1 or more of the following:
(i) Secure services from other providers of mental health
services that the department has determined can operate in
substantial compliance with the standards established under this
section and continue the delivery of services within the county or
counties.
(ii) Provide the service.
(15) If state funding is canceled under subsection (14) and
the community mental health services program is an authority
created under section 205, the county or counties that created the
authority are financially liable only for the local match formula
established for the authority under chapter 3. If state funding is
canceled under subsection (14) and the community mental health
services program is a county community mental health agency or a
community mental health organization, the county or counties that
established the agency are financially liable for local match for
all services contractually or directly provided by the department
to residents of the county or counties in accordance with chapter
3.
(16) The department shall not utilize the certification
process under this section to require a community mental health
services program to become a community mental health authority.
Community
Except as provided in section
204(4), community mental
health authority status is voluntary as provided in section 205.
(17)
Subject to section 114a, the department shall submit
proposed
rules for certification to public hearing within 6 months
after
the effective date of the amendatory act that added this
section.
Enacting section 1. Section 216 of the mental health code,
1974 PA 258, MCL 330.1216, is repealed.
