Bill Text: NJ A2659 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes "Task Force on the Closure of State Psychiatric Hospitals."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-08 - Introduced, Referred to Assembly Human Services Committee [A2659 Detail]
Download: New_Jersey-2012-A2659-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Establishes "Task Force on the Closure of State Psychiatric Hospitals."
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the "Task Force on the Closure of State Psychiatric Hospitals."
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The closure of State psychiatric hospitals advances New Jersey's efforts to comply with the decision of the Supreme Court of the United States in Olmstead v. L.C., 527 U.S. 581 (1999), which requires states to provide community living options and other supports to individuals with mental illness who do not require or want institutionalized care;
b Continuing New Jersey's commitment to providing individuals with mental illness the ability to live in the most integrated setting appropriate to their needs, consistent with the Olmstead v. L.C. decision, is critical to ensure a better quality of life;
c. The State operates more psychiatric hospitals than necessary to support a declining population of individuals with mental illness, which has decreased by approximately 360 individuals, or 17%, since 2000;
d. It is our goal to affirm the State's commitment to reducing reliance on institutional care, along with expanding community living options; and
e. It is important for the State to affirm its commitment to provide individuals with mental illness who are receiving care in State psychiatric hospitals and do not require or want institutionalization, with the opportunity to live in the community, consistent with the Olmstead v. L.C. decision, and to realign fiscal, staffing, and operational resources to support community living.
2. There is established the "Task Force on the Closure of State Psychiatric Hospitals." The task force shall perform a comprehensive evaluation of all of the State psychiatric hospitals and provide recommendations for the closing of psychiatric hospitals.
3. a. The task force shall be comprised of five members who shall be appointed within 30 days of the effective date of this act, as follows:
(1) three members appointed by the Governor;
(2) one public member appointed by the Governor upon the recommendation of the President of the Senate; and
(3) one public member appointed by the Governor upon the recommendation of the Speaker of the General Assembly.
Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments.
b. The task force shall organize within 30 days following the appointment of a majority of its members and shall select a chairperson and vice-chairperson from among the members.
c. The members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the task force.
d. The task force shall make recommendations by a majority vote of its members.
e. The Department of Human Services shall provide staff support to the task force.
4. The task force shall perform a comprehensive evaluation of the State psychiatric hospitals, and set forth recommendations for the closure of psychiatric hospitals, as appropriate, in the State. The recommendations, which shall be binding on the Department of Human Services, may provide for the closure of one or more psychiatric hospitals. The recommendations for closure of a psychiatric hospital shall consider the following criteria, in the following order of priority:
a. the number of individuals with mental illness receiving care in a State psychiatric hospital who no longer require inpatient care;
b. the present capacity of the community to provide or develop mental health services and supports to individuals with mental illness or the time required to allow for the development of the capacity to provide such services and supports;
c. the operational needs of the Department of Human Services in meeting the range of needs and preferences of all affected individuals served by the Division of Mental Health and Addiction Services in the Department of Human Services;
d. the economic impact on the community in which the psychiatric hospital is located if that center were to close; and
e. the projected repair and maintenance costs of each psychiatric hospital as estimated by the Department of Human Services.
5. No sooner than 90 days but not later than 180 days after the task force organizes, the task force shall submit its closure recommendations, including, if applicable, a targeted date for closure of each State psychiatric hospital recommended for closure, and make such other recommendations as the task force deems appropriate, to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
6. a. If applicable, the Department of Human Services shall close a State psychiatric hospital recommended by the task force as soon as practicable, in accordance with a schedule that takes into account the needs of the patients of the psychiatric hospital to be closed and any appropriate operational concerns of the psychiatric hospitals and the community services system.
b. Nothing in this act shall limit the commissioner's authority pursuant to R.S.30:1-12 or the discretion to take the actions authorized by sections 1 and 2 of P.L. 1996, c.150 (C.30:1-7.3 and C.30:1-7.4), as the commissioner may deem appropriate.
7. This act shall take effect immediately and shall expire upon the submission by the task force of its closure recommendations to the Governor and the Legislature, or 180 days after the task force organizes, whichever is sooner.
STATEMENT
This bill establishes a "Task Force on the Closure of State Psychiatric Hospitals." The task force shall perform a comprehensive evaluation of all of the State psychiatric hospitals and provide recommendations for the closing of psychiatric hospitals, as appropriate.
The task force would be comprised of five members who shall be appointed within 30 days of the effective date of the bill, as follows:
· three members appointed by the Governor;
· one public member appointed by the Governor upon the recommendation of the President of the Senate; and
· one public member appointed by the Governor upon the recommendation of the Speaker of the General Assembly.
The recommendations of the task force, which would be binding on the Department of Human Services (DHS), may provide for the closure of one or more psychiatric hospitals. The recommendations for closure of a psychiatric hospital shall consider the following criteria, in the following order of priority:
· the number of individuals with mental illness receiving care in a psychiatric hospital who no longer require inpatient care;
· the present capacity of the community to provide or develop mental health services and supports to individuals with mental illness or the time required to allow for the development of the capacity to provide such services and supports;
· the operational needs of DHS in meeting the range of needs and preferences of all affected individuals served by the Division of Mental Health and Addiction Services in DHS;
· the economic impact on the community in which the psychiatric hospital is located if that center were to close; and
· the projected repair and maintenance costs of each psychiatric hospital as estimated by DHS.
No sooner than 90 days but not later than 180 days after the task force organizes, the task force is required to submit its closure recommendations, including, if applicable, a targeted date for closure of each State psychiatric hospital recommended for closure, and make such other recommendations as the task force deems appropriate, to the Governor and to the Legislature.
In addition, if applicable, DHS would close a State psychiatric hospital recommended by the task force as soon as practicable, in accordance with a schedule that takes into account the needs of the patients of the psychiatric hospital to be closed and any appropriate operational concerns of the psychiatric hospitals and the community services system.
The bill also provides that nothing in the bill shall limit the commissioner's authority pursuant to R.S.30:1-12 or the discretion to take the actions authorized by sections 1 and 2 of P.L. 1996, c.150 (C.30:1-7.3 and C.30:1-7.4) (concerning public hearings, publication of a Notice of Intent to close a facility, and submission of a report to the Joint Budget Oversight Committee), as the commissioner may deem appropriate.
Lastly, the bill takes effect immediately and expires upon the submission by the task force of its closure recommendations to the Governor and the Legislature or 180 days after the task force organizes, whichever is sooner.
