HOUSE REPUBLICAN STAFF ANALYSIS

Transcription

1 HOUSE REPUBLICAN STAFF ANALYSIS Bill: House File 2417 (formerly HSB 637) Committee: Human Resources Floor Manager: Rep. Fry Date: March 3, 2014 Staff: Carrie Malone (5-2063) House Committee: House Floor: Senate Floor: Governor: PASSED on February 19 (20-0) Mental Health Code Editor Bill This bill makes conforming Code amendments relating to the redesign legislation. Section 1 This section removes a reference to counties. Section by Section Analysis Section 2 This section removes the definition of central point of coordination process from the code chapter dealing with persons with an intellectual disability. Section 3 This section adds two definitions to the Code chapter regarding persons with an intellectual disability. The section adds a definition for mental health and disability services region and regional administrator to the definitions section in this These definitions should have been put in the code last year but were not because of a technical drafting error. Section 4 This section adds a regional administrator to the list of people that must be notified if a state district is changed. Section 5 If a patient at a resource center dies, notice of the death shall be sent to the regional administrator of the mental health region (instead of the county board of supervisors, which no longer exists.) Section 6 This section relates to voluntary admissions for persons with an intellectual disability. This section changes references from the county board of supervisors to the regional administrator because the county board of supervisors will no longer exist and the regional administrator will take its place. 1

2 Section 7 This section relates to voluntary admissions for minors for persons with an intellectual disability. This section changes references from the county board of supervisors to the regional administrator because the county board of supervisors will no longer exist and the regional administrator will take its place. Section 8 This section relates to care by region pending admission of a person with an intellectual disability. This section changes references from the county board of supervisors to the regional administrator because the county board of supervisors will no longer exist and the regional administrator will take its place. Section 9 This section relates to the time of appearance for persons with an intellectual disability. This section changes references from the county board of supervisors to the regional administrator for the person s county of residence because the county board of supervisors will no longer exist and the regional administrator will take its place. Section 10 This section specifies who will examine a person with an intellectual disability. Previously, the central point of coordination process would designate a qualified physician to do the exam. Since the central point of coordination no longer exists, the section changes it to the regional administrator of the person s county of residence that will make the designation. Section 11 This section relates to liability for charges related to the commitment of persons with an intellectual disability. This section changes references from county to mental health and disability services region. It also changes county board of supervisors to regional administrator. Section 12 This section relates to alternative placement for persons with an intellectual disability. This section changes references from the central point of coordination process to the regional administrator for the person s county of residence. Section 13 This section relates to the costs incurred by the county or the state for admission or commitment of a person with an intellectual disability. This section changes references from county to regional service system. Section 14 This section relates to costs paid by the county or state for diagnosis of persons with an intellectual disability. This section changes references from central point of coordination to regional administrator. Section 15 This section relates to legal settlement determinations for persons with an intellectual disability. This section changes references from central point of coordination to regional administrator. Section 16 This section changes references from central point of coordination to regional administrator. Section 17 The regional administrator and not the county auditor is sent the determination of residency certification. 2

3 Section 18 This section relates to unknown legal settlement for persons with an intellectual disability. This section changes references from central point of coordination to regional administrator. Section 19 This section changes references from central point of coordination to regional administrator. Section 20 This section removes language relating to the old per capita payment structure and changes it to the new per capita growth amount. Section 21 When certifying to DHS the amounts to be charged against each county, the superintendent shall send to the county auditor and the regional administrator a copy of the certification statement. Section 22 This section adds reference to the regional administrator. Section 23 This section relates to the psychiatric hospital (Oakdale). It adds the definition of MHDS region and regional administrator to the code section on the psychiatric hospital. Section 24 Section 25 This section changes references from central point of coordination to regional administrator in the psychiatric hospital Section 26 Section 27 Section 28 Renumbers a section and changes references from central point of coordination to regional administrator in the psychiatric hospital Section 29 Section 30 3

4 Changes reference from central point of coordination to regional administrator in the psychiatric hospital Section 31 Section 32 Changes reference from county board of supervisors or their designee to regional administrator in the psychiatric hospital Section 33 Section 34 Section 35 This section relates to the discharge of patients from Oakdale. It adds that the regional administrator shall be notified if a patient who was involuntarily hospitalized gets discharged. Section 36 This section strikes the code section relating to the definitions of MHDS because they have been changed in another section to comply with the new regional structure. Section 37 Changes reference from central point of coordination to regional administrator in the MHDS chapter of the Code. Section 38 This section relates to the duties of the Mental Health and Disability Services Commission. This section adds MHDS region to the existing language. Section 39 This section relates to the duties of the Mental Health and Disability Services Commission. This section updated the language from county to region. Section 40 This section relates to partial reimbursement to counties for local inpatient mental health care and treatment. A county shall credit amounts received under this section in the county s mental health and disability services fund. Section 41 This section relates to diagnostic evaluation in the MHDS The section changes Code language to add MHDS region to the section on the authority to establish and lease facilities. Section 42 4

5 This section relates to county implementation of evaluations in the MHDS The section changes language from central point of coordination to regional administrator. Section 43 This section relates to referrals for evaluation in the MHDS The section changes language from board of supervisors to regional administrator. Section 44 This section relates to alternative diagnostic facility in the MHDS The section changes language from board of supervisors to regional administrator. Section 45 This section relates to emergency mental health crisis services system in the MHDS The bill adds that MHDS regions to the service system elements. Section 46 This section relates responsibilities of counties for individual case management services. The section changes county language to regional language. Section 47 This section relates to mental health services system for children and youth. Section 48 This section updates the state mental health institutes chapter with new definitions of MHDS region and regional administrator. Section 49 Changes language from counties to regions. Section 50 This section changes references in the state mental health institutes chapter so that if conditions are overcrowded at a hospital, the regional administrator shall be notified. Section 51 This section updates who is notified upon death. Section 52 Updates the definition section of facilities for mental illness or ID. Section 53 Changes language from county authority to regional administrator. Section 54 This section changes references from county authorities to regional administrator. Section 55 This section changes language from board of supervisors to regional administrator. Section 56 5

6 Changes language from county authority to regional administrator in the section relating to standards of care for persons with mental illness or intellectual disability in county care facilities. Section 57 Section 58 Changes language from board of supervisors to regional administrator. Section 59 Updates section numbers. Section 60 Section 61 Strikes the section. Section 62 This section updates the definitions section in the code chapter dealing with hospitalization of a person with mental illness. Section 63 Changes the name from central point of coordination to regional administrator. Section 64 Changes central point of coordination to regional administrator. Section 65 Section 66 Section 67 Section 68 Section 69 Section 70 Section 71 6

7 Section 72 Section 73 Section 74 Section 75 Section 76 Section 77 Changes references from old growth factor to the new statewide per capital expenditure amount. Section 78 Section 79 Section 80 Changes language from county management plan to regional service system management plan. Section 81 Changes reference from county management plan to regional service management plan. Section 82 This section changes the definition of population. Section 83 Strikes the section. Section 84 This section adds MHDS and regional administrator to the section of the code dealing with the MHDS risk pool. Section 85 Repeals outdated sections of the code. Amendment Analysis HF This amendment clarifies that the counties, regions, and the state all have financial responsibility for persons with an intellectual disability. Since this chapter is very old, it leads the reader to believe that only the counties have financial responsibility in treating persons with an intellectual disability. 7

8 Therefore, the amendment adds a section to point the reader in the right direction that all three entities are can provide for these people. 8