Report Title:

Adult Day Mental Health Services; Private Pay

Description:

Clarifies that private pay patients are eligible to receive continuing day services from the DOH's adult mental health division on a voluntary basis if they pay in full the graduated charges established and imposed by the director of health. Appropriates $      in FY 2004-2005.

HOUSE OF REPRESENTATIVES

H.B. NO.

2204

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mental health.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 334-6, Hawaii Revised Statutes, is amended to read as follows:

"§334-6 Fees; payment of expenses for treatment services[.]; private pay. (a) [Pursuant] Except in the case of a private pay patient under subsection (c), pursuant to chapter 91, the director shall establish reasonable charges for treatment services and may make collections on [such] those charges. In making the collections on [such] charges, the director shall take into consideration the financial circumstances of the patient and the patient’s family including a reciprocal beneficiary, and no collections shall be made where in the judgment of the director, [such] the collections would tend to make the patient or the patient’s family including a reciprocal beneficiary, a public charge or deprive the patient and the patient’s family including a reciprocal beneficiary, of necessary support.

(b) [Every person] Except in the case of a private pay patient under subsection (c), hospitalized at a psychiatric facility or receiving treatment services through a community mental health center under the jurisdiction of the State or a county, or at a psychiatric facility or through a community mental health center which derives more than fifty per cent of its revenues from the general fund of the State, or pursuant to contract with the director under section 334-2.5, shall be liable for the expenses attending their reception, maintenance, and treatment and any property not exempt from execution belonging to the person shall be subject to sequestration for the payment of the expenses. Every parent or legal guardian of a patient who is a minor and every spouse or reciprocal beneficiary of a patient shall be liable for the expenses attending the reception, maintenance, and treatment of that minor child or spouse or reciprocal beneficiary who is hospitalized at a psychiatric facility or receiving treatment through a community mental health center under the jurisdiction of the State or a county, or at a psychiatric facility or through a community mental health center which derives more than fifty per cent of its revenues from the general fund of the State, or pursuant to contract with the director under section 334-2.5.

(c) A private pay patient may be eligible to receive day continuing services including mental health treatment, psychosocial rehabilitation services, and other community supports on a voluntary basis; provided that the private pay patient shall pay in full the graduated charges, which shall be established by the director by adoption of rules pursuant to chapter 91, for such services. For the purposes of this subsection:

"Continuing services" means services provided by the department, and voluntarily requested by the private pay patient, that are designed to promote recovery from severe and persistent mental illness through treatment, psychosocial rehabilitation services, and other community supports, based on the understanding that severe and persistent mental illness is generally life-long, with an individualized course of recovery that may include relapse and remission.

"Private pay patient" means a person who:

(1) Is otherwise eligible, as assessed by the department of health, to receive day continuing services;

(2) Requests to receive such services voluntarily; and

(3) Is able to and does pay in full, the graduated charges established and imposed by the director for the provision of these services.

(d) The director shall adopt rules in accordance with chapter 91 to establish a graduated series of charges, based on ability to pay, for services provided to private pay patients under subsection (c)."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $           , or so much thereof as may be necessary for fiscal year 2004-2005, for the provision of day continuing services provided to private pay patients on a voluntary basis, pursuant to section 334-6(c), Hawaii Revised Statutes.

SECTION 3. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval, except that sections 2 and 3 shall take effect on July 1, 2004.

INTRODUCED BY:

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