SENATE FLOOR AMENDMENT

 

FLOOR AMENDMENT NO.   5 Date 03-09-04

TO: SB 1362 SD2

SECTION 1. SB 1362 SD2 is amended by inserting the following:

"SECTION 2. Section 334-3, Hawaii Revised Statutes, is amended to read as follows:

"§334-3 Functions of department in mental health. (a) The department of health within the limits of available funds within the designated programs, shall promote and provide for the establishment and operation of a community-based mental health system responsive to the needs of persons of all ages, ethnic groups, and geographical areas of the State, reflective of an appropriate distribution of resources and services, and monitored and evaluated in terms of standards, goal attainment, and outcomes. The elements of the system shall be defined by departmental rules recognizing the need for at least the following services:

  1. Informational and educational services to the general public and to lay and professional groups;
  2. Collaborative and cooperative services with public and private agencies and groups for the prevention and treatment of mental or emotional disorders and substance abuse and rehabilitation of patients;
  3. Consultation services to the judiciary, to educational institutions, and to health and welfare agencies;
  4. Case management, outreach, and follow-up services;
  5. Emergency crisis and noncrisis intervention services accessible to all residents[; of all service areas]
  6. Community-based, relevant, and responsive outpatient services;
  7. Community residential care comprising a comprehensive range of small, homelike, and appropriately staffed treatment and rehabilitation facilities;
  8. Short-term psychiatric treatment, preferably in facilities where access to other health and medical services are readily available;
  9. Intensive psychiatric treatment for patients in need of long-term, highly structured, or highly specialized care and treatment under section 334-2.5, and provision of appropriate community resources;
  10. Training programs, activities, and staffing standards for the major mental health disciplines and ancillary services; and
  11. Rehabilitative services for hospital and community-based individuals who have experienced short- or long-term mental or emotional disorders and substance abuse.

(b) The department shall revise, refine, and develop the system to ensure optimal responsiveness to the many and varied needs of the people of the State. The development of the system shall be based on [a] an annual statewide [four-year plan which is developed in response to statewide assessments of need, evaluations of services, programs, and facilities, and community expressions of needed services and programs.] comprehensive integrated service plan that is the cumulative result of comprehensive integrated service area planning within each county. The statewide plan shall determine the specific content of the department of health budget for the mental health system. [The plan shall be annually monitored and updated.]

(c) The department shall specifically:

    1. Perform statewide assessments of the need for prevention, treatment, and rehabilitation services in the areas of mental or emotional disorders and substance abuse;
    2. Adopt rules pursuant to chapter 91 for establishing the number and boundaries of the geographical service areas for the delivery of services in the areas of mental or emotional disorders and substance abuse. [Each statewide four-year plan shall include a] The department shall periodically review [of] the effectiveness of the geographical service areas in promoting accessibility and continuity of appropriate care to all residents of that geographical area;
    3. [Establish] Appoint a service area [center] administrator in each [geographical service area that] county who shall be [the focal point] responsible for the development, delivery, and coordination of services in that area;
    4. Ensure statewide and community-based planning for the ongoing development and coordination of the service delivery system as guided by needs assessment data and performance related information;
    5. Establish standards and rules for psychiatric facilities and their licensing, where applicable;
    6. Establish standards and rules for services in the areas of mental health and substance abuse treatment, including assurances of the provision of minimum levels of accessible service to persons of all ages, ethnic groups, and geographical areas in the State;
    7. Ensure community involvement in determining the service delivery arrangements appropriate to each community of the State;
    8. Cooperate with public and private health, education, and human service groups, agencies, and institutions in establishing a coordinated system to meet the needs of persons with mental or emotional disorders and substance abuse difficulties;
    9. Evaluate and monitor all services in the fields of mental health and substance abuse where such services are supported fully or in part by state resources;
    10. Promote and conduct research, demonstration projects, and studies concerned with the nature, prevention, intervention, and consequences of mental or emotional disorders and substance abuse;
    11. Keep records, statistical data, and other information as may be necessary in carrying out the functions of the mental health system and this chapter;
    12. Advocate patients' rights in all psychiatric facilities in the State and investigate any grievances submitted to the department by any patient in a psychiatric facility, except as provided in section 334E-2(d). The department shall establish rules and procedures for the purpose of this paragraph within one year after January 1, 1985, and post the rules in a conspicuous manner and accessible place;
    13. Promote and conduct a systematic program of accountability for all services provided, funds expended, and activities carried out under its direction or support in accordance with sound business, management, and scientific principles;
    14. Coordinate mental health resources in each [service area] county of the State by the development and presentation of [a mental health systems service plan incorporating the planning of each service area.] a comprehensive integrated service area plan developed by the service area administrator in conjunction with the service area board. The service area [center] administrator and the service area board, in collaboration with private and public agencies serving their population, shall submit recommendations for the statewide [four-year plan,] comprehensive integrated service plan, including needs assessment, program planning, resource development, priorities for funding, monitoring, and accountability activities;
    15. Oversee and coordinate service area programs and provide necessary administrative and technical assistance to assist service area programs in meeting their program objectives; and
    16. Provide staffing to the state council and service area boards to assist in the performance of their functions."

SECTION 3. Section 334-10, Hawaii Revised Statutes, is amended to read as follows:

"§334-10 State council on mental health. (a) There is established a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34. In making appointments to the council, the governor shall ensure that all service area boards of the State are represented, and that a majority of the members are nonproviders of mental health or other health services, and that a majority of the members are not state employees. The number of parents of children with serious emotional disturbances shall be sufficient to provide adequate representation of such children in the deliberations of the council. The council shall be composed of residents of the State, including individuals representing:

    1. The principal state agencies with respect to mental health, education, vocational rehabilitation, criminal justice, housing, and social services;
    2. Public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services;
    3. Adults with serious mental illnesses who are receiving, or have received, mental health services;
    4. The families of such adults or families of children with serious emotional disturbances; and
    5. The Hawaii advisory commission on drug abuse and controlled substances who shall be a person knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse.

(b) The council shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the council.

(c) The council shall advise the department on allocation of resources, statewide needs, and programs affecting two or more service areas. The council shall review and comment on the [state] statewide comprehensive integrated service plan and shall serve as an advocate for adults with serious mental illness, children with serious emotional disturbances, other individuals with mental illnesses or emotional problems, and individuals with combined mental illness substance abuse disorders.

(d) If the department's action is not in conformance with the council's advice, the department shall provide a written explanation of its position to the council.

(e) The council shall prepare and submit an annual report to the governor and the legislature on implementation of the [state] statewide comprehensive integrated service plan. The report presented to the legislature shall be submitted at least ten days prior to the convening of each regular session."

SECTION 4. Section 334-11, Hawaii Revised Statutes, is amended to read as follows:

"§334-11 Service area boards. (a) A service area board shall be established to advise each service area [center.] administrator. Each board shall consist of nine members appointed by the governor, who shall serve for terms to be determined by the governor. After the initial appointees, the governor shall fill each vacancy on a board by appointing a member from a list of four persons submitted by that board, except that, if the board is unable to achieve a quorum at two consecutive meetings called for the purpose of making such a list, the list may be provided by a group of at least seven service area consumers and nonproviders of mental health services. This group shall consist of all board members willing to participate in making the list and other area consumers and nonproviders of mental health services to be selected by the service area board chairperson and service area [center chief.] administrator. Any meeting called for the purpose of making the list shall be subject to part I of chapter 92. The members of the board shall be service area residents, who are consumers or nonproviders of mental health services and service area providers with a majority being non-state employees and nonproviders of mental health or other health services.

Each board shall elect a chairperson from among its members. All members shall serve without compensation but shall be paid their necessary expenses in attending meetings of the board.

(b) Each service area [center] administrator and board, in consultation with public and private providers, shall participate in the development of comprehensive integrated service area plans and budgets. Each board shall advise [its center] the service area administrator about service area needs to prevent and treat mental or emotional disorders, combined mental illness substance abuse disorders, and persons afflicted by these disorders, and provide advice, guidance, and recommendations to both the advisory commission on drug abuse and controlled substances, section 329-2, and the state council on mental health, section 334-10, as they deem appropriate.

(c) If a [center chief's] service area administrator's actions are not in conformance with the board’s planning decisions, the [center chief] service area administrator shall provide a written explanation to the board.""

SECTION 2. SB 1362 SD2 is amended by renumbering sections 2, 3, 4, and 5.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Offered by:

( ) Carried

 

( ) Failed to Carry

 

( ) Withdrawn