HB-5126, As Passed Senate, September 30, 2009

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5126

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 226 (MCL 330.1226), as amended by 2004 PA 497.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 226. (1) The board of a community mental health services

 

program shall do all of the following:

 

     (a) Annually conduct a needs assessment to determine the

 

mental health needs of the residents of the county or counties it

 

represents and identify public and nonpublic services necessary to

 

meet those needs. Information and data concerning the mental health

 

needs of individuals with developmental disability, serious mental

 

illness, and serious emotional disturbance shall be reported to the

 

department in accordance with procedures and at a time established

 

by the department, along with plans to meet identified needs. It is

 


the responsibility of the community mental health services program

 

to involve the public and private providers of mental health

 

services located in the county or counties served by the community

 

mental health program in this assessment and service identification

 

process. The needs assessment shall include information gathered

 

from all appropriate sources, including community mental health

 

waiting list data and school districts providing special education

 

services.

 

     (b) Annually review and submit to the department a needs

 

assessment report, annual plan, and request for new funds for the

 

community mental health services program. The standard format and

 

documentation of the needs assessment, annual plan, and request for

 

new funds shall be specified by the department.

 

     (c) In the case of a county community mental health agency,

 

obtain approval of its needs assessment, annual plan and budget,

 

and request for new funds from the board of commissioners of each

 

participating county before submission of the plan to the

 

department. In the case of a community mental health organization,

 

provide a copy of its needs assessment, annual plan, request for

 

new funds, and any other document specified in accordance with the

 

terms and conditions of the organization's inter-local agreement to

 

the board of commissioners of each county creating the

 

organization. In the case of a community mental health authority,

 

provide a copy of its needs assessment, annual plan, and request

 

for new funds to the board of commissioners of each county creating

 

the authority.

 

     (d) Submit the needs assessment, annual plan, and request for

 


new funds to the department by the date specified by the

 

department. The submission constitutes the community mental health

 

services program's official application for new state funds.

 

     (e) Provide and advertise a public hearing on the needs

 

assessment, annual plan, and request for new funds before providing

 

them to the county board of commissioners.

 

     (f) Submit to each board of commissioners for their approval

 

an annual request for county funds to support the program. The

 

request shall be in the form and at the time determined by the

 

board or boards of commissioners.

 

     (g) Annually approve the community mental health services

 

program's operating budget for the year.

 

     (h) Take those actions it considers necessary and appropriate

 

to secure private, federal, and other public funds to help support

 

the community mental health services program.

 

     (i) Approve and authorize all contracts for the provision of

 

services.

 

     (j) Review and evaluate the quality, effectiveness, and

 

efficiency of services being provided by the community mental

 

health services program. The board shall identify specific

 

performance criteria and standards to be used in the review and

 

evaluation. These shall be in writing and available for public

 

inspection upon request.

 

     (k) Subject to subsection (3), appoint an executive director

 

of the community mental health services program who meets the

 

standards of training and experience established by the department.

 

     (l) Establish general policy guidelines within which the

 


executive director shall execute the community mental health

 

services program.

 

     (m) Require the executive director to select a physician, a

 

registered professional nurse with a specialty certification issued

 

under section 17210 of the public health code, 1978 PA 368, MCL

 

333.17210, or a licensed psychologist to advise the executive

 

director on treatment issues.

 

     (2) A community mental health services program may do all of

 

the following:

 

     (a) Establish demonstration projects allowing the executive

 

director to do 1 or both of the following:

 

     (i) Issue a voucher to a recipient in accordance with the

 

recipient's plan of services developed by the community mental

 

health services program.

 

     (ii) Provide funding for the purpose of establishing revolving

 

loans to assist recipients of public mental health services to

 

acquire or maintain affordable housing. Funding under this

 

subparagraph shall only be provided through an agreement with a

 

nonprofit fiduciary.

 

     (b) Carry forward any surplus of revenue over expenditures

 

under a capitated managed care system. Capitated payments under a

 

managed care system are not subject to cost settlement provisions

 

of section 236.

 

     (c) Carry forward the operating margin up to 5% of the

 

community mental health services program's state share of the

 

operating budget for the fiscal years ending September 30, 2005,

 

2006, 2007, and 2008 2009, 2010, and 2011. As used in this

 


subdivision, "operating margin" means the excess of state revenue

 

over state expenditures for a single fiscal year exclusive of

 

capitated payments under a managed care system. In the case of a

 

community mental health authority, this carryforward is in addition

 

to the reserve accounts described in section 205(4)(h).

 

     (d) Pursue, develop, and establish partnerships with private

 

individuals or organizations to provide mental health services.

 

     (e) Share the costs or risks, or both, of managing and

 

providing publicly funded mental health services with other

 

community mental health services programs through participation in

 

risk pooling arrangements, reinsurance agreements, and other joint

 

or cooperative arrangements as permitted by law.

 

     (3) In the case of a county community mental health agency,

 

the initial appointment by the board of an individual as executive

 

director is effective unless rejected by a 2/3 vote of the county

 

board of commissioners within 15 calendar days.

 

     (4) A community mental health services program that has

 

provided assisted outpatient treatment services during a fiscal

 

year may be eligible for reimbursement if an appropriation is made

 

for assisted outpatient treatment services for that fiscal year.

 

The reimbursement described in this subsection is in addition to

 

any funds that the community mental health services program is

 

otherwise eligible to receive for providing assisted outpatient

 

treatment services.