May 7, 2008, Introduced by Reps. Meadows, Meisner, Miller, Kathleen Law, Amos, Simpson, Leland, Robert Jones, Vagnozzi, Jackson, Young, Byrnes, Rick Jones, Green, Polidori, Gonzales, Clack, Garfield and Wenke and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 116 and 208 (MCL 330.1116 and 330.1208),
section 116 as amended by 1998 PA 67 and section 208 as amended by
1995 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 116. (1) Consistent with section 51 of article IV of the
state constitution of 1963, which declares that the health of the
people of the state is a matter of primary public concern, and as
required by section 8 of article VIII of the state constitution of
1963, which declares that services for the care, treatment,
education, or rehabilitation of those who are seriously mentally
disabled shall always be fostered and supported, the department
shall continually and diligently endeavor to ensure that adequate
and appropriate mental health services are available to all
citizens throughout the state. To this end, the department shall
have the general powers and duties described in this section.
(2) The department shall do all of the following:
(a) Direct services to individuals who have a serious mental
illness, developmental disability, or serious emotional
disturbance. The department shall give priority to any of the
following: services:
(i) Services for individuals with a diagnosis of schizophrenia,
schizoaffective disorder, bipolar disorder, major depression,
obsessive compulsive disorder, delusional disorder, psychotic
disorder not attributable to general medical condition, or
borderline personality disorder, including any of the preceding co-
occurring with substance use disorder.
(ii) Services for individuals with a serious mental illness or
serious emotional disturbance whose level of functioning is
determined to be severely impaired based on a department-approved
instrument for measuring severity of condition.
(iii) Services for individuals with
the most severe forms of
serious
mental illness, serious emotional disturbance, or
developmental disability.
(iv) (ii) Services
for individuals with serious mental illness,
serious emotional disturbance, or developmental disability who are
in urgent or emergency situations.
(b)
Administer the provisions of chapter 2 so as to promote
and maintain an adequate and appropriate system of community mental
health services programs throughout the state. In the
administration
of chapter 2, it shall be the is
the department's
objective
of the department to shift primary responsibility for the
direct delivery of public mental health services from the state to
a community mental health services program whenever the community
mental health services program has demonstrated a willingness and
capacity to provide an adequate and appropriate system of mental
health services for the citizens of that service area.
(c) Engage in planning for the purpose of identifying,
assessing, and enunciating the mental health needs of the state.
(d) Submit to the members of the house and senate standing
committees and appropriation subcommittees with legislative
oversight of mental health matters an annual report summarizing its
assessment of the mental health needs of the state and
incorporating information received from community mental health
services programs under section 226. The report shall include an
estimate of the cost of meeting all identified needs. Additional
information shall be made available to the legislature upon
request.
(e) Endeavor to develop and establish arrangements and
procedures for the effective coordination and integration of all
public mental health services, and for effective cooperation
between public and nonpublic services, for the purpose of providing
a unified system of statewide mental health care.
(f) Review and evaluate the relevance, quality, effectiveness,
and efficiency of mental health services being provided by the
department and assure the review and evaluation of mental health
services provided by community mental health services programs. The
department shall establish and implement a structured system to
provide data necessary for the reviews and evaluations.
(g) Implement those provisions of law under which it is
responsible for the licensing or certification of mental health
facilities or services.
(h) Establish standards of training and experience for
executive directors of community mental health services programs.
(i) Support research activities.
(j) Support evaluation and quality improvement activities.
(k) Support training, consultation, and technical assistance
regarding mental health programs and services and appropriate
prevention and mental health promotion activities, including those
that are culturally sensitive, to employees of the department,
community mental health services programs, and other nonprofit
agencies providing mental health services under contract with
community mental health services programs.
(l) Support multicultural services.
(3) The department may do all of the following:
(a) Direct services to individuals who have mental disorders
that meet diagnostic criteria specified in the most recent
diagnostic and statistical manual of mental health disorders
published by the American psychiatric association and approved by
the department and to the prevention of mental disability and the
promotion of mental health. Resources that have been specifically
appropriated for services to individuals with dementia, alcoholism,
or substance abuse, or for the prevention of mental disability and
the promotion of mental health shall be utilized for those specific
purposes.
(b) Provide, on a residential or nonresidential basis, any
type of patient or client service including but not limited to
prevention, diagnosis, treatment, care, education, training, and
rehabilitation.
(c) Operate mental health programs or facilities directly or
through contractual arrangement.
(d) Institute pilot projects considered appropriate by the
director to test new models and concepts in service delivery or
mental health administration. Pilot projects may include, but need
not be limited to, both of the following:
(i) Issuance of a voucher to a recipient of public mental
health services in accordance with the recipient's individual plan
of services and guidelines developed by the department.
(ii) Establishment of 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 in accordance with
guidelines and procedures developed by the department related to
the use, issuance, and accountability of revolving loans used for
recipient housing.
(e) Enter into an agreement, contract, or arrangement with any
individual or public or nonpublic entity that is necessary or
appropriate to fulfill those duties or exercise those powers that
have by statute been given to the department.
(f) Accept gifts, grants, bequests, and other donations for
use in performing its functions. Any money or property accepted
shall be used as directed by its donor and in accordance with law
and the rules and procedures of the department.
(4) (g)
The department has any other power necessary or
appropriate to fulfill those duties and exercise those powers that
have been given to the department by law and that are not otherwise
prohibited by law.
Sec. 208. (1) Services provided by a community mental health
services program shall be directed to individuals who have a
serious mental illness, serious emotional disturbance, or
developmental disability.
(2) Services may be directed to individuals who have other
mental disorders that meet criteria specified in the most recent
diagnostic and statistical manual of mental health disorders
published by the American psychiatric association and may also be
directed to the prevention of mental disability and the promotion
of mental health. Resources that have been specifically designated
to community mental health services programs for services to
individuals with dementia, alcoholism, or substance abuse or for
the prevention of mental disability and the promotion of mental
health shall be utilized for those specific purposes.
(3)
Priority shall be given to the provision of for providing
services shall be given to individuals in any of the following
categories:
(a) Individuals with a diagnosis of schizophrenia,
schizoaffective disorder, bipolar disorder, major depression,
obsessive compulsive disorder, delusional disorder, psychotic
disorder not attributable to general medical condition, or
borderline personality disorder, including any of the preceding co-
occurring with substance use disorder.
(b) Individuals with a serious mental illness or serious
emotional disturbance whose level of functioning is determined to
be severely impaired based on a department-approved instrument for
measuring severity of condition.
(c)
Individuals with the most severe
forms of serious mental
illness,
serious emotional disturbance, and developmental
disability.
Priority shall also be given to the provision of
services
to individuals
(d) Individuals with a serious mental illness, serious
emotional disturbance, or developmental disability who are in
urgent or emergency situations.
(4) An individual shall not be denied a service because an
individual who is financially liable is unable to pay for the
service.