Bill Text: MI HB4862 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Mental health; community mental health; merger of mental health and substance abuse services; provide for. Amends secs. 100a, 100b, 100c, 100d, 161, 208 & 210 of 1974 PA 258 (MCL 330.1100a et seq.) & repeals pt. 61, secs. 6201, 6203, 6205, 6207, 6209, 6211, 6213, 6215, 6217, 6221, 6222, 6223, 6226, 6228, 6231 & 6232 & pt. 65 of 1978 PA 368 (MCL 333.1101 et seq.). TIE BAR WITH: HB 4863'11
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-12-31 - Assigned Pa 500'12 With Immediate Effect 2012 Addenda [HB4862 Detail]
Download: Michigan-2011-HB4862-Introduced.html
HOUSE BILL No. 4862
July 27, 2011, Introduced by Reps. Poleski, Agema, Pscholka, Bumstead and Shirkey and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100b, 206, and 208 (MCL 330.1100b, 330.1206,
and 330.1208), section 100b as amended by 2004 PA 499 and sections
206 and 208 as amended by 1995 PA 290; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 100b. (1) "Facility" means a residential facility for the
care or treatment of individuals with serious mental illness,
serious emotional disturbance, or developmental disability that is
either a state facility or a licensed facility.
(2) "Family" as used in sections 156 to 161 means an eligible
minor and his or her parent or legal guardian.
(3) "Family member" means a parent, stepparent, spouse,
sibling, child, or grandparent of a primary consumer, or an
individual upon whom a primary consumer is dependent for at least
50% of his or her financial support.
(4) "Federal funds" means funds received from the federal
government under a categorical grant or similar program and does
not include federal funds received under a revenue sharing
arrangement.
(5) "Functional impairment" means both of the following:
(a) With regard to serious emotional disturbance, substantial
interference with or limitation of a minor's achievement or
maintenance of 1 or more developmentally appropriate social,
behavioral, cognitive, communicative, or adaptive skills.
(b) With regard to serious mental illness, substantial
interference or limitation of role functioning in 1 or more major
life activities including basic living skills such as eating,
bathing, and dressing; instrumental living skills such as
maintaining a household, managing money, getting around the
community, and taking prescribed medication; and functioning in
social, vocational, and educational contexts.
(6) "Guardian" means a person appointed by the court to
exercise specific powers over an individual who is a minor, legally
incapacitated, or developmentally disabled.
(7) "Hospital" or "psychiatric hospital" means an inpatient
program operated by the department for the treatment of individuals
with serious mental illness or serious emotional disturbance or a
psychiatric hospital or psychiatric unit licensed under section
137.
(8) "Hospital director" means the chief administrative officer
of a hospital or his or her designee.
(9) "Hospitalization" or "hospitalize" means to provide
treatment for an individual as an inpatient in a hospital.
(10) "Individual plan of services" or "plan of services" means
a
written individualized individual
plan of services developed with
a recipient as required by section 712.
(11) "Licensed facility" means a facility licensed by the
department under section 137 or an adult foster care facility.
(12) "Licensed psychologist" means a doctoral level
psychologist licensed under section 18223(1) of the public health
code, 1978 PA 368, MCL 333.18223.
(13) "Medical director" means a psychiatrist appointed under
section 231 to advise the executive director of a community mental
health services program.
(14) "Mental health professional" means an individual who is
trained and experienced in the area of mental illness or
developmental disabilities and who is 1 of the following:
(a) A physician who is licensed to practice medicine or
osteopathic medicine and surgery in this state under article 15 of
the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(b) A psychologist licensed to practice in this state under
article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
(c) A registered professional nurse licensed to practice in
this state under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(d)
Until July 1, 2005, a certified social worker registered
under
article 15 of the public health code, 1978 PA 368, MCL
333.16101
to 333.18838. Beginning July 1, 2005, a A licensed
master's social worker licensed under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(e) A licensed professional counselor licensed to practice in
this state under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(f) A marriage and family therapist licensed under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(15) "Mental health services" includes substance abuse
services.
(16) (15)
"Mental retardation"
means a condition manifesting
before the age of 18 years that is characterized by significantly
subaverage intellectual functioning and related limitations in 2 or
more adaptive skills and that is diagnosed based on the following
assumptions:
(a) Valid assessment considers cultural and linguistic
diversity, as well as differences in communication and behavioral
factors.
(b) The existence of limitation in adaptive skills occurs
within the context of community environments typical of the
individual's age peers and is indexed to the individual's
particular needs for support.
(c) Specific adaptive skill limitations often coexist with
strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the
life functioning of the individual with mental retardation will
generally improve.
(17) (16)
"Minor" means an
individual under the age of 18
years.
(18) (17)
"Multicultural services"
means specialized mental
health services for multicultural populations such as African-
Americans, Hispanics, Native Americans, Asian and Pacific
Islanders, and Arab/Chaldean-Americans.
(19) (18)
"Neglect" means an act or
failure to act committed
by an employee or volunteer of the department, a community mental
health services program, or a licensed hospital; a service provider
under contract with the department, a community mental health
services program, or a licensed hospital; or an employee or
volunteer of a service provider under contract with the department,
a community mental health services program, or a licensed hospital,
that denies a recipient the standard of care or treatment to which
he or she is entitled under this act.
Sec. 206. (1) The purpose of a community mental health
services program shall be to provide a comprehensive array of
mental health services appropriate to conditions of individuals who
are located within its geographic service area, regardless of an
individual's ability to pay. The array of mental health services
shall include, at a minimum, all of the following:
(a) Crisis stabilization and response including a 24-hour, 7-
day per week, crisis emergency service that is prepared to respond
to persons experiencing acute emotional, behavioral, or social
dysfunctions, and the provision of inpatient or other protective
environment for treatment.
(b) Identification, assessment, and diagnosis to determine the
specific needs of the recipient and to develop an individual plan
of services.
(c) Planning, linking, coordinating, follow-up, and monitoring
to assist the recipient in gaining access to services.
(d) Specialized mental health recipient training, treatment,
and support, including therapeutic clinical interactions,
socialization and adaptive skill and coping skill training, health
and rehabilitative services, and pre-vocational and vocational
services.
(e) Recipient rights services.
(f) Mental health advocacy.
(g) Substance abuse services.
(h) (g)
Prevention activities that serve to
inform and educate
with the intent of reducing the risk of severe recipient
dysfunction.
(i) (h)
Any other service approved by the
department.
(2) Services shall promote the best interests of the
individual and shall be designed to increase independence, improve
quality of life, and support community integration and inclusion.
Services for children and families shall promote the best interests
of the individual receiving services and shall be designed to
strengthen and preserve the family unit if appropriate. The
community mental health services program shall deliver services in
a manner that demonstrates they are based upon recipient choice and
involvement, and shall include wraparound services when
appropriate.
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 and to individuals who are in need of
substance abuse services.
(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 services to
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 with a serious mental illness, serious emotional
disturbance, or developmental disability 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.
Enacting section 1. Article 6 of the public health code, 1978
PA 368, MCL 333.6101 to 333.6523, is repealed.
Enacting section 2. This amendatory act takes effect 1 year
after the date this amendatory act is enacted.
