SB-0713, As Passed Senate, June 12, 2014
SUBSTITUTE FOR
SENATE BILL NO. 713
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 226 (MCL 330.1226), as amended by 2009 PA 103.
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, 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.
(f) Enter into agreements with other providers or managers of
health care or rehabilitative services to foster interagency
communication, cooperation, coordination, and consultation. A
community mental health services program's activities under an
agreement under this subdivision shall be consistent with the
provisions of section 206.
(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.
Senate Bill No. 713 (S-1) as amended June 4, 2014
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.
[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]