Full Text of HB1321 102nd General Assembly
HB1321ham002 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 4/5/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1321
| 2 | | AMENDMENT NO. ______. Amend House Bill 1321 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the First | 5 | | Responder Mental Health Grant Program Act. | 6 | | Section 5. Legislative intent. | 7 | | (a) The General Assembly recognizes the difficult nature | 8 | | of the job of first responder, including trauma endured by | 9 | | first responders in the performance of their duties. | 10 | | (b) It is the intent of the General Assembly to ensure that | 11 | | first responders, including police, firefighters, emergency | 12 | | medical technicians, and public safety telecommunicators | 13 | | across this State have full access to supportive and | 14 | | responsive behavioral health services and treatment. | 15 | | (c) The General Assembly recognizes that these services | 16 | | should be responsive to the individual's needs and must be |
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| 1 | | kept confidential. | 2 | | (d) The General Assembly recognizes that the | 3 | | administration and provision of these services both recognize | 4 | | and reduce the historical barrier of stigma and a lack of | 5 | | confidentiality that first responders face when attempting to | 6 | | access behavioral health services and treatment.
| 7 | | Section 10. Definitions. In this Act: | 8 | | "Behavioral health" means mental health, health relating | 9 | | to substance use, or both. | 10 | | "Behavioral health care" means services, treatment, | 11 | | medication, and other measures to overcome, mitigate, or | 12 | | prevent a behavioral health issue. These services, treatment, | 13 | | medication, and other measures qualify as "behavioral health | 14 | | care" even if there is no formal diagnosis of a specific | 15 | | condition. | 16 | | "Department" means the Department of Human Services. | 17 | | "First responder" means a law enforcement officer, | 18 | | firefighter, emergency medical services personnel as defined | 19 | | in Section 3.5 of the Emergency Medical Services (EMS) Systems | 20 | | Act, or public safety telecommunicator as defined in Section 2 | 21 | | of the Emergency Telephone Systems Act. | 22 | | "Record" means any record kept by a therapist or by an | 23 | | agency in the course of providing behavioral health care to a | 24 | | first responder concerning the first responder and the | 25 | | services provided. "Record" includes the personal notes of the |
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| 1 | | therapist or agency. "Record" includes all records maintained | 2 | | by a court that have been created in connection with, in | 3 | | preparation for, or as a result of the filing of any petition | 4 | | or certificate under Chapter II, Chapter III, or Chapter IV of | 5 | | the Mental Health and Developmental Disabilities Code and | 6 | | includes the petitions, certificates, dispositional reports, | 7 | | treatment plans, and reports of diagnostic evaluations and of | 8 | | hearings under Article VIII of Chapter III or under Article V | 9 | | of Chapter IV of that Code. "Record" does not include | 10 | | information that has been de-identified in accordance with | 11 | | HIPAA, as specified in 45 CFR 164.514. "Record" does not | 12 | | include a reference to the receipt of behavioral health care | 13 | | noted during a patient history and physical or other summary | 14 | | of care. | 15 | | Section 15. First Responder Behavioral Health Grant | 16 | | Program. | 17 | | (a) Subject to appropriation, there is created within the | 18 | | Department of Human Services a First Responder Behavioral | 19 | | Health Grant Program to provide grants to the following | 20 | | recipients: | 21 | | (1) units of local government; | 22 | | (2) law enforcement agencies; | 23 | | (3) fire protection districts; | 24 | | (4) school districts; | 25 | | (5) public or private hospitals; or |
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| 1 | | (6) ambulance services that employ first responders. | 2 | | (b) There is created a First Responder Behavioral Health | 3 | | Grant Fund in the State treasury that shall be used by the | 4 | | Secretary of Human Services to make grants to the eligible | 5 | | recipients as provided in subsection (a). | 6 | | (c) Recipients eligible for grants under this Section | 7 | | shall use the grants for expenses related to behavioral health | 8 | | care services for first responders, including, but not limited | 9 | | to, telehealth services. An employer may not reduce behavioral | 10 | | health care provided through a first responder's employee | 11 | | benefit package as a result of the receipt of grant funds under | 12 | | this Act. | 13 | | (d) All records, notes, and conclusions by a treatment | 14 | | provider providing behavioral health care to first responders | 15 | | whose employers receive grants under this Act shall not be | 16 | | shared with the employer unless otherwise mandated by law. | 17 | | (e) Applicants seeking grants under this Act shall apply | 18 | | to the Department in a form and manner prescribed by the | 19 | | Department. | 20 | | (f) The Department may adopt any rules necessary to | 21 | | implement this Act.".
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