LANG-FANTIN-HOLBROOK AND BUGIELSKI.
Synopsis of Bill as introduced:
Amends the Department of Mental Health and Developmental
Disabilities Act. Provides that facilities under the jurisdiction
of the Department of Mental Health and Developmental Disabilities
(transferred to the Dept. of Human Services on July 1, 1997) shall be
subject to a site audit at least once during each 12-month period by
the Department (now each biennium by the Citizens Council on Mental
Health and Developmental Disabilities). Provides that the visit shall
determine compliance with the statutes and Department policies and
procedures (now Department policies and procedures). Provides that
visits shall be made to review and follow up on complaints made by
legislators, mental health agencies and advocates (now mental health
agencies and advocates). Provides that non-profit advocacy organiza-
tions shall have access to all facilities. Effective immediately.
HOUSE AMENDMENT NO. 1.
Deletes provisions concerning access to facilities by non-profit
advocacy organizations. Provides instead that 3 non-profit
organizations, certified by the Auditor General, shall have access to
State-operated facilities to conduct an independent assessment of the
facilities. Provides that access to the facilities shall exclude
patient records unless the recipient has permitted the examination of
his or her records under the Mental Health and Developmental
Disabilities Code. Provides that reports of the assessment shall be
provided to the Department of Mental Health and Developmental
Disabilities (or the Department of Human Services on and after July 1,
1997), the Speaker of the House of Representatives, the President of
the Senate, and others that the organizations may determine. Provides
that the assessments shall be conducted by the organizations at no
charge. Contains other provisions.
FISCAL NOTE, AMENDED (DMHDD)
There is no added direct cost to DMHDD (DHS).
STATE MANDATES FISCAL NOTE, AMENDED
In the opinion DCCA, HB 540 fails to create a State Mandate
under the State Mandates Act.
HOUSE AMENDMENT NO. 2.
Further amends the Department of Mental Health and Developmental
Disabilities Act. Provides that certified organizations shall have
access to all the State-operated facilities (now facilities).
Provides that the access excludes patient records unless the recipient
has permitted the examination of his or her records under the Mental
Health and Developmental Disabilities Confidentiality Act (now the
Mental Health and Developmental Disabilities Code). Includes the
Minority Leader of the Senate and the Minority Leader of the House of
Representatives in the list of persons who will receive reports of the
assessment conducted by the certified organizations.
SENATE AMENDMENT NO. 1.
Provides that certified organizations having access to mental
health facilities shall comply with all statutory and regulatory
provisions governing recipients' rights, confidentiality, privacy, and
safety. Provides that the Department of Mental Health and
Developmental Disabilities (after July 1, 1997, the Department of
Human Services) shall not deny certifications due to a disagreement by
the Department with positions taken by the organizations with regard
to public policy, legislation, regulation, or litigation concerning
mental health services, the operation of, or the quality of care
provided by the Department or any mental health provider.
SENATE AMENDMENT NO. 2.
Provides that the Auditor General shall certify at least (now not
more than) 3 organizations to have access to all State-operated mental
GOVERNOR'S AMENDATORY VETO MESSAGE
Recommends providing that: the Inspector General (instead of the
Auditor General) shall certify non-profit organizations to conduct
assessments of State-operated facilities; the Department of Human
Services shall adopt rules governing the organization's access to
facilities; if the Inspector General is conducting an investigation
of a facility, an organization shall defer its review until after the
investigation is completed; an organization may not be denied certi-
fication or access due to a disagreement by the Department with the
organization's position with regard to public policy, legislation,
or regulation (instead of public policy, legislation, regulation, or
litigation); an organization suing the Department, using visits to
assist litigants, or failing to comply with guidelines imposed by
the facility or rules governing access to the facility shall have
its certification revoked.
Last action on Bill: BILL DEAD-AMENDATORY VETO
Last action date: 97-10-30
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 2
END OF INQUIRY
Full Text Bill Status