2008 Legislative Session Summary
Bills around mental health policies:
HB 1 (Budget)
This bill provides for the ordinary operating expenses of state government for Fiscal Year 2008-2009. The bill totals $29.8 billion, for a total decrease of $4.5 billion from the prior fiscal year. Appropriations from the State General Funds increased (direct) $1 billion, Federal Funds decreased $4.6 billion, and Statutory Dedications decreased $725 million. Governor approved $89 million to support mental health care services in the state. The funding is part of a comprehensive package that works to reform our mental health care system. This bill has been signed by the governor and is effective as of July 1, 2009.
HB130 – ACT 71 by R. Jones (Mental Health court)
This bill authorizes the 4th JDC to provide that one division of the court shall be a mental health court. This bill retains prior law that authorized judges of the 4th JDC by rule adopted by a majority vote of the judges, to assign certain divisions of the court to a criminal section and certain divisions to a civil, drug court, juvenile, or other section of the court. The 4th judicial division court covers the Morehouse and Ouachita parishes. Though not written I assume mental health cases will be treated accordingly and not just as criminal cases. Therefore, this is a positive direction in the mental health reform efforts in Louisiana. This was signed by the governor and went into effect August 15, 2008.
HB 653 – ACT 153 by Labruzzo (Telemedicine)
This bill allows the actual examination of a patient conducted by a psychiatrist to be conducted by telemedicine utilizing video conferencing technology so long a health care professional can adequately and accurately assist with obtaining information is in the room. Upon completion of examination by telemedicine, it is the licensed health care provider’s responsibility to add to the emergency certificate the following information: the date, the starting and ending times, the names of all persons who were in the room, and the type of license issued to the health care professional. Also adds that the patient be medically cleared prior to admission to a mental health or a health treatment facility. An emergency certificate is legal authority to transport a mental health patient. This law authorizes that a copy of the emergency certificate is sufficient authority and the original should be deposited in U.S. mail the following day. Prior law stated that an independent examination should take place by the coroner or his deputy within 70 hours of the patient’s admission. Prior law also stated that a second emergency certificate be issued by any physician if the first was issued by a coroner or his deputy, if the first examination was done by use of telemedicine than the second must take place in person. There have been both positive and negative feedback regarding this legislation. However, it was highly favored by the legislators in session. It was argued that because there is a shortage of psychiatrist readily available in the clinics, use of telemedicine would provide on-site treatment to any individual in a crisis situation. Opposing feedback was targeted toward the crucial need for mental health patients to be addressed personally. If used properly and with reasonable discretion the use of telemedicine for mental health treatment may be a positive. This was signed by the governor and went into effect August 15, 2008.
HB 193 – ACT 717 by Katz (Medical Malpractice Coverage)
This bill provides for medical malpractice coverage for physicians who offer voluntary telemedicine services for the state. Existing law provides for medical malpractice liability coverage for a state health care provider who is performing voluntary professional services in a health care facility or institution for or on behalf of the state. This bill does effect mental health treatment because it serves as an initiative for physicians to pick up the use of telemedicine. This bill was signed by the governor and went into effect August 15, 2008.
HB 1333 – ACT 332 by Mills (Licensing of forensic facilities)
This bill provides for the licensing of forensic supervised transitional residential and aftercare facilities. Through this bill facilities will be required to apply for licensure to operate as a forensic patient treatment center. DHH has the authority to promulgate rules, regulations, and licensing standards in accordance with the APA on standards necessary to DHH. Initial licensing and renewal can cost up to 250.00 and any facility operating without licensing will be charged with a misdemeanor and dealt with accordingly. This bill will keep a close watch on forensic facilities and conditions. This bill was passed without the governor’s signature.
HB 719 – ACT 219 by Carmody (Suicide Prevention “Jason Flatt Act”)
This bill requires the BESE (State Board of Elementary and Secondary Education) to adopt guidelines for in-service training in suicide prevention. The rules must require all public school teachers, school counselors, and principals and, as determined by BESE other school administrators for whom such training is deemed beneficial to participate annually in at least two hours of in-service training in suicide prevention. This bill has been signed by the Governor and is effective upon that date.
HCR 184 by Lafonta
This concurrent resolution creates the Mental Health Care Improvement Task Force to study mental health issues and develop a state plan. The executive director of Mental Health America of LA as well as, the secretary of DHH, the president of LSU system, the chairman of the LA mental health planning council, the assistant secretary of the office of mental health/DHH, the president of the LA state medical society, the executive director of the LA psychiatric medical association, and the president of the LA AFL-CIO will report to the house and senate committees on health and welfare no later than April 1, 2009 to present a specific plan on how to best the recommendations found in the Louisiana Plan to access for Mental Health Care. This resolution has been filed with he secretary of state.
HR 102 by Katz (Privatization of Forensic facilities)
This resolution directs the Department of Health and Hospitals to study the privatization of certain psychiatric forensic facilities. This resolution directs DHH to study whether it is feasible to contract with a private contractor to provide forensic psychiatric services for any new forensic psychiatric beds created and to report its findings to the house and senate committee on health and welfare no later than Feb. 1, 2009. This resolution has been filed with the secretary of state.
SB 182 – ACT 407 by Gray (Assistive Outpatient treatment)
This bill provides for assistive outpatient placement. This bill outlines the terms and conditions under which an individual is subject to involuntary outpatient mental health treatment. This bill serves a standards for individuals to be placed in treatment instead of booked in jail. This bill was signed by the governor and is effective as of August 15, 2008.
SB228 – ACT 447 by Heitmeier (Crisis receiving centers)
This bill provides for standards for crisis receiving centers. This law defines crisis receiving centers as an agency, institution, society, corporation, person or persons, or any other group licensed by DHH to provide crisis identification, intervention, and stabilization services for people in behavioral crisis. Crisis receiving centers will receive, examine, triage, refer, or treat people in behavioral health crisis. This law requires for each human service district, authority, or region of the department of DHH to develop a crisis response system. This bill has been signed by the governor and is effective.
SCR 78 by Gray (Substance Abuse and Mental Health Caucus)
This concurrent resolution expresses legislative support for the creation of a joint legislative Substance Abuse and Mental Health Caucus.
This resolution has been filed with the Secretary of State
Mental Health Bills that failed to pass or vetoed:
HB 76 by Badon (Firearms)
This bill was relative to firearm background checks and reporting of certain information to the FBI. Referred to the committee on Administration and welfare, this bill was reported with amendments and scheduled for floor debate after passing the third reading. Unfortunately, the bill was returned to the calendar and never discussed before adjournment.
HB 862 by Richmond (Mental Health data registry)
This bill would have established a mental health registry within the DHH. This bill was referred to the committee on health and welfare but did not get any further.
HB1385 by Jackson (Mental Health Access Committee)
Proposed law would have established the Mental Health Access Committee within DHH. The Committee would make recommendations specific to revised reimbursement methodology for community mental health clinics, study the certification and licensing criteria of Medicare-certified community mental health centers to be enrolled as community mental health clinics, and develop a needs assessment for the expansion of mental health services in the state beyond what is currently provided by community mental health clinics. The following is from the veto message:
“While I agree with the benefit of multi-disciplinary input into the Medicaid program, I do not believe an advisory committee for such a narrow purpose, and without any expiration, should be placed in statute, particularly as it potentially relates to a Medicaid rate issue.” “For this reason I have vetoed HB 1385……I has issued executive order # BJ 2008-24, which will serve to carry out this bill’s intent.”
SB 535 by Cassidy
This law required the by Jan, 1, 2010 any group, blanket or association health insurance policy issued to an employer with fewer than 50 employees to include coverage for the treatment of mental illness, alcoholism, and drug abuse. Although the bill passed committee with amendments, it failed to pass the senate floor by a vote of 13 yeas and 24 nays.