Regulates and restricts the reduction of the mental health census of adult homes; establishes a workgroup to study and report on transition of persons with serious mental illness to most integrated setting

Summary of provisions

Section 1 of the bill provides the legislative intent.

Section 2 of the bill provides definitions for the purposes of this act.

Section 3 of the bill provides that no state agency shall undertake any administrative active designed to limit or reduce the mental health census of an adult homes unless such administrative action provides for a number of outlined consumer protections, and clarifies which individuals and adult homes shall be affected.

Section 4 of the bill requires the Commissioners of Health and Mental Health to, within 30 days, convene a workgroup to address the transition of persons with serious mental illness into the most integrated setting appropriate for their needs; and to make recommendations and report by October 1, 2013.

Section 5 of the bill provides that there shall be no administrative actions to limit or reduce mental health beds at certain adult homes authorized to operate a certain capacity of their beds as assisted living beds until 120 days after the workgroup's report is issued.

Section 6 of the bill allows a transitional adult home to request to amend a previously submitted or approved compliance plan by December 1, 2013 to reflect recommendations made by the workgroup.

Section 7 of the bill provides for an immediate effective date.

Justification

The Department of Health adopted regulations earlier this year to limit the number of residents with serious mental illness in large adult homes. Promulgation of these regulations have raised serious concerns about where individuals will potentially be forced to move from, or prohibited from being discharged to, certain adult homes. While every effort must be made to ensure that those diagnosed with mental illness are expeditiously given the opportunity to live in the most integrated setting appropriate to their needs, it is important that individuals are provided a choice and not forced to leave their homes. Further, adequate and appropriate alternatives must be readily available before wholesale changes are made that limit current housing options. New funding and efforts to create housing alternatives are underway for this population; however they are not yet available and hospitals must be able to discharge patients to existing housing options, such as adult homes, that me less-restrictive and more-integrated than psychiatric facilities.

In response to the concerns raised, the Senate included language in its Health and Mental Hygiene Budget Bill (S.2606-C Part P) that provided some guidance with regard to administrative actions taken earlier this year. While agreement was not reached during budget negotiations on language, concerns and need for legislation remain. This bill is similar to the language included in the Senate's budget bill. It emphasizes the importance of facilitating individuals' choice, ensuring the availability of appropriate housing options, and specifying who is considered a "person with serious mental illness." It also recognizes that certain adult homes, given their authorization to operate more than half of their capacity of beds as assisted living beds, may best be subject to modified regulations --the appropriateness of which should be evaluated by stakeholders. Finally, it is important to note that this bill would not delay implementation of measures designed to ensure the State complies with federal law, but merely establishes reasonable parameters for such future actions.

This legislation would provide the important and necessary framework and oversight through which adult home residents with serious mental illness are provided the option to transition to the most integrated setting appropriate to their needs.

Legislative history

New bill, similar to S 2606-C, Part P of 2013.

Fiscal implications

None.

Effective date

Immediately.