|
Click here to view the MHAV
Legislative Tracking Index.
Find below
1. Status of Bills
2. Status of Budget
Legislature: Bills that survived “cross-over”. See last week’s
Mid Week alert for bills that did not survive.
House bills communicated to Senate
HB
366 MHAV Monitor
Unemployment compensation; testing for controlled substances.
Status
02/19/08 Senate: Assigned C
Compensation, Unemployment
Compensation & Labor &L sub: Workers'
Summary as passed House:
Disqualifies an individual from receiving unemployment compensation
benefits if he is discharged from employment as a result of a
confirmed positive test for a nonprescribed controlled substance
conducted in a United States Department of Transportation-qualified
drug screen, conducted in accordance with an employer's bona fide
drug policy. Currently, an individual is ineligible for unemployment
benefits if he fails a drug test conducted in accordance with
scientifically recognized standards by a laboratory accredited by
the United States Department of Health and Human Services, or the
College of American Pathology, or the American Association for
Clinical Chemistry, or the equivalent.
HB
475 MHAV Support
Department of Veterans Services; mental health and rehabilitative
services.
Status
02/20/08 Senate: Reported from General
Laws and Technology with substitute (12-Y 0-N)
Summary as passed House
Requires that the Department, in cooperation with
the Department of Mental Health, Mental Retardation and Substance
Abuse Services and the Department of Rehabilitative Services, shall
establish a program to monitor and coordinate mental health and
rehabilitative services support for Virginia veterans and members of
the Virginia National Guard and Virginia residents in the Armed
Forces Reserves not in active federal service.
HB 1064 incorporated into
this bill.
HB
707 MHAV Oppose
Temporary custody orders; secure facility.
Status
02/14/08 Senate: Assigned Courts sub:
Special on Proposed Mental Health Legislation
Summary as passed House:
Provides that a person who is subject to a temporary detention order
shall remain in the custody of a law enforcement officer until the
person is either detained within a secure facility or custody has
been accepted by the appropriate personnel designated by the
facility identified in the temporary detention order.
HB
267 MHAV Monitor
Involuntary commitment; enforcement of compliance with outpatient
treatment.
Status 02/14/08
Senate: Assigned Courts sub: Special on Proposed Mental Health
Legislation
Summary as
introduced:
Allows the judge or special justice when presiding over a civil
commitment hearing to consider testimony from close family members
as to the respondent's conduct and treatment history. The bill also
allows for civil involuntary outpatient commitment for a person
whose past commitment history and psychosis diagnosis indicated that
when they are not taking their medicine they meet the involuntary
commitment standard. The measure provides for the person to be
transferred from inpatient to outpatient treatment upon a petition
and a supporting affidavit from a psychologist or psychiatrist and
allows a judge or special justice to bring a person back before him
for a hearing for material noncompliance with an outpatient
treatment order.
HB
1005 MHAV Oppose
:
Institutions of higher education; notification of mental health
treatment.
Status
02/08/08 Senate: Referred to Committee
on Education and Health
Summary as passed House
Requires the board of visitors or other governing board of any
public institution of higher education to establish policies and
procedures requiring the notification of a parent of a dependent
student when such student receives mental health treatment at the
institution's student health or counseling center and it has been
determined that there exists a substantial likelihood that, as a
result of mental illness the student will, in the near future, (i)
cause serious physical harm to himself or others as evidenced by
recent behavior or any other relevant information or (ii) suffer
serious harm due to his lack of capacity to protect himself from
harm or to provide for his basic human needs. This bill
incorporates
HB 671 (Marshall, R.G.) and
HB 1251 (Fralin).
Senate Bills communicated to House
SB
246
HAV
Monitor
:Involuntary
commitment; establishes new standard for outpatient commitment.
Status
02/14/08 House: Assigned Courts sub:
Mental Health
Summary as passed House
Involuntary commitment.
Changes the criteria for emergency custody orders, temporary
detention orders, and involuntary commitment so that a person may be
taken into emergency custody, placed under temporary detention, or
involuntarily committed where it is found that the person has a
mental illness and there exists a substantial likelihood that, as a
result of mental illness, the person will, in the near future (i)
cause serious physical harm to himself or others as evidenced by
recent behavior causing, attempting, or threatening harm, or (ii)
suffer serious harm due to substantial deterioration of his capacity
to protect himself from harm or to provide for his basic human needs
as evidenced by current circumstances. The bill also provides that a
person who meets the criteria for involuntary commitment may be
ordered to mandatory outpatient treatment if less restrictive
alternatives to involuntary inpatient treatment are appropriate and
are available, and the person has the capacity to comply with such
outpatient treatment and has agreed to abide by the treatment plan.
The director of a facility in which a person is involuntarily
committed may transfer such person to mandatory outpatient
treatment, after determining that the necessary services are
available, if such person meets the criteria for mandatory
outpatient treatment. The bill also sets forth the duties of the
community services board or behavioral health authority to monitor a
person ordered to mandatory outpatient treatment. The bill also
requires a health care provider or other provider rendering services
to a person subject to involuntary commitment proceedings to
disclose to certain entities and individuals all information
necessary and appropriate for the entities or individuals to perform
their duties related to the commitment proceedings. The bill also
authorizes a single four-hour extension of an emergency custody
order; provides that a person under a temporary detention order may
be released prior to 48 hours after the order is executed if the
person does not pose a danger to himself or others; expands those
persons qualified to perform an independent examination of a person
prior to a commitment hearing to include clinical social workers,
professional counselors, psychiatric nurse practitioners, and
clinical nurse specialists; sets forth factors that may be
considered when determining whether probable cause exists to issue
an emergency custody order or temporary detention order; and makes
several changes concerning the conduct of prescreening reports and
independent examinations and the presentation of these reports or
examinations at the required hearings.
SB67 MHAV Support
Status
02/20/08 House: Passed House BLOCK VOTE (97-Y 0-N)
Summary as
introduced:
Parental admission of minors for inpatient treatment; minors
incapable of making an informed decision.
Provides that minors 14 years of age or older who are incapable of
making an informed decision may be admitted to inpatient treatment
upon the application of a parent. The bill also defines the term
"incapable of making an informed decision."
SB297
MHAV Support
Status 01/28/08
Senate: Incorporated by Courts of Justice
(SB246-Howell)
(13-Y 0-N)
Summary as
introduced:
Veterans Services; mental health program. Requires the
Commissioner of Veterans Services to establish, in cooperation with
the Department of Mental Health, Mental Retardation and Substance
Abuse Services and the Department of Rehabilitative Services, a
comprehensive program to address the unique mental health needs of
veterans, including post-traumatic stress
VACSB Preliminary Information –
House Appropriations and Senate Finance Committee Budget Reports
House Appropriations Committee Report
DMHMRSAS
Keeping the amount of MH funding as in the Introduced Budget, the
HHR Subcommittee added the following changes:
• $33.9 M to address MH treatment needs of those in
crisis or who meet the criteria for MH treatment set forth in
legislation related to civil commitments and mentally ill criminal
defendants and jail inmates. Language directs the Commissioner to
convene a workgroup to allocate funding across services and agencies
to address the fiscal impact of new legislation and the need for
emergency services.
• $5.8 M to add 40 OP children’s clinicians, one per CSB. Language
in the House further states that these clinicians will be used to
provide treatment for those youth referred to the CSBs through FAPT
teams.
• $1.9 M GF and 8 FTEs to enhance MH oversight and training.
• $3.2 M start-up funds for MR Waiver slots.
• $200K and 1FTE to coordinate community resources for autism
services.
DMAS
• Add $30.8 M for 650 new community MR Waiver Slots for a total of
800 for the biennium.
• 3.6% rate increase for MR Waiver congregate care. ($10M, $5M each
year)
• Add $1M to exempt antidepressants and anti-anxiety meds from PDL.
(VACSB to seek some clarification on this language.)
• Language amendment to realign Medicaid rates for supported
employment.
Secretary of HHR
• Language directing the Secretary with DMHMRSAS and DSS to identify
and report on the programmatic changes needed to implement a
portable auxiliary grant for certain individuals with mental
illness. Report due to the Governor and the General Assembly by
December 1, 2008.
CSA
• Language for a workgroup to recommend ways to prepare for changes
in state and local match rates.
• Language and funding for a more gradual approach to providing
incentives for community care and developing the resources needed in
communities. (See House Item 283#2h in the House HHR Subcommittee
report.)
Department of Veterans’ Services
• $2.9M each year for the Wounded Warrior Program in conjunction
with DMHMRSAS and DRS.
General Government/Supreme Court-Savings
• Eliminate state funding for 14 Drug Courts- ($5.9M)
Compensation
• 2% salary increase for state supported employees as of 12/1/08
• Set-aside for possible increase in FY 2010
Capitol Outlay
• Use Bond Funding for capital projects, including projects for
DMHMRSAS, not specified.
• Defer CVTC and SEVTC.
Senate Finance Committee Report
DMHMRSAS
• $42M almost as allocated in the Introduced Budget, with slight
reductions in licensing and accountability staffing.
• $100K to coordinate community resources for autism services.
• $500K each year for Wounded Warrior Program.
• Language for report on community housing.
• Language for standardized reporting system for CSBs.
• Language for report on availability of psychiatrists in Virginia.
• Language for MH funding reporting requirements.
• $328K for involuntary commitment of minors.
(Half-sheets for these language amendments were not available at the
time this report was written.)
DMAS
• Add $1M to exempt antidepressants and antipsychotic meds from PDL.
(VACSB to seek some clarification on this language.)
• Language amendment to realign Medicaid rates for supported
employment.
Secretary of HHR
• Language directing the Secretary with DMHMRSAS and DSS to identify
and report on the programmatic changes needed to implement a
portable auxiliary grant for certain individuals with mental
illness. Report due to the Governor and the General Assembly by
December 1, 2008.
CSA
• Language for a workgroup to recommend ways to prepare for changes
in state and local match rates.
• Language and funding for a more gradual approach to providing
incentives for community care and developing the resources needed in
communities. (See Senate Item 283#1s in the Senate HHR Subcommittee
report.)
Compensation
• 2.5% salary increase for state and state supported employees in FY
2010
Capitol Outlay
• Use Bond Funding for projects, including ESH and the facility for
Behavioral Rehabilitation (sexual predator program).
·
$33.9 M to address MH treatment needs of those in crisis or who meet
the criteria for MH treatment set forth in legislation related to
civil commitments and mentally ill criminal defendants and jail
inmates. Language directs the Commissioner to convene a workgroup
to allocate funding across services and agencies to address the
fiscal impact of new legislation and the need for emergency
services.
·
$5.8 M to add 40 OP children’s clinicians, one per CSB. Language in
the House further states that these clinicians will be used to
provide treatment for those youth referred to the CSBs through FAPT
teams.
·
$1.9 M GF and 8 FTEs to enhance MH oversight and training.
·
$3.2 M start-up funds for MR Waiver slots.
·
$200K and 1FTE to coordinate community resources for autism
services. |
"Cast from shackles which bound them, this bell shall ring out
hope for the mentally ill and victory over mental illness."