AL
Alabama House Bill HB197

Alabama 2024 Regular Session

Alabama House Bill HB197 Compare Versions

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33 HB197
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55 By Representatives Brown, Oliver, Starnes, Jackson, Jones,
6-Robertson, Sellers, Crawford, Rehm, Wood (R), Smith, Paschal,
7-Hill, Carns
6+Rogers, Robertson, Sellers, Crawford, Rehm, Wood (R), Smith,
7+Paschal, Hill, Carns
88 RFD: Military and Veterans Affairs
99 First Read: 20-Feb-24
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16-7 HB197 Engrossed
16+7 QPGN151-1 02/08/2024 MAP (L)ma 2023-2832
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1818 First Read: 20-Feb-24
19+SYNOPSIS:
20+This bill would authorize the Alabama Department
21+of Veterans Affairs to establish and operate a
22+statewide integrated health care system dedicated to
23+Alabama veterans and their immediate family members,
24+consisting of comprehensive in-patient facilities and
25+outpatient clinics to address the health care needs
26+affecting Alabama veterans.
1927 A BILL
2028 TO BE ENTITLED
2129 AN ACT
22-Relating to the Alabama Department of Mental Health; to
23-add Chapter 58 of Title 22, Code of Alabama 1975; to require
24-the Alabama Department of Mental Health to work
25-collaboratively with the Alabama Department of Veterans
26-Affairs to develop a comprehensive plan to address Alabama
27-veterans' behavioral health needs and to provide funding of
28-certain programs addressing specific behavioral health needs.
30+Relating to the Department of Veterans Affairs; to add
31+Chapter 5B to Title 31, Code of Alabama 1975, to authorize the
32+Department of Veterans Affairs to establish and operate a
33+statewide integrated health care system dedicated to Alabama
34+veterans and their immediate families.
2935 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30-Section 1. Chapter 58 is added to Title 22, Code of
36+Section 1. Chapter 5B is added to Title 31, Code of
3137 Alabama 1975, to read as follows:
32-Chapter 58
33-§22-58-1
38+§31-5B-1
3439 As used in this chapter, the following terms have the
3540 following meanings:
36-(1) ADMH. The Alabama Department of Mental Health.
37-(2) ADMH COMMISSIONER. The Commissioner of the Alabama
38-Department of Mental Health.
39-(3) ADVA. The Alabama Department of Veterans Affairs.
40-(4) ADVA COMMISSIONER. The Commissioner of the Alabama
41-Department of Veterans Affairs.
42-(5) BEHAVIORAL HEALTH CARE. The prevention, diagnosis,
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72-(5) BEHAVIORAL HEALTH CARE. The prevention, diagnosis,
73-and treatment of mental health conditions, substance use
74-disorders, and behavioral health crisis.
75-(6) COMPREHENSIVE PLAN. The comprehensive plan
76-established pursuant to this chapter, as may be amended from
77-time to time, to address the behavioral health needs of
78-veterans as a supplement to services already offered in
79-Alabama.
80-(7) PTSD. Post traumatic stress disorder.
81-(8) RECOVERY. A process of change through which
82-individuals improve their health and wellness, live a
83-self-directed life, and strive to reach their full potential.
84-(9) TRAUMATIC BRAIN INJURY or TBI. An injury to the
85-brain caused by a forceful bump, blast, or jolt to the head or
86-body, or from an object that pierces the skull and enters the
87-brain, which can be the result of external forces, including,
88-but not limited to, assault or motor vehicle collisions.
89-(10) VETERAN. Any current resident of the state who:
90-a. Served in the active military, naval, air, or space
91-forces of the United States who was discharged or released
92-under conditions other than dishonorable;
93-b. Is or was a member of the Army National Guard or Air
94-National Guard who was discharged or released from service
95-under conditions other than dishonorable; or
96-c. Is or was a member of the reserve component of the
97-Armed Forces who was discharged or released from service under
98-conditions other than dishonorable.
99-§22-58-2
100-The Legislature finds the following:
70+following meanings:
71+(1) BOARD. The State Board of Veterans Affairs.
72+(2) COMMISSIONER. The Chief Executive Officer of the
73+State Department of Veterans Affairs.
74+(3) DEPARTMENT. The Alabama Department of Veterans
75+Affairs.
76+(4) PLAN. The comprehensive plan, as may be amended
77+from time to time, of the Alabama Department of Veterans
78+Affairs to establish and operate a statewide integrated health
79+care system dedicated to Alabama veterans and their immediate
80+families to deliver primary care, behavioral health care, and
81+social services.
82+(5) VETERAN.
83+a. Any individual who served in the active military,
84+naval, air, or space forces of the United States who was
85+discharged or released under conditions other than
86+dishonorable.
87+b. Any individual who is entitled, under Title 10
88+U.S.C. Chapter 1223, to retired pay for nonregular service or,
89+but for age, would be entitled under that chapter to retired
90+pay for nonregular service.
91+§31-5B-2
92+The department, acting through its board and its
93+commissioner, shall establish an integrated health care system
94+dedicated to Alabama veterans and their immediate families to
95+provide coordination of care in primary care, behavioral
96+health care, and social services.
97+(1) The department shall create and implement a
98+comprehensive plan to deliver primary care, behavioral health
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130-The Legislature finds the following:
131-(1) ADMH is the state's lead agency for this act, as
132-well as the expert in the following areas:
133-a. Knowledge and expertise in behavioral health care
134-services.
135-b. Certifications and implementation of the Certified
136-Community Behavioral Health Clinic (CCBHC) model.
137-c. State and national standards of behavioral health
138-care, treatment, and services.
139-d. Infrastructure and best practices needed to
140-implement behavioral health care treatment, recovery, and
141-prevention services.
142-(2) ADVA is the state's expert in the following areas:
143-a. Military experience and culture.
144-b. Relationships and trust with Alabama veterans.
145-c. Knowledge of veterans' state and federal benefits
146-and resources.
147-d. Types of support needed for veterans to reintegrate
148-into civilian life.
149-§22-58-3
150-(a) The Veterans Mental Health Steering Committee is
151-established. The purpose of the committee is to develop a
152-comprehensive plan to address the behavioral health needs of
153-Alabama veterans.
154-(b) The committee shall include the following
155-individuals:
156-(1) The ADMH Commissioner, or his or her designee. The
157-ADMH Commissioner shall chair of the committee.
158-(2) The ADVA Commissioner, or his or her designee. The
128+comprehensive plan to deliver primary care, behavioral health
129+care, and social services to veterans statewide and to
130+establish programs and priorities for organizational and
131+administrative purposes in accordance with the plan.
132+(2) The department shall establish, supervise, and
133+coordinate standards for all operations and activities
134+necessary or required to develop and deliver integrated
135+primary care, behavioral health care, and social services to
136+veterans in accordance with the plan and may do all of the
137+following:
138+a. Adopt rules and policies to carry out its duties in
139+accordance with the plan.
140+b. Receive and administer any funds available from any
141+federal, state, or private source for the purpose of
142+delivering services to veterans in accordance with the plan.
143+c. Acquire, receive, take title to, purchase, gift,
144+lease, devise or otherwise, to hold, keep, and develop, and to
145+transfer, convey, lease, assign, or otherwise dispose of
146+property of every kind and character, and any and every
147+interest therein, to or from any individual or organization.
148+d. Undertake and to make or cause to be made, either
149+singly or in conjunction or cooperation with others,
150+appropriate studies, surveys, arrangements, undertakings, and
151+construction designs and plans, and supervision relating to,
152+directly or indirectly, the restoration, renovation,
153+improvement, or maintenance of any property for the purpose of
154+implementing any portion of the plan.
155+e. Make, enter into, and execute contracts, agreements,
156+leases, and other legal arrangements, and to take any other
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188-(2) The ADVA Commissioner, or his or her designee. The
189-ADVA Commissioner shall vice-chair the committee.
190-(3) The Alabama Department of Rehabilitation Services
191-Commissioner, or his or her designee.
192-(4) The Adjutant General of the Alabama National Guard,
193-or his or her designee.
194-(5) During their tenure as legislators, the lead
195-sponsor for House Bill 197 and the lead sponsor for Senate
196-Bill 135 from the 2024 Regular Legislative Session, who, upon
197-leaving the Legislature, shall be replaced by the respective
198-chairs of the Senate and House Veterans and Military Affairs
199-Committees, or their designees.
200-(6) Representatives of two veterans service
201-organizations with expertise in mental health, substance use,
202-peer support, and other culturally competent care, appointed
203-by the ADVA Commissioner, who shall serve for initial terms of
204-one year and three years, respectively.
205-(7) Representatives of one other veterans support
206-organization, appointed by the ADVA Commissioner, who shall
207-serve for an initial term of four years, respectively.
208-(8) Three mental health and substance use providers
209-certified by ADMH who also serve veterans, appointed by the
210-ADMH Commissioner, who shall serve for initial terms of one,
211-two, and three years, respectively.
212-(9) The Associate Commissioner of the ADMH Division of
213-Mental Health and Substance Abuse Services shall serve as an
214-ex-officio, non-voting member of the committee.
215-(10) The Veterans Well-Being Program Manager of the
216-ADVA shall serve as an ex-officio, non-voting member of the
186+leases, and other legal arrangements, and to take any other
187+steps and actions as may be necessary or appropriate to
188+implement any portion of the plan.
189+f. Borrow money for any purpose necessary or
190+appropriate to implement the plan.
191+g. Invest any of its funds not presently necessary for
192+operations in bonds, bills, or notes of the United States,
193+bonds of the state, and interest-bearing deposits in banks and
194+savings and loan institutions.
195+h. Provide for any insurance required or advisable in
196+the discretion of the board.
197+i. Establish and maintain reasonable minimum policies
198+and standards for the employment of professional and
199+administrative staff and the admission, diagnosis, care, and
200+treatment of patients in facilities operated in accordance
201+with the plan.
202+j. Establish and maintain reasonable minimum standards
203+for the maintenance and preservation of patient records,
204+including minimum standards for maintaining patient
205+confidentiality, in facilities operated in accordance with the
206+plan.
207+k. Enter into contracts with any person, state or
208+federal agency, or organization capable of contracting for
209+equipment, goods, and services necessary to carry out the
210+terms of the plan.
211+l. Cooperate with the United States and any federal
212+agency, including the United States Department of Veterans
213+Affairs, and the State of Alabama, and any county or
214+municipality of the state, to make and enter into contracts
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246-ADVA shall serve as an ex-officio, non-voting member of the
247-committee.
248-(11) The Governor or his or her designee.
249-(12) The Lieutenant Governor or his or her designee.
250-(13) The Speaker of the Alabama House of
251-Representatives or his or her designee.
252-(14) The President Pro Tempore of the Senate, or his or
253-her designee.
254-(15) The minority leaders of the House of
255-Representatives and the Senate, or their designees.
256-(c) All appointing authorities shall coordinate their
257-appointments so that diversity of gender, race, and
258-geographical areas are reflective of the makeup of this state.
259-To the extent practicable, appointing authorities are
260-encouraged to prioritize appointments of service members,
261-veterans, and family members of veterans. The designee of a
262-committee member shall not be a health care provider or mental
263-health care provider.
264-(d) Meetings of the committee shall be held no less
265-than on a quarterly basis, or upon the call of the chair or a
266-majority of committee members. Appointments to the committee
267-shall be made by July 1, 2024, and the first meeting of the
268-committee shall be held by September 1, 2024. All meetings
269-shall comply with the Open Meetings Act.
270-§22-58-4
271-(a) ADMH shall work collaboratively with ADVA,
272-leveraging each other's roles, relationships, and expertise.
273-The committee shall develop a comprehensive plan in response
274-to a review of the following:
244+municipality of the state, to make and enter into contracts
245+and all manner of legal arrangements to obtain money by way of
246+loans, grants, or payments, or property, or other forms of
247+assistance as the board may deem advisable in its discretion
248+to implement the terms of the plan.
249+m. Carry out all of its functions, exercise all of its
250+powers, and conduct all of its business and affairs without
251+regard to Sections 41-16-50 through 41-16-63, or any similar
252+law pertaining to competitive bidding, which might otherwise
253+be applicable.
254+n. Create and appoint members of advisory committees as
255+needed from those leaders in primary care, behavioral health
256+care, social services, and from the public generally,
257+including veterans, to advise the department in regard to
258+plans, programs, and rules pertaining to the plan and its
259+implementation. The members of advisory committees shall be
260+entitled to be reimbursed for mileage expenses, not to exceed
261+the amount prescribed by state law.
262+Section 2. This act shall become effective on October
263+1, 2024.
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304-to a review of the following:
305-(1) The current state of Alabama veterans' mental
306-health and rates of substance use.
307-(2) Mental health, substance use, recovery, and other
308-veteran support services in Alabama.
309-(3) Needs assessments previously conducted for the
310-purpose of identifying gaps in services and support. The
311-review of needs assessments shall include qualitative and
312-quantitative feedback of post-9/11 veterans in Alabama, as
313-well as the need for additional services and coordination of
314-existing services.
315-(b) The review shall be completed by January 1, 2025.
316-(c) The committee shall consult with others, to include
317-the United States Department of Veterans Affairs and the
318-Substance Abuse and Mental Health Services Administration, as
319-appropriate, during the development of the comprehensive plan.
320-(d) ADMH shall align the comprehensive plan with state
321-and national behavioral health standards.
322-§22-58-5
323-(a) ADMH may establish pilot projects utilizing
324-existing evidence-based services certified by ADMH or
325-organizations which agree to become certified by ADMH. Pilot
326-projects shall be awarded funding by ADMH through a fair and
327-transparent request for proposal process. Pilot projects may
328-begin upon the appropriation of funds and certification of
329-projects.
330-(b) The pilot projects may include any of the
331-following:
332-(1) Eye movement desensitization and reprocessing
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362-(1) Eye movement desensitization and reprocessing
363-therapy as an evidence-based treatment for PTSD.
364-(2) TBI screenings integrated into behavioral health
365-services.
366-(3) Integrated behavioral health and primary care
367-models.
368-(4) Agencies that have successfully met the SAMHSA
369-criteria for the CCBHC model of care as certified by ADMH.
370-(c) Pilot projects shall be based on the findings of
371-the comprehensive plan.
372-§22-58-6
373-ADMH and ADVA shall present the proposed comprehensive
374-plan to the respective Veterans and Military Affairs
375-Committees of the Alabama House of Representatives and the
376-Alabama Senate for their review and input no later than April
377-1, 2025. ADMH shall then submit the proposed comprehensive
378-plan to the Governor by June 30, 2025, for review and
379-approval. The Governor shall act on the comprehensive plan no
380-later than August 31, 2025.
381-§22-58-7
382-(a) Upon approval of the Governor and subject to
383-sufficient appropriations, ADMH shall implement the
384-comprehensive plan with continued input from ADVA.
385-(b) ADMH shall contractwithmultipleentitiesto
386-implementpilotprojects as described in Section 22-58-4 and
387-provide services under this chapter. Contracts for the
388-procurement of services shall be awarded on a competitive
389-basis through a request for proposal process. Both ADMH and
390-ADVA shall work collaboratively in the review and selection of
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420-ADVA shall work collaboratively in the review and selection of
421-the proposals in a fair and transparent manner.
422-(c) ADMH and ADVA shall comply with federal ethics laws
423-in regard to its role in this chapter .
424-(d) Implementation of this chapter shall be contingent
425-upon new funds appropriated by the Legislature. Nothing in this
426-act shall require existing resources to be diverted for this
427-purpose.
428-(e) All pilot projects and services implemented under
429-this act shall comply with all requirements, including data
430-reporting and certification standards, set out by ADMH. If a
431-recipient of funds fails to meet those requirements, ADMH may
432-demand recovery of the full amount of funds awarded. Upon
433-notification of any demand, ADMH shall also notify the
434-committee outlining the rationale for taking that action.
435-(f) During the committee's regular meetings, ADMH shall
436-update the committee on the progress of the comprehensive
437-plan's implementation.
438-(g) The committee shall conduct an annual review and may
439-make formal recommendations regarding the comprehensive plan.
440-ADMH shall align these recommendations to state and national
441-behavioral health standards and submit them to the Governor for
442-approval.
443-(h) To inform this annual review, ADMH shall report
444-annually to the committee the approximate number of veterans
445-served through the pilot projects, the services provided by
446-pilot projects, and the amount of funding expended for this
447-purpose, as well as other available datapoints as determined by
448-the committee.
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478-the committee.
479-(i) Nothing in this act shall supersede or diminish the
480-existing powers enumerated to ADMH.
481-Section 2. This act shall become effective June 1,
482-2024.
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488-2024.
489-House of Representatives
490-Read for the first time and referred
491-to the House of Representatives
492-committee on Military and Veterans
493-Affairs
494-................20-Feb-24
495-Read for the second time and placed
496-on the calendar:
497- 0 amendments
498-................21-Mar-24
499-Read for the third time and passed
500-as amended
501-Yeas 103
502-Nays 0
503-Abstains 0
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505-John Treadwell
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