SB135ENROLLED Page 0 SB135 GQHQCCC-3 By Senators Jones, Chesteen, Butler, Kelley, Stewart, Coleman-Madison, Coleman, Barfoot RFD: Veterans and Military Affairs First Read: 20-Feb-24 1 2 3 4 5 6 SB135 Enrolled Page 1 First Read: 20-Feb-24 Enrolled, An Act, Relating to the Alabama Department of Mental Health; to add Chapter 58 of Title 22, Code of Alabama 1975; to require the Alabama Department of Mental Health to work collaboratively with the Alabama Department of Veterans Affairs to develop a comprehensive plan to address Alabama veterans' behavioral health needs and to provide funding of certain programs addressing specific behavioral health needs. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Chapter 58 is added to Title 22, Code of Alabama 1975, to read as follows: Chapter 58 §22-58-1 As used in this chapter, the following terms have the following meanings: (1) ADMH. The Alabama Department of Mental Health. (2) ADMH COMMISSIONER. The Commissioner of the Alabama Department of Mental Health. (3) ADVA. The Alabama Department of Veterans Affairs. (4) ADVA COMMISSIONER. The Commissioner of the Alabama Department of Veterans Affairs. (5) BEHAVIORAL HEALTH CARE. The prevention, diagnosis, and treatment of mental health conditions, substance use disorders, and behavioral health crisis. (6) COMPREHENSIVE PLAN. The comprehensive plan established pursuant to this chapter, as may be amended from time to time, to address the behavioral health needs of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB135 Enrolled Page 2 time to time, to address the behavioral health needs of veterans as a supplement to services already offered in Alabama. (7) PTSD. Post traumatic stress disorder. (8) RECOVERY. A process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. (9) TRAUMATIC BRAIN INJURY or TBI. An injury to the brain caused by a forceful bump, blast, or jolt to the head or body, or from an object that pierces the skull and enters the brain, which can be the result of external forces, including, but not limited to, assault or motor vehicle collisions. (10) VETERAN. Any current resident of the state who: a. Served in the active military, naval, air, or space forces of the United States who was discharged or released under conditions other than dishonorable; b. Is or was a member of the Army National Guard or Air National Guard who was discharged or released from service under conditions other than dishonorable; or c. Is or was a member of the reserve component of the Armed Forces who was discharged or released from service under conditions other than dishonorable. §22-58-2 The Legislature finds the following: (1) ADMH is the state's lead agency for this act, as well as the expert in the following areas: a. Knowledge and expertise in behavioral health care services. b. Certifications and implementation of the Certified 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB135 Enrolled Page 3 b. Certifications and implementation of the Certified Community Behavioral Health Clinic (CCBHC) model. c. State and national standards of behavioral health care, treatment, and services. d. Infrastructure and best practices needed to implement behavioral health care treatment, recovery, and prevention services. (2) ADVA is the state's expert in the following areas: a. Military experience and culture. b. Relationships and trust with Alabama veterans. c. Knowledge of veterans' state and federal benefits and resources. d. Types of support needed for veterans to reintegrate into civilian life. §22-58-3 (a) The Veterans Mental Health Steering Committee is established. The purpose of the committee is to develop a comprehensive plan to address the behavioral health needs of Alabama veterans. (b) The committee shall include the following individuals: (1) The ADMH Commissioner, or his or her designee. The ADMH Commissioner shall chair of the committee. (2) The ADVA Commissioner, or his or her designee. The ADVA Commissioner shall vice-chair the committee. (3) The Alabama Department of Rehabilitation Services Commissioner, or his or her designee. (4) The Adjutant General of the Alabama National Guard, or his or her designee. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB135 Enrolled Page 4 or his or her designee. (5) During their tenure as legislators, the lead sponsor for House Bill 197 and the lead sponsor for Senate Bill 135 from the 2024 Regular Legislative Session, who, upon leaving the Legislature, shall be replaced by the respective chairs of the Senate and House Veterans and Military Affairs Committees, or their designees. (6) Representatives of two veterans service organizations with expertise in mental health, substance use, peer support, and other culturally competent care, appointed by the ADVA Commissioner, who shall serve for initial terms of one year and three years, respectively. (7) Representatives of one other veterans support organization, appointed by the ADVA Commissioner, who shall serve for an initial term of four years, respectively. (8) Three mental health and substance use providers certified by ADMH who also serve veterans, appointed by the ADMH Commissioner, who shall serve for initial terms of one, two, and three years, respectively. (9) The Associate Commissioner of the ADMH Division of Mental Health and Substance Abuse Services shall serve as an ex-officio, non-voting member of the committee. (10) The Veterans Well-Being Program Manager of the ADVA shall serve as an ex-officio, non-voting member of the committee. (11) The Governor or his or her designee. (12) The Lieutenant Governor or his or her designee. (13) The Speaker of the Alabama House of Representatives or his or her designee. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SB135 Enrolled Page 5 Representatives or his or her designee. (14) The President Pro Tempore of the Senate, or his or her designee. (15) The minority leaders of the House of Representatives and the Senate, or their designees. (c) All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas are reflective of the makeup of this state. To the extent practicable, appointing authorities are encouraged to prioritize appointments of service members, veterans, and family members of veterans. The designee of a committee member shall not be a health care provider or mental health care provider. (d) Meetings of the committee shall be held no less than on a quarterly basis, or upon the call of the chair or a majority of committee members. Appointments to the committee shall be made by July 1, 2024, and the first meeting of the committee shall be held by September 1, 2024. All meetings shall comply with the Open Meetings Act. §22-58-4 (a) ADMH shall work collaboratively with ADVA, leveraging each other's roles, relationships, and expertise. The committee shall develop a comprehensive plan in response to a review of the following: (1) The current state of Alabama veterans' mental health and rates of substance use. (2) Mental health, substance use, recovery, and other veteran support services in Alabama. (3) Needs assessments previously conducted for the 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 SB135 Enrolled Page 6 (3) Needs assessments previously conducted for the purpose of identifying gaps in services and support. The review of needs assessments shall include qualitative and quantitative feedback of post-9/11 veterans in Alabama, as well as the need for additional services and coordination of existing services. (b) The review shall be completed by January 1, 2025. (c) The committee shall consult with others, to include the United States Department of Veterans Affairs and the Substance Abuse and Mental Health Services Administration, as appropriate, during the development of the comprehensive plan. (d) ADMH shall align the comprehensive plan with state and national behavioral health standards. §22-58-5 (a) ADMH may establish pilot projects utilizing existing evidence-based services certified by ADMH or organizations which agree to become certified by ADMH. Pilot projects shall be awarded funding by ADMH through a fair and transparent request for proposal process. Pilot projects may begin upon the appropriation of funds and certification of projects. (b) The pilot projects may include any of the following: (1) Eye movement desensitization and reprocessing therapy as an evidence-based treatment for PTSD. (2) TBI screenings integrated into behavioral health services. (3) Integrated behavioral health and primary care models. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 SB135 Enrolled Page 7 models. (4) Agencies that have successfully met the SAMHSA criteria for the CCBHC model of care as certified by ADMH. (c) Pilot projects shall be based on the findings of the comprehensive plan. §22-58-6 ADMH and ADVA shall present the proposed comprehensive plan to the respective Veterans and Military Affairs Committees of the Alabama House of Representatives and the Alabama Senate for their review and input no later than April 1, 2025. ADMH shall then submit the proposed comprehensive plan to the Governor by June 30, 2025, for review and approval. The Governor shall act on the comprehensive plan no later than August 31, 2025. §22-58-7 (a) Upon approval of the Governor and subject to sufficient appropriations, ADMH shall implement the comprehensive plan with continued input from ADVA. (b) ADMH shall contractwithmultipleentitiesto implementpilotprojects as described in Section 22-58-4 and provide services under this chapter. Contracts for the procurement of services shall be awarded on a competitive basis through a request for proposal process. Both ADMH and ADVA shall work collaboratively in the review and selection of the proposals in a fair and transparent manner. (c) ADMH and ADVA shall comply with federal ethics laws in regard to its role in this chapter . (d) Implementation of this chapter shall be contingent upon new funds appropriated by the Legislature. Nothing in this 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 SB135 Enrolled Page 8 upon new funds appropriated by the Legislature. Nothing in this act shall require existing resources to be diverted for this purpose. (e) All pilot projects and services implemented under this act shall comply with all requirements, including data reporting and certification standards, set out by ADMH. If a recipient of funds fails to meet those requirements, ADMH may demand recovery of the full amount of funds awarded. Upon notification of any demand, ADMH shall also notify the committee outlining the rationale for taking that action. (f) During the committee's regular meetings, ADMH shall update the committee on the progress of the comprehensive plan's implementation. (g) The committee shall conduct an annual review and may make formal recommendations regarding the comprehensive plan. ADMH shall align these recommendations to state and national behavioral health standards and submit them to the Governor for approval. (h) To inform this annual review, ADMH shall report annually to the committee the approximate number of veterans served through the pilot projects, the services provided by pilot projects, and the amount of funding expended for this purpose, as well as other available datapoints as determined by the committee. (i) Nothing in this act shall supersede or diminish the existing powers enumerated to ADMH. Section 2. This act shall become effective June 1, 2024. 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 SB135 Enrolled Page 9 2024. ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB135 Senate 30-Apr-24 I hereby certify that the within Act originated in and passed the Senate, as amended. Patrick Harris, Secretary. House of Representatives Passed: 08-May-24 By: Senator Jones 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256