14 | | - | Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: |
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15 | | - | (1) "Community violence" means intentional acts of interpersonal |
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16 | | - | violence committed in public areas by individuals who are not family |
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17 | | - | members or intimate partners of the victim; |
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18 | | - | (2) "Community violence prevention services" means evidence- |
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19 | | - | based, trauma-informed, supportive and nonpsychotherapeutic |
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20 | | - | services provided by a certified violence prevention professional, within |
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21 | | - | or outside of a clinical setting, for the purpose of promoting improved |
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22 | | - | health outcomes and positive behavioral change, preventing injury |
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23 | | - | recidivism and reducing the likelihood that individuals who are victims |
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24 | | - | of community violence will commit or promote violence themselves. |
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25 | | - | "Community violence prevention services" may include the provision of |
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26 | | - | peer support and counseling, mentorship, conflict mediation, crisis |
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27 | | - | intervention, targeted case management, referrals to certified or licensed |
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28 | | - | health care professionals or social services providers, patient education |
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29 | | - | or screening services to victims of community violence; |
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30 | | - | (3) "Interpersonal violence" means the intentional use of physical Substitute House Bill No. 5677 |
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| 17 | + | Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1 |
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| 18 | + | (1) "Community violence" means intentional acts of interpersonal 2 |
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| 19 | + | violence committed by individuals who are not intimately related to the 3 |
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| 20 | + | victim. 4 |
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| 21 | + | (2) "Community violence prevention services" means evidence-5 |
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| 22 | + | based, trauma-informed, supportive and nonpsychotherapeutic 6 |
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| 23 | + | services provided by a qualified violence prevention professional, 7 |
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| 24 | + | within or outside of a clinical setting, for the purpose of promoting 8 |
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| 25 | + | improved health outcomes and positive behavioral change, preventing 9 |
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| 26 | + | injury recidivism and reducing the likelihood that individuals who are 10 |
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| 27 | + | victims of community violence will commit or promote violence 11 |
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| 28 | + | themselves. "Community violence prevention services" may include the 12 |
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| 29 | + | provision of peer support and counseling, mentorship, conflict 13 |
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| 30 | + | mediation, crisis intervention, targeted case management, referrals to 14 |
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| 31 | + | certified or licensed health care professionals or social services 15 |
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| 32 | + | providers, patient education or screening services to victims of 16 |
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| 33 | + | community violence. 17 |
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| 34 | + | (3) "Prevention professional" has the same meaning as described by 18 Substitute Bill No. 5677 |
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34 | | - | force or power against other persons by an individual or small group of |
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35 | | - | individuals; |
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36 | | - | (4) "Prevention professional" has the same meaning as described by |
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37 | | - | the National Uniform Claim Committee (NUCC), or its successor, under |
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38 | | - | NUCC Code Number 405300000X; and |
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39 | | - | (5) "Certified violence prevention professional" means a prevention |
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40 | | - | professional who meets all of the conditions specified in subsection (c) |
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41 | | - | of this section. |
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42 | | - | (b) (1) On or before July 1, 2022, the Commissioner of Social Services, |
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43 | | - | shall amend the Medicaid state plan to make community violence |
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44 | | - | prevention services available, to the extent permitted by federal law, to |
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45 | | - | any Medicaid beneficiary who has: (A) Received medical treatment for |
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46 | | - | an injury sustained as a result of an act of community violence, and (B) |
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47 | | - | been referred by a certified or licensed health care provider or social |
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48 | | - | services provider to receive community violence prevention services |
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49 | | - | from a certified violence prevention professional, after such provider |
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50 | | - | determines such beneficiary to be at elevated risk of a violent injury or |
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51 | | - | retaliation resulting from another act of community violence. |
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52 | | - | (2) The Commissioner of Social Services shall seek any federal |
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53 | | - | approvals necessary to implement this section, including, but not |
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54 | | - | limited to, any state plan amendments or federal waivers by the federal |
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55 | | - | Centers for Medicare and Medicaid Services. This subsection shall be |
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56 | | - | implemented only to the extent that federal financial participation is |
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57 | | - | available, and any necessary federal approvals have been obtained. |
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58 | | - | (3) The provisions of this subsection shall be implemented only to the |
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59 | | - | extent permitted by federal law. |
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60 | | - | (c) Any prevention professional seeking certification as a certified |
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61 | | - | violence prevention professional shall complete an accredited training |
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62 | | - | and certification program for certified violence prevention Substitute House Bill No. 5677 |
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| 37 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05677- |
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| 38 | + | R02-HB.docx } |
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| 39 | + | 2 of 4 |
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64 | | - | Public Act No. 21-36 3 of 4 |
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| 41 | + | the National Uniform Claim Committee (NUCC), or its successor, under 19 |
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| 42 | + | NUCC Code Number 405300000X. 20 |
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| 43 | + | (4) "Qualified violence prevention professional" means a prevention 21 |
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| 44 | + | professional who meets all of the conditions specified in subsection (c) 22 |
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| 45 | + | of this section. 23 |
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| 46 | + | (b) (1) On or before July 1, 2022, the Commissioner of Social Services, 24 |
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| 47 | + | in consultation with the Commissioner of Public Health, shall amend 25 |
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| 48 | + | the Medicaid state plan to make community violence prevention 26 |
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| 49 | + | services available, to the extent permitted by federal law, to any 27 |
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| 50 | + | Medicaid beneficiary who has: (A) Received medical treatment for an 28 |
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| 51 | + | injury sustained as a result of an act of community violence, and (B) been 29 |
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| 52 | + | referred by a certified or licensed health care provider or social services 30 |
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| 53 | + | provider to receive community violence prevention services from a 31 |
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| 54 | + | qualified violence prevention professional, after such provider 32 |
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| 55 | + | determines such beneficiary to be at elevated risk of a violent injury or 33 |
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| 56 | + | retaliation resulting from another act of community violence. 34 |
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| 57 | + | (2) The Commissioner of Social Services shall seek any federal 35 |
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| 58 | + | approvals necessary to implement this section, including, but not 36 |
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| 59 | + | limited to, any state plan amendments or federal waivers by the federal 37 |
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| 60 | + | Centers for Medicare and Medicaid Services. This subsection shall be 38 |
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| 61 | + | implemented only to the extent that federal financial participation is 39 |
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| 62 | + | available, and any necessary federal approvals have been obtained. 40 |
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| 63 | + | (c) Any prevention professional seeking certification as a qualified 41 |
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| 64 | + | violence prevention professional shall: 42 |
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| 65 | + | (1) Complete at least six months of full-time equivalent experience in 43 |
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| 66 | + | providing community violence prevention services through 44 |
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| 67 | + | employment, volunteer work or as part of an internship experience; 45 |
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| 68 | + | (2) Complete an accredited training and certification program for 46 |
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| 69 | + | qualified violence prevention professionals, approved in accordance 47 |
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| 70 | + | with subsection (d) of this section, or be certified as a violence 48 |
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| 71 | + | prevention professional by the Health Alliance for Violence 49 Substitute Bill No. 5677 |
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66 | | - | professionals, approved in accordance with subsection (d) of this section |
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67 | | - | and maintain such certification. |
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68 | | - | (d) On or before January 1, 2022, the Department of Public Health |
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69 | | - | shall approve at least one accredited training and certification program |
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70 | | - | for certified violence prevention professionals. Such program shall |
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71 | | - | include: |
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72 | | - | (1) At least thirty-five hours of initial training, collectively addressing |
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73 | | - | all of the following: |
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74 | | - | (A) The profound effects of trauma and violence and the basics of |
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75 | | - | trauma-informed care; |
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76 | | - | (B) Community violence prevention strategies, including, but not |
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77 | | - | limited to, conflict mediation and retaliation prevention related to |
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78 | | - | community violence; |
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79 | | - | (C) Case management and advocacy practices; and |
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80 | | - | (D) Patient privacy and the federal Health Insurance Portability and |
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81 | | - | Accountability Act of 1996, P.L. 104-191, as amended from time to time, |
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82 | | - | (HIPAA); and |
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83 | | - | (2) At least six hours of continuing education every two years. |
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84 | | - | (e) Any entity that employs or contracts with a certified violence |
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85 | | - | prevention professional to provide community violence prevention |
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86 | | - | services shall: |
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87 | | - | (1) Maintain documentation that the certified violence prevention |
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88 | | - | professional has met all of the conditions described in subsection (c) of |
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89 | | - | this section; and |
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90 | | - | (2) Ensure that the certified violence prevention professional is |
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91 | | - | providing community violence prevention services in compliance with Substitute House Bill No. 5677 |
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95 | | - | any applicable standards of care, rules, regulations and governing law |
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96 | | - | of the state or federal government. |
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97 | | - | (f) No person, unless certified as a violence prevention professional |
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98 | | - | pursuant to this section, may use the title "certified violence prevention |
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99 | | - | professional" or make use of any title, words, letters, abbreviations or |
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100 | | - | insignia indicating or implying that he or she is a certified violence |
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101 | | - | prevention professional. |
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102 | | - | (g) Nothing in this section shall alter the scope of practice for any |
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103 | | - | health care professional. |
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| 78 | + | Intervention prior to October 1, 2021; 50 |
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| 79 | + | (3) Complete annually at least four hours of continuing education, 51 |
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| 80 | + | offered by the Health Alliance for Violence Intervention or any other 52 |
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| 81 | + | provider approved by the Commissioner of Public Health, in the field 53 |
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| 82 | + | of community violence prevention services; and 54 |
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| 83 | + | (4) Satisfy any other requirements established by the Commissioner 55 |
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| 84 | + | of Public Health for certification as a qualified violence prevention 56 |
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| 85 | + | professional. 57 |
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| 86 | + | (d) On or before January 1, 2022, the Department of Public Health 58 |
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| 87 | + | shall approve at least one governmental or nongovernmental 59 |
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| 88 | + | accrediting body with expertise in community violence prevention 60 |
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| 89 | + | services to review and approve training and certification programs for 61 |
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| 90 | + | qualified violence prevention professionals. The accrediting body shall 62 |
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| 91 | + | approve programs that such body determines, in its discretion, will 63 |
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| 92 | + | adequately prepare individuals to provide community violence 64 |
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| 93 | + | prevention services to individuals who are victims of community 65 |
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| 94 | + | violence. Such programs shall include at least thirty-five hours of 66 |
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| 95 | + | training, collectively addressing all of the following: 67 |
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| 96 | + | (1) The profound effects of trauma and violence and the basics of 68 |
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| 97 | + | trauma-informed care; 69 |
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| 98 | + | (2) Community violence prevention strategies, including, but not 70 |
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| 99 | + | limited to, conflict mediation and retaliation prevention related to 71 |
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| 100 | + | community violence; 72 |
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| 101 | + | (3) Case management and advocacy practices; and 73 |
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| 102 | + | (4) Patient privacy and the federal Health Insurance Portability and 74 |
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| 103 | + | Accountability Act of 1996, P.L. 104-191, as amended from time to time, 75 |
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| 104 | + | (HIPAA). 76 |
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| 105 | + | (e) Any entity that employs or contracts with a qualified violence 77 |
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| 106 | + | prevention professional to provide community violence prevention 78 Substitute Bill No. 5677 |
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| 107 | + | |
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| 108 | + | |
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| 109 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05677- |
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| 110 | + | R02-HB.docx } |
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| 111 | + | 4 of 4 |
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| 112 | + | |
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| 113 | + | services shall: 79 |
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| 114 | + | (1) Maintain documentation that the qualified violence prevention 80 |
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| 115 | + | professional has met all of the conditions described in subsection (c) of 81 |
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| 116 | + | this section; and 82 |
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| 117 | + | (2) Ensure that the qualified violence prevention professional is 83 |
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| 118 | + | providing community violence prevention services in compliance with 84 |
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| 119 | + | any applicable standards of care, rules, regulations and governing law 85 |
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| 120 | + | of the state or federal government. 86 |
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| 121 | + | (f) Nothing in this section shall alter the scope of practice for any 87 |
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| 122 | + | health care professional or authorize the delivery of health care services 88 |
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| 123 | + | in a setting or in a manner that is not currently authorized. 89 |
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| 124 | + | This act shall take effect as follows and shall amend the following |
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| 125 | + | sections: |
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| 126 | + | |
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| 127 | + | Section 1 October 1, 2021 New section |
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| 128 | + | |
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| 129 | + | |
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| 130 | + | Statement of Legislative Commissioners: |
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| 131 | + | In Section 1(a)(2) and Section 1(a)(3) the definitions of "Community |
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| 132 | + | violence prevention services" and "Prevention professional" were |
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| 133 | + | redrafted for clarity and consistency with standard drafting |
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| 134 | + | conventions. |
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| 135 | + | |
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| 136 | + | PH Joint Favorable Subst. -LCO |
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