Connecticut 2021 Regular Session

Connecticut House Bill HB06398 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6398
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6398
5		-
6		-	Public Act No. 21-75
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8	13
9	14		AN ACT CONCERNING VA RIOUS REVISIONS TO STATUTES
10	15		CONCERNING THE DEPAR TMENT OF MENTAL HEAL TH AND
11	16		ADDICTION SERVICES.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Subsection (a) of section 17a-548 of the general statutes is
16		-	repealed and the following is substituted in lieu thereof (Effective October
17		-	1, 2021):
18		-	(a) Any patient shall be permitted to wear his or her own clothes; to
19		-	keep and use personal possessions including toilet articles; to be present
20		-	during any search of his or her personal possessions, except a patient
21		-	hospitalized in the maximum security service of Whiting Forensic
22		-	Hospital when such search is conducted by police officers and probable
23		-	cause exists that contraband or hazardous items are hidden in the
24		-	patient's living area; to have access to individual storage space for such
25		-	possessions; and in such manner as determined by the facility to spend
26		-	a reasonable sum of his or her own money for canteen expenses and
27		-	small purchases. These rights shall be denied only if the superintendent,
28		-	director or his or her authorized representative determines that it is
29		-	medically harmful to the patient to exercise such rights. An explanation
30		-	of such denial shall be placed in the patient's permanent clinical record. Substitute House Bill No. 6398
	20	+	Section 1. Subsection (a) of section 17a-548 of the general statutes is 1
	21	+	repealed and the following is substituted in lieu thereof (Effective October 2
	22	+	1, 2021): 3
	23	+	(a) Any patient shall be permitted to wear his or her own clothes; to 4
	24	+	keep and use personal possessions including toilet articles; to be present 5
	25	+	during any search of his or her personal possessions, except a patient 6
	26	+	hospitalized in the maximum security service of Whiting Forensic 7
	27	+	Hospital when such search is conducted by police officers and probable 8
	28	+	cause exists that contraband or hazardous items are hidden in the 9
	29	+	patient's living area; to have access to individual storage space for such 10
	30	+	possessions; and in such manner as determined by the facility to spend 11
	31	+	a reasonable sum of his or her own money for canteen expenses and 12
	32	+	small purchases. These rights shall be denied only if the superintendent, 13
	33	+	director or his or her authorized representative determines that it is 14
	34	+	medically harmful to the patient to exercise such rights. An explanation 15
	35	+	of such denial shall be placed in the patient's permanent clinical record. 16
	36	+	Sec. 2. Section 17a-565 of the general statutes is repealed and the 17 Substitute Bill No. 6398
31	37
32		-	Public Act No. 21-75 2 of 5
33	38
34		-	Sec. 2. Section 17a-565 of the general statutes is repealed and the
35		-	following is substituted in lieu thereof (Effective October 1, 2021):
36		-	There shall be an advisory board for Whiting Forensic Hospital,
37		-	constituted as follows: The Commissioner of Mental Health and
38		-	Addiction Services, three physicians licensed to practice in this state,
39		-	two of whom shall be psychiatrists, two attorneys of this state, at least
40		-	one of whom shall be in active practice and have at least five years'
41		-	experience in the trial of criminal cases, one licensed psychologist with
42		-	experience in clinical psychology, one licensed clinical social worker,
43		-	[and] one person actively engaged in business who shall have at least
44		-	ten years' experience in business management, and two persons with
45		-	psychiatric disabilities, at least one of whom shall have received
46		-	inpatient services in a psychiatric hospital. Annually, on October first,
47		-	the Governor shall appoint a member or members to replace those
48		-	whose terms expire for terms of five years each. The board shall elect a
49		-	chairman and a secretary, who shall keep full and accurate minutes of
50		-	its meetings and preserve the same. The board shall meet at the call of
51		-	the chairman at least quarterly. Members of the board shall receive no
52		-	compensation for their duties as such but shall be reimbursed for their
53		-	actual expenses incurred in the course of their duties. Said board shall
54		-	confer with the staff of the hospital and give general consultative and
55		-	advisory services on problems and matters relating to its work. On any
56		-	matter relating to the work of the hospital, the board may also confer
57		-	with the warden or superintendent of the affected Connecticut
58		-	correctional institution.
59		-	Sec. 3. Section 17a-450 of the general statutes is repealed and the
60		-	following is substituted in lieu thereof (Effective from passage):
61		-	(a) There shall be a Department of Mental Health and Addiction
62		-	Services headed by a Commissioner of Mental Health and Addiction
63		-	Services, appointed by the Governor with the advice of the Board of
64		-	Mental Health and Addiction Services established pursuant to section Substitute House Bill No. 6398
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66		-	Public Act No. 21-75 3 of 5
	43	+	following is substituted in lieu thereof (Effective October 1, 2021): 18
	44	+	There shall be an advisory board for Whiting Forensic Hospital, 19
	45	+	constituted as follows: The Commissioner of Mental Health and 20
	46	+	Addiction Services, three physicians licensed to practice in this state, 21
	47	+	two of whom shall be psychiatrists, two attorneys of this state, at least 22
	48	+	one of whom shall be in active practice and have at least five years' 23
	49	+	experience in the trial of criminal cases, one licensed psychologist with 24
	50	+	experience in clinical psychology, one licensed clinical social worker, 25
	51	+	[and] one person actively engaged in business who shall have at least 26
	52	+	ten years' experience in business management, and two persons with 27
	53	+	psychiatric disabilities, at least one of whom shall have received 28
	54	+	inpatient services in a psychiatric hospital. Annually, on October first, 29
	55	+	the Governor shall appoint a member or members to replace those 30
	56	+	whose terms expire for terms of five years each. The board shall elect a 31
	57	+	chairman and a secretary, who shall keep full and accurate minutes of 32
	58	+	its meetings and preserve the same. The board shall meet at the call of 33
	59	+	the chairman at least quarterly. Members of the board shall receive no 34
	60	+	compensation for their duties as such but shall be reimbursed for their 35
	61	+	actual expenses incurred in the course of their duties. Said board shall 36
	62	+	confer with the staff of the hospital and give general consultative and 37
	63	+	advisory services on problems and matters relating to its work. On any 38
	64	+	matter relating to the work of the hospital, the board may also confer 39
	65	+	with the warden or superintendent of the affected Connecticut 40
	66	+	correctional institution. 41
	67	+	Sec. 3. Section 17a-450 of the general statutes is repealed and the 42
	68	+	following is substituted in lieu thereof (Effective from passage): 43
	69	+	(a) There shall be a Department of Mental Health and Addiction 44
	70	+	Services headed by a Commissioner of Mental Health and Addiction 45
	71	+	Services, appointed by the Governor with the advice of the Board of 46
	72	+	Mental Health and Addiction Services established pursuant to section 47
	73	+	17a-456. 48
	74	+	(b) For the purposes of chapter 48, the Department of Mental Health 49 Substitute Bill No. 6398
67	75
68		-	17a-456.
69		-	(b) For the purposes of chapter 48, the Department of Mental Health
70		-	and Addiction Services shall be organized to promote comprehensive,
71		-	client-based services in the areas of mental health treatment and
72		-	substance abuse treatment and to ensure the programmatic integrity
73		-	and clinical identity of services in each area. The department shall
74		-	perform the functions of: Centralized administration, planning and
75		-	program development; prevention and treatment programs and
76		-	facilities, both inpatient and outpatient, for persons with psychiatric
77		-	disabilities or persons with substance use disorders, or both; community
78		-	mental health centers and community or regional programs and
79		-	facilities providing services for persons with psychiatric disabilities or
80		-	persons with substance use disorders, or both; training and education;
81		-	and research and evaluation of programs and facilities providing
82		-	services for persons with psychiatric disabilities or persons with
83		-	substance use disorders, or both. The department shall include, but not
84		-	be limited to, the following divisions and facilities or their successor
85		-	facilities: The office of the Commissioner of Mental Health and
86		-	Addiction Services; Capitol Region Mental Health Center; Connecticut
87		-	Valley Hospital, including the Addictions Division and the General
88		-	Psychiatric Division of Connecticut Valley Hospital; the Whiting
89		-	Forensic Hospital; the Connecticut Mental Health Center; Ribicoff
90		-	Research Center; the Southwest Connecticut Mental Health System,
91		-	including the Franklin S. DuBois Center and the Greater Bridgeport
92		-	Community Mental Health Center; the Southeastern Mental Health
93		-	Authority; River Valley Services; the Western Connecticut Mental
94		-	Health Network; and any other state-operated facility for the treatment
95		-	of persons with psychiatric disabilities or persons with substance use
96		-	disorders, or both, but shall not include those portions of such facilities
97		-	transferred to the Department of Children and Families for the purpose
98		-	of consolidation of children's services. All department divisions and
99		-	facilities shall provide their patient records to the electronic health Substitute House Bill No. 6398
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103		-	record system established pursuant to subdivision (7) of subsection (c)
104		-	of this section. Disclosures of patient information from the electronic
105		-	health record system outside of the department shall be in accordance
106		-	with applicable federal and state law.
107		-	(c) The Department of Mental Health and Addiction Services may:
108		-	(1) Solicit and accept for use any gift of money or property made by
109		-	will or otherwise, and any grant of money, services or property from the
110		-	federal government, the state or any political subdivision thereof or any
111		-	private source, and do all things necessary to cooperate with the federal
112		-	government or any of its agencies in making an application for any
113		-	grant;
114		-	(2) Keep records and engage in research and the gathering of relevant
115		-	statistics;
116		-	(3) Work with public or private agencies, organizations, facilities or
117		-	individuals to ensure the operation of the programs set forth in
118		-	accordance with sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484]
119		-	17a-488a, inclusive, as amended by this act, 17a-495 to 17a-528,
120		-	inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive,
121		-	17a-580 to 17a-603, inclusive, and 17a-615 to 17a-618, inclusive;
122		-	(4) Hold hearings, issue subpoenas, administer oaths, compel
123		-	testimony and order production of books, papers and records in the
124		-	performance of its duties;
125		-	(5) Operate trustee accounts, in accordance with procedures
126		-	prescribed by the Comptroller, on behalf of inpatient and outpatient
127		-	department clients;
128		-	(6) Notwithstanding [any] the provisions of sections 4-101 and 17b-
129		-	239, [to the contrary,] establish medical reimbursement rates for
130		-	behavioral health services including, but not limited to, inpatient, Substitute House Bill No. 6398
	81	+	and Addiction Services shall be organized to promote comprehensive, 50
	82	+	client-based services in the areas of mental health treatment and 51
	83	+	substance abuse treatment and to ensure the programmatic integrity 52
	84	+	and clinical identity of services in each area. The department shall 53
	85	+	perform the functions of: Centralized administration, planning and 54
	86	+	program development; prevention and treatment programs and 55
	87	+	facilities, both inpatient and outpatient, for persons with psychiatric 56
	88	+	disabilities or persons with substance use disorders, or both; community 57
	89	+	mental health centers and community or regional programs and 58
	90	+	facilities providing services for persons with psychiatric disabilities or 59
	91	+	persons with substance use disorders, or both; training and education; 60
	92	+	and research and evaluation of programs and facilities providing 61
	93	+	services for persons with psychiatric disabilities or persons with 62
	94	+	substance use disorders, or both. The department shall include, but not 63
	95	+	be limited to, the following divisions and facilities or their successor 64
	96	+	facilities: The office of the Commissioner of Mental Health and 65
	97	+	Addiction Services; Capitol Region Mental Health Center; Connecticut 66
	98	+	Valley Hospital, including the Addictions Division and the General 67
	99	+	Psychiatric Division of Connecticut Valley Hospital; the Whiting 68
	100	+	Forensic Hospital; the Connecticut Mental Health Center; Ribicoff 69
	101	+	Research Center; the Southwest Connecticut Mental Health System, 70
	102	+	including the Franklin S. DuBois Center and the Greater Bridgeport 71
	103	+	Community Mental Health Center; the Southeastern Mental Health 72
	104	+	Authority; River Valley Services; the Western Connecticut Mental 73
	105	+	Health Network; and any other state-operated facility for the treatment 74
	106	+	of persons with psychiatric disabilities or persons with substance use 75
	107	+	disorders, or both, but shall not include those portions of such facilities 76
	108	+	transferred to the Department of Children and Families for the purpose 77
	109	+	of consolidation of children's services. All department divisions and 78
	110	+	facilities shall provide their patient records to the electronic health 79
	111	+	record system established pursuant to subdivision (7) of subsection (c) 80
	112	+	of this section. Disclosures of patient information from the electronic 81
	113	+	health record system outside of the department shall be in accordance 82
	114	+	with applicable federal and state law. 83 Substitute Bill No. 6398
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132		-	Public Act No. 21-75 5 of 5
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134		-	outpatient and residential services purchased by the department; [and]
135		-	(7) Establish and utilize an electronic health record system that allows
136		-	authorized department personnel to have access to patient health
137		-	information, including psychiatric records from any of the department's
138		-	divisions and facilities set forth in subsection (b) of this section for
139		-	purposes of (A) providing diagnosis and treatment, and (B) improving
140		-	the department's health care operations, as defined in 45 CFR 164.501;
141		-	and
142		-	[(7)] (8) Perform such other acts and functions as may be necessary or
143		-	convenient to execute the authority expressly granted to it.
144		-	(d) The Department of Mental Health and Addiction Services is
145		-	designated as the lead state agency for substance abuse prevention and
146		-	treatment in this state, and as such is designated as the state methadone
147		-	authority. As the designated state methadone authority, the department
148		-	is authorized by the federal Center for Substance Abuse Treatment of
149		-	the Substance Abuse and Mental Health Services Administration within
150		-	the United States Department of Health and Human Services to exercise
151		-	responsibility and authority for the treatment of opiate addiction with
152		-	an opioid medication, and specifically for: (1) Approval of exceptions to
153		-	federal opioid treatment protocols in accordance with the Center for
154		-	Substance Abuse Treatment, (2) monitoring all opioid treatment
155		-	programs in the state, and (3) approval of Center for Substance Abuse
156		-	Treatment certification of all opioid treatment programs in the state. The
157		-	Commissioner of Mental Health and Addiction Services may adopt
158		-	regulations in accordance with chapter 54 to carry out the provisions of
159		-	this subsection.
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	121	+	(c) The Department of Mental Health and Addiction Services may: 84
	122	+	(1) Solicit and accept for use any gift of money or property made by 85
	123	+	will or otherwise, and any grant of money, services or property from the 86
	124	+	federal government, the state or any political subdivision thereof or any 87
	125	+	private source, and do all things necessary to cooperate with the federal 88
	126	+	government or any of its agencies in making an application for any 89
	127	+	grant; 90
	128	+	(2) Keep records and engage in research and the gathering of relevant 91
	129	+	statistics; 92
	130	+	(3) Work with public or private agencies, organizations, facilities or 93
	131	+	individuals to ensure the operation of the programs set forth in 94
	132	+	accordance with sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 95
	133	+	17a-488a, inclusive, as amended by this act, 17a-495 to 17a-528, 96
	134	+	inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 97
	135	+	17a-580 to 17a-603, inclusive, and 17a-615 to 17a-618, inclusive; 98
	136	+	(4) Hold hearings, issue subpoenas, administer oaths, compel 99
	137	+	testimony and order production of books, papers and records in the 100
	138	+	performance of its duties; 101
	139	+	(5) Operate trustee accounts, in accordance with procedures 102
	140	+	prescribed by the Comptroller, on behalf of inpatient and outpatient 103
	141	+	department clients; 104
	142	+	(6) Notwithstanding [any] the provisions of sections 4-101 and 17b-105
	143	+	239, [to the contrary,] establish medical reimbursement rates for 106
	144	+	behavioral health services including, but not limited to, inpatient, 107
	145	+	outpatient and residential services purchased by the department; [and] 108
	146	+	(7) Establish and utilize an electronic health record system that allows 109
	147	+	authorized department personnel to have access to patient health 110
	148	+	information, including psychiatric records from any of the department's 111
	149	+	divisions and facilities set forth in subsection (b) of this section for 112
	150	+	purposes of (A) providing diagnosis and treatment, and (B) improving 113 Substitute Bill No. 6398
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	157	+	the department's health care operations, as defined in 45 CFR 164.501; 114
	158	+	and 115
	159	+	[(7)] (8) Perform such other acts and functions as may be necessary or 116
	160	+	convenient to execute the authority expressly granted to it. 117
	161	+	(d) The Department of Mental Health and Addiction Services is 118
	162	+	designated as the lead state agency for substance abuse prevention and 119
	163	+	treatment in this state, and as such is designated as the state methadone 120
	164	+	authority. As the designated state methadone authority, the department 121
	165	+	is authorized by the federal Center for Substance Abuse Treatment of 122
	166	+	the Substance Abuse and Mental Health Services Administration within 123
	167	+	the United States Department of Health and Human Services to exercise 124
	168	+	responsibility and authority for the treatment of opiate addiction with 125
	169	+	an opioid medication, and specifically for: (1) Approval of exceptions to 126
	170	+	federal opioid treatment protocols in accordance with the Center for 127
	171	+	Substance Abuse Treatment, (2) monitoring all opioid treatment 128
	172	+	programs in the state, and (3) approval of Center for Substance Abuse 129
	173	+	Treatment certification of all opioid treatment programs in the state. The 130
	174	+	Commissioner of Mental Health and Addiction Services may adopt 131
	175	+	regulations in accordance with chapter 54 to carry out the provisions of 132
	176	+	this subsection. 133
	177	+	This act shall take effect as follows and shall amend the following
	178	+	sections:
	179	+
	180	+	Section 1 October 1, 2021 17a-548(a)
	181	+	Sec. 2 October 1, 2021 17a-565
	182	+	Sec. 3 from passage 17a-450
	183	+
	184	+	PH Joint Favorable Subst.
160	185