HLS 12RS-1333 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 952
BY REPRESENTATIVE BROSSETT
MENTAL HEALTH: Establishes the Mental Health Services Preservation Act
AN ACT1
To enact Part I-A of Chapter 1 of Title 28 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 28:26.10.1 through 26.10.5, relative to mental health services, to3
provide a short title, to a provide a statement of legislative intent; to provide for4
management of mental health resources; to provide for funding priorities; to provide5
for innovative mental health services; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part I-A of Chapter 1 of Title 28 of the Louisiana Revised Statutes of8
1950, to be comprised of R.S. 28:26.10.1 through 26.10.5 is hereby enacted to read as9
follows: 10
PART I-A. MENTAL HEALTH SERVICES PRESERVATION ACT11
§26.10.1. Short title12
This Chapter shall be known and may be cited as the "Mental Health Services13
Preservation Act".14
§26.10.2. Legislative declaration of intent15
It is the intent of the legislature to preserve vital state funding for mental16
health services to ensure delivery of and access to quality care for those in desperate17
need of such services throughout the state. Many citizens in the state have limited18
access to mental health services because of the massive cuts, both federal and state,19
in mental health funding. The legislature also finds that the provision of high20 HLS 12RS-1333 ORIGINAL
HB NO. 952
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quality mental health care services, regardless of setting, is of overriding importance.1
The state wholly supports efforts to assist individuals suffering from serious and2
persistent mental illness in their efforts to participate fully in society. As such, the3
department should streamline the delivery of mental health services through the4
prudent allocation of existing resources. The Department of Health and Hospitals5
will improve the safety and health of individuals, families and communities by6
providing leadership and establishing and participating in partnerships for the7
continuation of mental health care services throughout the state, including8
cooperative agreements, mergers, joint ventures, and consolidations among mental9
health care facilities. Consumer and advocate participation in the process can only10
aid in the delivery of services to those most in need. To improve the quality of11
services available and promote treatment, which often involves the rehabilitation,12
recovery, and reintegration of persons suffering from mental illness, the state must13
secure adequate funding for mental health services and require state departments to14
exercise fiscal responsibility in the allocation of these resources.15
§26.10.3. Management of mental health resources16
In the operational management of the office of behavioral health, the17
department shall guarantee, to the maximum extent practicable, the efficient and18
effective use and retention of the state's scarce mental health resources to adequately19
provide for the peace, health, safety, and general welfare of the public, by ensuring20
the following:21
(1) Accountability of efficient and effective services through state-of-the-art22
quality and performance measures and statewide standards for monitoring quality of23
service and performance, and reporting of quality of service and performance24
information. These processes shall be designed so as to maximize the use of25
available resources for direct care of people with a mental illness and to assure26
uniform data collection across the state. 27
(2) Minimum service delivery standards.28 HLS 12RS-1333 ORIGINAL
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(3) Coordination of integration of services offered by department and mental1
health community, including the office of behavioral health and their respective2
contract providers, involved in the delivery of mental health treatment, along with3
local systems and groups, public and private, such as state mental hospitals, public4
health organizations, parish authorities, child protection, and regional support5
networks, aimed at reducing duplication in service delivery and promoting6
complementary services among all entities that provide mental health services to7
adults and children throughout the state, 8
(4) Implementation of an equitable system of total annual reimbursement by9
the Medical Assistance Program to private hospitals and to state hospitals for10
covered services delivered to program clients at those two categories of facilities11
respectively. 12
(5) The respective regions of the department are the focal point of all mental13
health planning activities, including budget submissions, grant applications,14
contracts, and other arrangements that can be effected at the state and regional levels.15
(6) State agencies licensing and monitoring contracted providers perform in16
the most cost-efficient and effective manner with limited duplication and disruption17
to organizations providing services.18
(7) Adequate research and evaluation regarding the effectiveness of services19
being provided and achievement of outcome measures.20
§26.10.4. Funding priorities; cost-effectiveness21
A. The department shall ensure that all current and future funds are expended22
in the most cost effective manner and services are provided in accordance with23
recommended best practices subject to state oversight to ensure accountability to24
taxpayers and the public. The department shall evaluate existing proposed25
expenditure plans for mental health services and determine the best use of such funds26
to achieve positive policy outcomes in the mental health community. This effort27
shall involve the use of innovative methods of expanding the reach of current28
funding and securing increased local, regional, state, federal, or private source29 HLS 12RS-1333 ORIGINAL
HB NO. 952
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are additions.
funding in the future. The department shall develop methods for estimating the need1
for mental health services in certain regions of the state, with special attention to2
underfunded and inaccessible programs, and allocate state funds or resources3
according to that need. 4
B. The state, to the extent practicable, shall continue to provide funding for5
mental health services that are not less than the existing allocations from the state6
general fund. 7
§26.10.5. Innovative mental health services; programs8
A. The department shall develop goals, objectives, and priorities for the9
creation of innovative programs which promote and improve the mental health of the10
citizens of the state by making treatment and support services available to those11
persons who are most in need and least able to pay. These programs shall achieve12
the following:13
(1) Increase access to underserved groups.14
(2) Increase the quality of services, including better outcomes.15
(3) Promote interagency collaboration by improving the integration and16
effectiveness of state agencies responsible for mental health care.17
(4) Increase access to services.18
(5) Ensure cost effectiveness of services.19
(6) Encourage delivery of services more efficiently and effectively.20
(7) Mitigate the cost of the delivery of services. 21
(8) Increase effectiveness of treatment and management strategies.22
(9) Promote emerging best practices and increased quality of care in the23
delivery of mental health services..24
B. The department shall collaborate with mental health advocates, clinicians,25
physicians, professional organizations, parish human service authorities, local26
citizens, consumers, and family members in the planning, designing, and27
implementation of innovative mental health service programs and priorities in their28
respective regions throughout the state.29 HLS 12RS-1333 ORIGINAL
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Section 2. The department shall promulgate rules and regulations necessary for the1
implementation of the provisions of this Act in furtherance of the preservation of mental2
health services. 3
Section 3. Nothing in this Act shall be construed to reduce the existing authority or4
responsibility of the Office of Behavioral Health within the Department of Health and5
Hospitals or negatively impact the existing funding of mental health services in the state.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Brossett HB No. 952
Abstract: Provides relative to the preservation of state funded mental health services.
Proposed law (R.S. 28:26.10.1) specifies that the provisions within proposed law will be
known and may be cited as the "Mental Health Services Preservation Act".
Proposed law (R.S. 28:26.10.2) provides a statement of legislative intent. Provides that it is
the intent of the legislature to preserve vital state funding for mental health services to ensure
delivery of and access to quality care for those in desperate need of such services throughout
the state. Also, specifies that many citizens in the state have limited access to mental health
services because of the massive cuts, both federal and state, in mental health funding.
Specifies that the legislature acknowledges the need of high quality mental health care
services, regardless of setting, is of overriding importance. Specifies that the state supports
efforts to assist individuals suffering from serious and persistent mental illness in their
efforts to participate fully in society. Provides that the Dept. of Health and Hospitals (DHH)
should streamline the delivery of mental health services through the prudent allocation of
existing resources. Provides that DHH will improve the safety and health of individuals,
families and communities by providing leadership and establishing and participating in
partnerships for the continuation of mental health care services throughout the state,
including cooperative agreements, mergers, joint ventures, and consolidations among mental
health care facilities. Specifies that consumer and advocate participation in the process can
only aid in the delivery of services to those most in need. Specifies that to improve the
quality of services available and promote treatment, which often involves the rehabilitation,
recovery, and reintegration of persons suffering from mental illness, the state must secure
adequate funding for mental health services and require state departments to exercise fiscal
responsibility in the allocation of these resources.
Proposed law (R.S. 28:26.10.3) provides relative to the management of mental health
resources. Provides that in the operational management of the office of behavioral health,
DHH shall guarantee, to the maximum extent practicable, the efficient and effective use and
retention of the state's scarce mental health resources to adequately provide for the peace,
health, safety, and general welfare of the public, by ensuring the following:
(1) Accountability of efficient and effective services through state-of-the-art quality and
performance measures and statewide standards for monitoring quality of service and
performance, and reporting of quality of service and performance information.
These processes shall be designed so as to maximize the use of available resources HLS 12RS-1333 ORIGINAL
HB NO. 952
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
for direct care of people with a mental illness and to assure uniform data collection
across the state.
(2) Minimum service delivery standards.
(3) Coordination of integration of services offered by DHH and the mental health
community, including the office of behavioral health and their respective contract
providers, involved in the delivery of mental health treatment, along with local
systems and groups, public and private, such as state mental hospitals, public health
organizations, parish authorities, child protection, and regional support networks,
aimed at reducing duplication in service delivery and promoting complementary
services among all entities that provide mental health services to adults and children
throughout the state.
(4) Implementation of an equitable system of total annual reimbursement by the Medical
Assistance Program to private hospitals and to state hospitals for covered services
delivered to program clients at those two categories of facilities respectively.
(5) The respective regions of DHH are the focal point of all mental health planning
activities, including budget submissions, grant applications, contracts, and other
arrangements that can be effected at the state and regional levels.
(6) State agencies licensing and monitoring contracted providers perform in the most
cost-efficient and effective manner with limited duplication and disruption to
organizations providing services.
(7) Adequate research and evaluation regarding the effectiveness of services being
provided and achievement of outcome measures.
Proposed law (R.S. 28:26.10.4) establishes DHH funding priorities. Requires DHH to
ensure that all current and future funds are expended in the most cost effective manner and
services are provided in accordance with recommended best practices, subject to state
oversight, to ensure accountability to taxpayers and the public. Requires DHH to evaluate
existing proposed expenditure plans for mental health services and determine the best use
of such funds to achieve positive policy outcomes within the mental health community.
Specifies that this effort must involve the use of innovative methods of expanding the reach
of current funding and securing increased local, regional, state, federal, or private source
funding in the future. Requires DHH to develop methods for estimating the need for mental
health services in certain regions of the state, with special attention to underfunded and
inaccessible programs, and allocate state funds or resources according to that need.
Specifies that the state, to the extent practicable, shall continue to provide funding for mental
health services that are not less than the existing allocations from the state general fund.
Proposed law (R.S. 28:26.10.5) provides for innovative mental health services. Requires
DHH to develop goals, objectives, and priorities for the creation of innovative programs
which promote and improve the mental health of the citizens of the state by making
treatment and support services available to those persons who are most in need and least able
to pay. Specifies that these programs shall achieve the following:
(1) Increase access to underserved groups.
(2) Increase the quality of services, including better outcomes.
(3) Promote interagency collaboration by improving the integration and effectiveness
of state agencies responsible for mental health care.
(4) Increase access to services. HLS 12RS-1333 ORIGINAL
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are additions.
(5) Ensure cost effectiveness of services.
(6) Encourage delivery of services more efficiently and effectively.
(7) Mitigate the cost of the delivery of services.
(8) Increase effectiveness of treatment and management strategies.
(9) Promote emerging best practices and increased quality of care in the delivery of
mental health services.
Requires a collaboration between DHH and mental health advocates, clinicians, physicians,
professional organizations, parish human service authorities, local citizens, consumers, and
family members in the planning, designing, and implementation of innovative mental health
service programs and priorities in their respective regions throughout the state.
Proposed law authorizes DHH to promulgate rules and regulations necessary for the
implementation of the provisions of this Act in furtherance of the preservation of mental
health services.
Proposed law specifies that nothing in proposed law can be construed to reduce the existing
authority or responsibility of the office of behavioral health within DHH or negatively
impact the existing funding of mental health services in the state.
(Adds R.S. 28:26.10.1-26.10.5)