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ACT No. 506
Regular Session, 2012
HOUSE BILL NO. 952
BY REPRESENTATIVES BROSSETT, ARNOLD, BADON, BARROW, BERTHELOT,
BILLIOT, WESLEY BISHOP, HENRY BURNS, BURRELL, CARMODY, COX,
DOVE, EDWARDS, GAROFALO, HARRIS, HUNTER, KATRINA JACKSON,
JAMES, JEFFERSON, JONES, LEGER, LI GI, MORENO, PIERRE,
SCHEXNAYDER, SMITH, AND WILLMOTT
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 and behavioral3
health services; to provide a short title; to a provide a statement of legislative intent;4
to provide for management of mental and behavioral health resources; to provide for5
funding priorities; to provide for innovative mental and behavioral health services;6
and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part I-A of Chapter 1 of Title 28 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 28:26.10.1 through 26.10.5, is hereby enacted to read as follows:10
PART I-A. MENTAL AND BEHAVIORAL HEALTH SERVICES11
PRESERVATION ACT12
§26.10.1. Short title13
This Chapter shall be known and may be cited as the "Mental and Behavioral14
Health Services Preservation Act".15
§26.10.2. Legislative declaration of intent16
It is the intent of the legislature to preserve vital state funding for mental17
health services to ensure delivery of and access to quality care for those in desperate18
need of such services throughout the state. Many citizens in the state have limited19
access to mental and behavioral health services because of the massive cuts, both20
federal and state, in mental and behavioral health funding. The legislature also finds21
that the provision of high-quality mental and behavioral health services, regardless22 ENROLLEDHB NO. 952
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of setting, is of overriding importance. The state wholly supports efforts to assist1
individuals suffering from serious and persistent mental illness in their efforts to2
participate fully in society. As such, the department should streamline the delivery3
of mental and behavioral health services through the prudent allocation of existing4
resources. The Department of Health and Hospitals will improve the safety and5
health of individuals, families, and communities by providing leadership and6
establishing and participating in partnerships for the continuation of mental and7
behavioral health services throughout the state, including cooperative agreements,8
mergers, joint ventures, and consolidations among mental and behavioral health care9
facilities. Consumer and advocate participation in the process can only aid in the10
delivery of services to those most in need. To improve the quality of services11
available and promote treatment, which often involves the rehabilitation, recovery,12
and reintegration of persons suffering from mental illness, the state should secure13
adequate funding for mental and behavioral health services and require state14
departments to exercise fiscal responsibility in the allocation of these resources.15
§26.10.3. Management of mental and behavioral health resources16
In the operational management of the office of behavioral health, the17
department may guarantee the efficient and effective use and retention of the state's18
scarce mental and behavioral health resources to adequately provide for the peace,19
health, safety, and general welfare of the public, by ensuring the following:20
(1) Accountability of efficient and effective services through state-of-the-art21
quality and performance measures and statewide standards for monitoring quality of22
service and performance and reporting of quality of service and performance23
information. These processes may be designed so as to maximize the use of24
available resources for direct care of people with a mental illness and to assure25
uniform data collection across the state. 26
(2) Creation and implementation of minimum service delivery standards.27
(3) Coordination of integration of services offered by department and mental28
and behavioral health communities, including the office of behavioral health and29
their respective contract providers, involved in the delivery of mental and behavioral30 ENROLLEDHB NO. 952
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health treatment, along with local systems and groups, public and private, such as1
state mental hospitals, public health organizations, parish authorities, child2
protection, and regional support networks, aimed at reducing duplication in service3
delivery and promoting complementary services among all entities that provide4
mental and behavioral health services to adults and children throughout the state.5
(4) Implementation of a system of reimbursement by the Medical Assistance6
Program to private hospitals and to state hospitals for covered Medicaid services7
that, to the extent possible, allocates funding in the areas of the state based on needs,8
population, and acuity level as determined by the Department of Health and9
Hospitals. The above-mentioned system of reimbursement may be subject to10
approval by the Centers for Medicare and Medicaid Services.11
(5) Recognition of the respective regions of the department as the focal point12
of all mental and behavioral health planning activities, including budget submissions,13
grant applications, contracts, and other arrangements that can be effected at the state14
and regional levels.15
(6) Performance by state agencies licensing and monitoring contracted16
providers in the most cost-efficient and effective manner with limited duplication17
and disruption 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 may 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 may evaluate existing proposed25
expenditure plans for mental and behavioral health services and determine the best26
use of such funds to achieve positive policy outcomes in the mental and behavioral27
health communities. This effort may involve the use of innovative methods of28
expanding the reach of current funding and securing increased local, regional, state,29
federal, or private source funding in the future. The department may develop30 ENROLLEDHB NO. 952
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methods for estimating the need for mental and behavioral health services in certain1
regions of the state, with special attention to underfunded and inaccessible programs,2
and allocate state funds or resources according to that need.3
B. The state may continue to provide funding for mental and behavioral4
health services that are not less than the existing allocations from the state general5
fund. 6
§26.10.5. Innovative mental and behavioral health services; programs7
A. The department may develop goals, objectives, and priorities for the8
creation of innovative programs which promote and improve the mental and9
behavioral health of the citizens of the state by making treatment and support10
services available to those persons who are most in need and least able to pay. These11
programs may achieve the following:12
(1) Increase access to underserved groups.13
(2) Increase the quality of services, including better outcomes.14
(3) Promote interagency collaboration by improving the integration and15
effectiveness of state agencies responsible for mental and behavioral health care.16
(4) Increase access to services.17
(5) Ensure cost-effectiveness of services.18
(6) Encourage delivery of services more efficiently and effectively.19
(7) Mitigate the cost of the delivery of services. 20
(8) Increase effectiveness of treatment and management strategies.21
(9) Promote emerging best practices and increased quality of care in the22
delivery of mental and behavioral health services.23
B. The department may collaborate with mental and behavioral health24
advocates, clinicians, physicians, professional organizations, parish human service25
authorities, local citizens, consumers, and family members in the planning,26
designing, and implementation of innovative mental and behavioral health service27
programs and priorities in their respective regions throughout the state.28 ENROLLEDHB NO. 952
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Section 2. The department may promulgate rules and regulations necessary for the1
implementation of the provisions of this Act in furtherance of the preservation of mental and2
behavioral health services.3
Section 3. Nothing in this Act may 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 and behavioral health services6
in the state.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: