Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1694 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3314 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1694
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mathew J. Muratore
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to provide critical community health services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mathew J. Muratore1st Plymouth1/10/2023Susannah M. Whipps2nd Franklin1/25/2023John J. CroninWorcester and Middlesex2/3/2023Jennifer Balinsky Armini8th Essex2/4/2023Hannah Kane11th Worcester2/9/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/9/2023Steven S. Howitt4th Bristol2/9/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023Marc T. Lombardo22nd Middlesex2/14/2023Rodney M. Elliott16th Middlesex2/16/2023David Allen Robertson19th Middlesex2/16/2023James B. EldridgeMiddlesex and Worcester2/18/2023Bruce E. TarrFirst Essex and Middlesex2/21/2023Kay Khan11th Middlesex2/23/2023Marcus S. Vaughn9th Norfolk3/1/2023Bradley H. Jones, Jr.20th Middlesex3/14/2023 1 of 8
16	16	HOUSE DOCKET, NO. 3314 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1694
18	18	By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 1694) of
19	19	Mathew J. Muratore and others for legislation to create a new court-supervised community-based
20	20	mental health treatment process. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to provide critical community health services.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 123 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting after the definition of “Commissioner” the
31	31	3following definitions:-
32	32	4 “Critical community health services”, health, behavioral health and social services that
33	33	5can be provided in a community setting and do not require continuous inpatient hospitalization.
34	34	6 “Critical community health service treatment plan”, a plan defining a set of health,
35	35	7behavioral health or social services delivered to an individual.
36	36	8 SECTION 2. Said section 1 of said chapter 123, as so appearing, is hereby further
37	37	9amended by inserting after the definition of “Funds” the following definition:-
38	38	10 “Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a
39	39	11mental illness, is at substantial risk of inflicting serious harm to self or others, or is in danger of 2 of 8
40	40	12serious physical harm resulting from a failure to provide for his or her essential human needs of
41	41	13health or safety; or manifests severe deterioration in routine functioning evidenced by repeated
42	42	14and escalating loss of cognitive or volitional control over his or her actions; and has shown an
43	43	15inability to provide for his or her basic physical needs, including medical and psychiatric
44	44	16treatment and shelter, because of the mental illness.
45	45	17 SECTION 3. Said section 1 of said chapter 123, as so appearing, is hereby further
46	46	18amended by inserting after the definition of “Superintendent” the following definition:-
47	47	19 “Supervising mental health professional”, a mental health services provider who is
48	48	20required pursuant to such practice to obtain a license from the commonwealth or who, at the
49	49	21discretion of the court, is deemed suitable to supervise a critical community health service
50	50	22treatment plan.
51	51	23 SECTION 4. Said chapter 123 is hereby further amended by inserting after section 8 the
52	52	24following section:-
53	53	25 Section 8 1/2. (a) Any physician licensed pursuant to section 2 of chapter 112, the
54	54	26department of mental health, the superintendent of a medical facility or residence where the
55	55	27individual receives medical care, or the medical director of the Bridgewater state hospital, or the
56	56	28spouse, blood relative, legal relative, legal guardian or individual partner in a substantive dating
57	57	29relationship, shall be authorized to petition for an order of a critical community health service
58	58	30treatment plan in the district court in whose jurisdiction a facility is located that shall provide
59	59	31such services, for any individual who:
60	60	32 (1) has a primary diagnosis of a serious mental illness; 3 of 8
61	61	33 (2) is at least 18 years old; and
62	62	34 (3) meets the following criteria:
63	63	35 (i) is gravely disabled;
64	64	36 (ii) has a history of lack of compliance with treatment for mental illness that, prior to the
65	65	37filing of the petition, has been a significant factor in: (A) necessitating, at least twice within the
66	66	38previous 36 months, hospitalization or receipt of mental health services in a forensic or
67	67	39department of correction facility or house of corrections or the Bridgewater state hospital; or (B)
68	68	40the commission of one or more acts of serious violent behavior toward self or others or threats
69	69	41of, or attempts at, serious physical harm to self or others within the previous 36 months;
70	70	42 (iii) is in need of, based on the individual’s treatment history and current behavior,
71	71	43critical community health services in order to prevent a relapse or deterioration that would likely
72	72	44result in serious harm to the individual or others; and
73	73	45 (iv) is likely to benefit from critical community health services.
74	74	46 The petition shall include a written critical community health service treatment plan
75	75	47prepared in consultation with, when possible, those familiar with the individual, the
76	76	48superintendent or physician in charge of the care of the individual or those familiar with the case
77	77	49history of the individual. The treatment plan shall include:
78	78	50 (1) a statement of the requirements for supervision, medication, and assistance in
79	79	51obtaining basic necessities such as employment, food, clothing, and shelter;
80	80	52 (2) if known, the address of the residence where the individual resides and the name of
81	81	53the person or persons in charge of the residence; 4 of 8
82	82	54 (3) if known, the name and address of any person, agency, or organization assigned to
83	83	55supervise a critical community health service treatment plan or care for the individual; and
84	84	56 (4) the conditions for continued receipt of critical community health services, which may
85	85	57require reporting, continuation of medication, submission to testing, or other reasonable
86	86	58conditions.
87	87	59 (b) A petition for critical community health services may be filed along with, and as an
88	88	60alternative to, a petition for inpatient commitment under section 7.
89	89	61 (c) A hearing shall be commenced within 4 days of the filing of the petition. The periods
90	90	62of time prescribed or allowed under the provisions of this section shall be computed pursuant to
91	91	63Rule 6 of the Massachusetts Rules of Civil Procedure. Adjournments shall be permitted only for
92	92	64good cause shown. In granting adjournments, the court shall consider the need for further
93	93	65examination by a physician or the potential need to provide treatment expeditiously.
94	94	66 (d) A court may not issue a critical community health service treatment plan unless it
95	95	67finds that providing critical community health services is the least restrictive alternative available
96	96	68to the person.
97	97	69 (e) If, after the hearing, the court finds by clear and convincing evidence that the
98	98	70individual who is the subject of the petition meets the criteria for critical community health
99	99	71services included in subsection (a), the court may order the supervising mental health
100	100	72professional of an appropriate treatment program to supervise the plan for such services.
101	101	73 Critical community health services shall not be ordered unless the court approves a
102	102	74written critical community health service treatment plan presented to the court which conforms 5 of 8
103	103	75to the requirements of this section and which contains the name of the designated director of the
104	104	76facility that will supervise and administer the service plan.
105	105	77 (f) The first order for critical community health services shall not exceed 180 days, and
106	106	78any subsequent order shall not exceed 365 days.
107	107	79 (g) Before an order for critical community health services can commence, the individual
108	108	80shall be provided with copies of the court order and full explanations of the approved service
109	109	81plan. The approved service plan shall be filed with the court and the supervising mental health
110	110	82professional in charge of the individual's service plan.
111	111	83 (h) During any period in which an individual receives critical community health services,
112	112	84the individual or the supervising mental health professional may petition the court to amend the
113	113	85critical community health service treatment plan. The court may order an amended service plan
114	114	86or, if contested, the court may order a hearing on the amended plan. If an amended service plan
115	115	87is contested, the party wishing to amend the service plan shall provide the opposing party the
116	116	88proposed amended service plan at least 7 days before the filing of a petition.
117	117	89 (i) A supervising mental health professional may petition the court for a hearing if the
118	118	90supervising mental health professional has determined that the individual is not complying with
119	119	91the critical community health service treatment plan.
120	120	92 When a supervising mental health professional determines that the individual has not
121	121	93complied with any condition of the service plan, that monitor shall notify the court of the
122	122	94conditions of the treatment plan that have been violated. Upon receiving notice from the
123	123	95supervising mental health professional, the court shall appoint counsel, if necessary, and
124	124	96schedule a service plan non-compliance hearing for a date no less than 7 days and not more than 6 of 8
125	125	9714 days after receiving said petition, except in extraordinary circumstances, as determined by the
126	126	98court. The court shall create a standard “notice of service plan non-compliance” form, which the
127	127	99monitor shall complete with the times and dates of the alleged non-compliance of the individual.
128	128	100 The notice of service plan non-compliance shall set forth the conditions of the plan that
129	129	101the supervising mental health professional alleges have not been complied with and shall order
130	130	102the individual to appear at a specific date and time for the non-compliance hearing, and shall be
131	131	103delivered to all parties to the original proceeding under which the service plan order was issued.
132	132	104 Service plan non-compliance hearings shall proceed in two distinct steps, the first to
133	133	105adjudicate the factual issue of whether the plan is being complied with and the second to
134	134	106determine the disposition of the matter, if plan non-compliance is found by the court to have
135	135	107occurred.
136	136	108 If the court finds that the individual has not complied with one or more conditions of the
137	137	109service plan as alleged, the supervising mental health professional shall recommend to the court
138	138	110a course of immediate action and may present argument and evidence in support of that
139	139	111recommendation. If the court determines that the individual is not complying with the terms of
140	140	112the order, the court may amend the service plan as the court deems necessary. The amended
141	141	113order may alter the service plan, or the court may request, under the provisions of section 12 of
142	142	114 this chapter, an emergency evaluation to determine whether the failure to hospitalize the
143	143	115individual would create a likelihood of serious harm.
144	144	116 (j) The supervising mental health professional shall require periodic reports, not more
145	145	117frequently than every 30 days, concerning the condition of individuals receiving critical 7 of 8
146	146	118community health services from any person, agency, or organization assigned to treat such
147	147	119individuals.
148	148	120 (k) The supervising mental health professional shall review the condition of an individual
149	149	121ordered to receive critical community services at least once every 30 days.
150	150	122 (l) The supervising mental health professional may, at any time, petition the court for
151	151	123termination of an individual’s critical community health service plan if the supervising mental
152	152	124health professional determines that critical community health services are no longer the least
153	153	125restrictive appropriate treatment available.
154	154	126 (m) Nothing in this section shall prevent the supervising mental health professional from
155	155	127authorizing involuntary commitment and treatment in cases of emergency under section 12 of
156	156	128this chapter.
157	157	129 (n) The individual or their representative may petition for termination of an order for
158	158	130critical community health services.
159	159	131 (o) All hearings under this section shall be conducted by a judge consistent with the
160	160	132requirements of this chapter and applicable law with such flexibility and informality as the court
161	161	133may deem appropriate. The individual shall be entitled to the assistance of counsel, and the court,
162	162	134if necessary, shall appoint counsel. All testimony shall be taken under oath. The standard of
163	163	135proof at such hearing will be that of clear and convincing evidence.
164	164	136 (p) Reasonable expense incurred in providing critical community health services may be
165	165	137paid for out of the estate of the individual, by the petitioner or by the commonwealth, as may be
166	166	138determined by the court. 8 of 8
167	167	139 SECTION 5. Section 9 of said chapter 123, as so appearing, is hereby amended by
168	168	140inserting after the words “of section eight B.”, in line 39, the following words:- Any person may
169	169	141apply to the court stating their belief that an individual currently receiving critical community
170	170	142health services under section 8 1/2 should no longer be so treated.