Resolved, that a special commission to consist of the chairs of the senate and house committees on mental health and substance abuse, who shall serve as co-chairman of the commission, 2 members of the senate, 1 to be appointed by the minority leader, 2 members of the house of representatives, 1 to be appointed by the minority leader, the secretary of the executive office of health and human services or her designee, 1 member from each department of said executive office and 1 member to be appointed by the governor is hereby established for the purpose of making an investigation and study of the intake procedures of agencies that provide direct services within the said executive office.

The commission shall consider that individuals may be inadvertently put at risks, especially during such tight financial times, by denials of service because their specific disability(ies) may not fit in to the admissions criteria for one particular agency.  For these individuals, failing natural support systems need to be supplemental or replaced to avert a crisis situation which will be more costly and potentially dangerous; and that dual diagnosis individuals who may be resistant treatment; and that when a current support system is neither appropriate or safe for the individual who might need guidance, support, treatment, and/or guardianship.

The commission shall make recommendations about establishing a office of secondary intake review at the executive office of health and human services level whose mission will be to (a) evaluate the cases of individuals who do not fit exactly into the admission criteria for existing agencies but who require services to minimize risks to self or others, who need support services to maintain hierarchy of needs (such as food, clothing, shelter, etc.), and who obviously need treatment but are unable to facilitate and navigate the course of the appeals process due to interacting symptomology, addiction, lack of insight, low intelligence, or who are influenced by individuals who exploit them and otherwise do not act in the best interest of the individual, or other factors; (b) determine if cross-agency participation is needed to meet the individual’s needs and (c) refer the individual to the appropriate agency.  The commission shall also make recommendations regarding the process by which cases will be referred to the office of secondary intake review, taking into consideration that the responsibility will lie with the respective agencies to make such referrals.

The commission shall solicit information and input from non-profit human service providers in the commonwealth as necessary.

The commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect by filing them with the clerk of the senate and the clerk of the house of representatives on or before June 30, 2009.  The commission may issue preliminary or interim reports to the general court before that date.