Budget Amendment ID: FY2013-S4-557.1

Further EHS 557.1

Protection of Mental Health Services

Mr. Pacheco moved that the amendment be amended in section 2, in item 5095-0015, Protection of Mental Health Services

Mr. Pacheco moved that the bill be amended, in Section 2, in item 5095-0015, by striking the text in line item 5095-0015 and inserting in place thereof the following new text:

“5095-0015 For the operation of hospital facilities and community-based mental health services; provided, that in order to comply with the decision in Olmstead v. L.E. 527 U.S. 581 and to enhance care for clients served by the department, the department shall discharge clients residing in the inpatient facilities to residential services in the community when the following criteria are met: (i) the client is deemed clinically suited for a more integrated setting; (ii) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (iii) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or greater than the care that had been received at the closed facility; provided further, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer for residential and day services for clients formerly receiving inpatient care at the centers and facilities; provided further, that at least 180 days prior to closing an inpatient mental health facility, the secretary of housing and economic development, or a designee, and the commissioner of capital asset management and maintenance, or a designee, shall meet jointly with affected municipal officials and produce a plan for the timely demolition of buildings, remediation of hazardous materials and future use of the property, including disposition by the commonwealth for redevelopment or conservation, if appropriate; provided further, notwithstanding any general or special law to the contrary, there shall be an independent commission to study the state’s inpatient and community mental health services. The commission shall consist of 9 members, 1 of whom shall be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 of whom shall be appointed by the president of the senate, who shall serve as co-chair; 1 of whom shall be appointed by the minority leader of the house of representatives; 1 of whom shall be appointed by the minority leader of the senate; 1 of whom shall be appointed by the governor; and 2 of whom shall be selected by the co-chairs, of whom 1 shall be selected from a list of 3 nominees provided by the Massachusetts Chapter of the National Alliance of Mental Illness who have demonstrated experience with the commonwealth-funded mental health service delivery system, and 1 shall be selected from a list of 3 nominees provided by the Massachusetts Psychiatric Society who have demonstrated experience in evaluation and research of the commonwealth-funded mental health delivery system; the president of the Massachusetts Nurses Association or her designee and the executive director of AFSCME Council 93 or his designee; provided further that the commission is hereby authorized to enter into an agreement with an independentt consultant qualified by education and experience in the mental health/behavioral health field to evaluate and analyze the public and private behavioral health care services available to the residents of the commonwealth. The report shall include, but not be limited to: (i) a comprehensive assessment of the inpatient and community-based needs of mental health services funded through the department of mental health, including an estimate of the appropriate number of inpatient beds given the current number of community placements; (ii) the impact of any reduction of inpatient state operated beds at Taunton State Hospital on the mental health needs of the southeastern region of the commonwealth; and (iii) legislative or other recommendations to maintain and improve the quality of mental health services funded through the department. The department shall provide any information requested by the commission in order to further the purposes of the commission; provided, however, that such information shall not be provided to the commission if the information would violate the federal Health Insurance Portability and Accountability Act of 1996. The commission shall submit the results of its study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, by filing the same with the secretary of health and human services, the secretary of administration and finance, the house and senate committees on ways and means and the chairs of the joint committee on mental health and substance abuse not later than December 28, 2012; provided further, that the department shall maintain not less than 626 continuing care inpatient beds in its system in fiscal year 2013; and provided further, that of these 626 beds, 126 state operated beds shall be continuing care inpatient beds to be located at Taunton State Hospital; provided further, there shall be no reduction in the state operated inpatient beds at Taunton State Hospital until the commission has submitted the results of its study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, and has filed the same with the secretary of health and human services, the secretary of administration and finance, the house and senate committees on ways and means and the chairs of the joint committee on mental health and substance abuse……………………………………....................................... $158,488,321”

and by striking outside section 141.