Bill Text: MI HB5832 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Mental health: facilities; crisis stabilization units; create. Amends secs. 100a, 100b, 161, 409 & 439 of 1074 PA 258 (MCL 330.1100a et seq.) & adds ch. 9A.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2020-12-31 - Assigned Pa 402'20 [HB5832 Detail]
Download: Michigan-2019-HB5832-Engrossed.html
SENATE Substitute For
HOUSE BILL NO. 5832
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100a, 100b, 161, 409, and 439 (MCL 330.1100a, 330.1100b, 330.1161, 330.1409, and 330.1439), section 100a as amended by 2018 PA 595, section 100b as amended by 2020 PA 55, section 161 as amended by 2012 PA 500, section 409 as amended by 2018 PA 593, and section 439 as added by 1986 PA 118, and by adding sections 273a, 273b, 971, 972, 973, 974, 975, 976, 977, 978, and 979.
the people of the state of michigan enact:
Sec. 100a. (1) "Abilities" means the qualities,
skills, and competencies of an individual that reflect the individual's talents
and acquired proficiencies.
(2) "Abuse" means nonaccidental physical or emotional
harm to a recipient, or sexual contact with or sexual penetration of a
recipient as those terms are defined in section 520a of the Michigan penal
code, 1931 PA 328, MCL 750.520a, that is committed by an employee or volunteer
of the department, a community mental health services program, or a licensed
hospital or by an employee or volunteer of a service provider under contract
with the department, community mental health services program, or licensed
hospital.
(3) "Adaptive skills" means skills in 1 or more of
the following areas:
(a) Communication.
(b) Self-care.
(c) Home living.
(d) Social skills.
(e) Community use.
(f) Self-direction.
(g) Health and safety.
(h) Functional academics.
(i) Leisure.
(j) Work.
(4) "Adult foster care facility" means an adult
foster care facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(5) "Alcohol and drug abuse counseling" means the
act of counseling, modification of substance use disorder related behavior, and prevention techniques for individuals
with substance use disorder, their significant others, and individuals who
could potentially develop a substance use disorder.
(6) "Applicant" means an individual or his or her
legal representative who makes a request for mental health services.
(7) "Approved service program" means a substance
use disorder services program licensed under part 62 of the public health code,
1978 PA 368, MCL 333.6230 to 333.6251, to provide substance use disorder
treatment and rehabilitation services by the department-designated community
mental health entity and approved by the federal government to deliver a
service or combination of services for the treatment of incapacitated
individuals.
(8) "Assisted outpatient treatment" or "AOT"
means the categories of outpatient services ordered by the court under section
468 or 469a. Assisted outpatient treatment may include a case management plan
and case management services to provide care coordination under the supervision
of a psychiatrist and developed in accordance with person-centered planning
under section 712. Assisted outpatient treatment may also include 1 or more of
the following categories of services: medication; periodic blood tests or
urinalysis to determine compliance with prescribed medications; individual or
group therapy; day or partial day programming activities; vocational,
educational, or self-help training or activities; assertive community treatment
team services; alcohol or substance use disorder treatment and counseling and
periodic tests for the presence of alcohol or illegal drugs for an individual
with a history of alcohol abuse or substance use disorder; supervision of
living arrangements; and any other services within a local or unified services
plan developed under this act that are prescribed to
treat the individual's mental illness and to assist the individual in living
and functioning in the community or to attempt to prevent a relapse or
deterioration that may reasonably be predicted to result in suicide, the need
for hospitalization, or serious violent behavior. The medical review and
direction included in an assisted outpatient treatment plan shall be provided
under the supervision of a psychiatrist.
(9) "Board" means the governing body of a community
mental health services program.
(10) "Board of commissioners" means a county board
of commissioners.
(11) "Center" means a facility operated by the
department to admit individuals with developmental disabilities and provide
habilitation and treatment services.
(12) "Certification" means formal approval of a
program by the department in accordance with standards developed or approved by
the department.
(13) "Child abuse" and "child neglect"
mean those terms as defined in section 2 of the child protection law, 1975 PA
238, MCL 722.622.
(14) "Child and adolescent psychiatrist" means 1 or
more of the following:
(a) A physician who has completed a residency program in
child and adolescent psychiatry approved by the Accreditation Council for
Graduate Medical Education or the American Osteopathic Association, or who has
completed 12 months of child and adolescent psychiatric rotation and is
enrolled in an approved residency program as described in this subsection.
(b) A psychiatrist employed by or under contract as a child and adolescent psychiatrist with the department or a
community mental health services program on March 28, 1996, who has education
and clinical experience in the evaluation and treatment of children or
adolescents with serious emotional disturbance.
(c) A psychiatrist who has education and clinical experience
in the evaluation and treatment of children or adolescents with serious
emotional disturbance who is approved by the director.
(15) "Children's diagnostic and treatment service"
means a program operated by or under contract with a community mental health
services program, that provides examination, evaluation, and referrals for
minors, including emergency referrals, that provides or facilitates treatment
for minors, and that has been certified by the department.
(16) "Community mental health authority" means a
separate legal public governmental entity created under section 205 to operate
as a community mental health services program.
(17) "Community mental health organization" means a
community mental health services program that is organized under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(18) "Community mental health services program"
means a program operated under chapter 2 as a county community mental health
agency, a community mental health authority, or a community mental health
organization.
(19) "Consent" means a written agreement executed
by a recipient, a minor recipient's parent, a recipient's legal representative
with authority to execute a consent, or a full or limited guardian authorized
under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to
700.8206, with the authority to consent, or a verbal
agreement of a recipient that is witnessed and documented by an individual
other than the individual providing treatment.
(20) "County community mental health agency" means
an official county or multicounty agency created under section 210 that
operates as a community mental health services program and that has not elected
to become a community mental health authority or a community mental health
organization.
(21)
"Crisis stabilization unit" means a prescreening unit established
under section 409 or a facility certified under chapter 9A that provides
unscheduled clinical services designed to prevent or ameliorate a behavioral
health crisis or reduce acute symptoms on an immediate, intensive, and
time-limited basis in response to a crisis situation.
(22)
(21) "Department"
means the department of health and human services.
(23)
(22) "Department-designated
community mental health entity" means the community mental health
authority, community mental health organization, community mental health
services program, county community mental health agency, or community mental
health regional entity designated by the department to represent a region of
community mental health authorities, community mental health organizations,
community mental health services programs, or county community mental health
agencies.
(24)
(23) "Dependent
living setting" means all of the following:
(a) An adult foster care facility.
(b) A nursing home licensed under
part 217 of the public health code, 1978 PA 368, MCL 333.21701 to 333.21799e.
(c) A home for the aged licensed under part 213 of the public
health code, 1978 PA 368, MCL 333.21301 to 333.21335.
(25)
(24) "Designated
representative" means any of the following:
(a) A registered nurse or licensed practical nurse licensed
or otherwise authorized under part 172 of the public health code, 1978 PA 368,
MCL 333.17201 to 333.17242.
(b) A paramedic licensed or otherwise authorized under part
209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979.
(c) A physician's assistant licensed or otherwise authorized
under part 170 or 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084 333.17097
and 333.17501 to 333.17556.
(d) An individual qualified by education, training, and
experience who performs acts, tasks, or functions under the supervision of a
physician.
(26)
(25) "Developmental
disability" means either of the following:
(a) If applied to an individual older than 5 years of age, a
severe, chronic condition that meets all of the following requirements:
(i) Is attributable to a
mental or physical impairment or a combination of mental and physical
impairments.
(ii) Is manifested before the individual is 22 years old.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in 3 or more
of the following areas of major life activity:
(B) Receptive and
expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for
independent living.
(G) Economic
self-sufficiency.
(v) Reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic care, treatment, or other
services that are of lifelong or extended duration and are individually planned
and coordinated.
(b) If applied to a
minor from birth to 5 years of age, a substantial developmental delay or a
specific congenital or acquired condition with a high probability of resulting
in developmental disability as defined in subdivision (a) if services are not
provided.
(27) (26) "Director"
means the director of the department or his or her designee.
(28) (27) "Discharge"
means an absolute, unconditional release of an individual from a facility by
action of the facility or a court.
(29) (28) "Eligible
minor" means an individual less than 18 years of age who is recommended in
the written report of a multidisciplinary team under rules promulgated by the
department of education to be classified as 1 of the following:
(a) Severely mentally
impaired.
(b) Severely multiply
impaired.
(c) Autistic impaired
and receiving special education services in a program designed for the autistic
impaired under subsection (1)
of R 340.1758 of the Michigan Administrative Code or in a program
designed for the severely mentally impaired or severely multiply impaired.
(30) (29) "Emergency
situation" means a situation in which an individual is experiencing a
serious mental illness or a developmental disability, or a minor is
experiencing a serious emotional disturbance, and 1 of the following applies:
(a) The individual can
reasonably be expected within the near future to physically injure himself,
herself, or another individual, either intentionally or unintentionally.
(b) The individual is
unable to provide himself or herself food, clothing, or shelter or to attend to
basic physical activities such as eating, toileting, bathing, grooming,
dressing, or ambulating, and this inability may lead in the near future to harm
to the individual or to another individual.
(c) The individual has
mental illness that has impaired his or her judgment so that the individual is
unable to understand his or her need for treatment and presents a risk of harm.
(31) (30) "Executive
director" means an individual appointed under section 226 to direct a
community mental health services program or his or her designee.
Sec. 100b. (1) "Facility" Except as otherwise provided in this subsection,
"facility" means a residential facility for the care or
treatment of individuals with serious mental illness, serious emotional
disturbance, or developmental disability that is either a state facility or a
licensed facility. Facility includes a preadmission screening
unit established under section 409 that is operating a crisis stabilization
unit.
(2) "Family" as used in sections 156 to 161 means
an eligible minor and his or her parent or legal guardian.
(3) "Family member" means a parent, stepparent,
spouse, sibling, child, or grandparent of a primary consumer, or an individual
upon whom a primary consumer is dependent for at least 50% of his or her
financial support.
(4) "Federal funds" means funds received from the
federal government under a categorical grant or similar program and does not
include federal funds received under a revenue sharing arrangement.
(5) "Functional impairment" means both of the
following:
(a) With regard to serious emotional disturbance, substantial
interference with or limitation of a minor's achievement or maintenance of 1 or
more developmentally appropriate social, behavioral, cognitive, communicative,
or adaptive skills.
(b) With regard to serious mental illness, substantial
interference or limitation of role functioning in 1 or more major life
activities including basic living skills such as eating, bathing, and dressing;
instrumental living skills such as maintaining a household, managing money,
getting around the community, and taking prescribed medication; and functioning
in social, vocational, and educational contexts.
(6) "Guardian" means a person appointed by the
court to exercise specific powers over an individual who is a minor, legally
incapacitated, or developmentally disabled.
(7) "Hospital" or "psychiatric hospital"
means an inpatient program operated by the department for the treatment of
individuals with serious mental illness or serious emotional disturbance or a
psychiatric hospital or psychiatric unit licensed under section 137.
(8) "Hospital director" means the chief
administrative officer of a hospital or his or her designee.
(9) "Hospitalization" or "hospitalize"
means to provide treatment for an individual as an inpatient in a hospital.
(10) "Incapacitated" means that an individual, as a
result of the use of alcohol or other drugs, is unconscious or has his or her
mental or physical functioning so impaired that he or she either poses an
immediate and substantial danger to his or her own health and safety or is
endangering the health and safety of the public.
(11) "Individual plan of services" or "plan of
services" means a written individual plan of services developed with a
recipient as required by section 712.
(12) "Individual representative" means a
recipient's legal guardian, minor recipient's parent, or other person
authorized by law to represent the recipient in decision-making related to the
recipient's services and supports.
(13) "Intellectual disability" means a condition
manifesting before the age of 18 years that is characterized by significantly
subaverage intellectual functioning and related limitations in 2 or more
adaptive skills and that is diagnosed based on the following assumptions:
(a) Valid assessment considers cultural and linguistic
diversity, as well as differences in communication and behavioral factors.
(b) The existence of limitation in adaptive skills occurs
within the context of community environments typical of the individual's age
peers and is indexed to the individual's particular needs for support.
(c) Specific adaptive skill limitations often coexist with
strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the
life functioning of the individual with an intellectual disability will
generally improve.
(14) "Licensed facility" means a facility licensed
by the department under section 137 or an adult foster care facility.
(15) "Licensed psychologist" means a doctoral level
psychologist licensed under section 18223(1) of the public health code, 1978 PA
368, MCL 333.18223.
(16) "Mediation" means a confidential process in
which a neutral third party facilitates communication between parties, assists
in identifying issues, and helps explore solutions to promote a mutually
acceptable resolution. A mediator does not have authoritative decision-making
power.
(17)
"Medicaid" means the program of medical assistance established under
section 105 of the social welfare act, 1939 PA 280, MCL 400.105.
(18)
(17) "Medical
director" means a psychiatrist appointed under section 231 to advise the executive
director of a community mental health services program.
(19)
(18) "Mental
health professional" means an individual who is trained and experienced in
the area of mental illness or developmental disabilities and who is 1 of the
following:
(a) A physician.
(b) A psychologist.
(c) A registered professional nurse licensed or otherwise
authorized to engage in the practice of nursing under part 172 of the public
health code, 1978 PA 368, MCL 333.17201 to 333.17242.
(d) A licensed master's social worker licensed or otherwise
authorized to engage in the practice of social work at the master's level under
part 185 of the public health code, 1978 PA 368, MCL 333.18501 to 333.18518.
(e) A licensed professional counselor licensed or otherwise
authorized to engage in the practice of counseling under part 181 of the public
health code, 1978 PA 368, MCL 333.18101 to 333.18117.
(f) A marriage and family therapist licensed or otherwise
authorized to engage in the practice of marriage and family therapy under part
169 of the public health code, 1978 PA 368, MCL 333.16901 to 333.16915.
(20)
(19) "Minor"
means an individual under the age of 18 years.
(21)
(20) "Multicultural
services" means specialized mental health services for multicultural
populations such as African-Americans, Hispanics, Native Americans, Asian and
Pacific Islanders, and Arab/Chaldean-Americans.
(22)
(21) "Neglect"
means an act or failure to act committed by an employee or volunteer of the
department, a community mental health services program, or a licensed hospital;
a service provider under contract with the department, a community mental health
services program, or a licensed hospital; or an employee or volunteer of a
service provider under contract with the department, a community mental health
services program, or a licensed hospital, that denies a recipient the standard
of care or treatment to which he or she is entitled under this act.
Sec. 161. In
conjunction with community mental health services programs, the department shall must
conduct annually and forward to the governor and the house of representatives and senate appropriations
committees, and the senate and house of
representatives committees with legislative oversight of human
services and mental health, an evaluation of the family support subsidy program
that shall include, but is not limited to, all of the following:
(a) The impact of the family support subsidy program upon
children covered by this act in facilities and residential care programs
including, to the extent possible, sample case reviews of families who choose
not to participate.
(b) Case reviews of families who voluntarily terminate
participation in the family support subsidy program for any reason,
particularly when if
the eligible minor is placed out of the family home, including
the involvement of the department and community mental health services programs
in offering suitable alternatives.
(c) Sample assessments of families
receiving family support subsidy payments including adequacy of subsidy and
need for services not available.
(d) The efforts to encourage program participation of
eligible families.
(e) The geographic distribution of families receiving subsidy
payments and, to the extent possible, eligible minors presumed to be eligible
for family support subsidy payments.
(f) Programmatic and legislative recommendations to further
assist families in providing care for eligible minors.
(g) Problems that arise in identifying eligible minors
through diagnostic evaluations performed under rules promulgated by the
department of education.
(h) The number of beds reduced in state facilities and foster
care facilities serving severely mentally, multiply, and autistic impaired
children when the children return home to their natural families as a result of
the family support subsidy program.
(i) Caseload figures by eligibility category as described in
section 100a(28).100a(29).
Sec. 273a. Subject
to appropriation, the department shall create and operate a grant program to
provide grants to high schools that are specifically designated for students
recovering from a substance use disorder. Each year from available funds, the
department shall award grants under this section to support the costs of
counselors, therapeutic staff, and recovery coaching staff at high schools
described in this section. In granting an application, the department shall
place a priority based on the applicant's cost of providing substance use
disorder counselors. Each grant that the department awards under this section
shall not exceed $150,000.00 per applicant.
Sec. 273b. Subject
to appropriation, the department shall create and operate a competitive grant
program to provide grants to recovery community organizations. Each year from
available funds, the department shall award grants under this section to
recovery community organizations to offer or expand recovery support center
services or recovery community center services to individuals seeking long-term
recovery from substance use disorders. Each grant that the department awards
under this section shall not exceed $150,000.00 per applicant. In awarding a
grant, the department shall place priority on recovery community organizations
that do all of the following:
(a) Provide recovery support navigation that includes the
following:
(i) Multiple recovery
pathways.
(ii) Assistance for
individuals navigating recovery resources such as detoxification, treatment,
recovery housing, support groups, peer support, and family support.
(iii) The promotion of
community wellness and engagement.
(iv) Recovery advocacy
that provides hope and encourages recovery.
(v) A peer-led,
peer-driven organization that offers recovery to any individual seeking
recovery from addiction.
(b) Provide recovery outreach education that includes the
following:
(i) On-site recovery
education in the workplace.
(ii) All-staff employee
meetings.
(iii) On-site support
for employees and family members.
(iv) Connections for
employees and family members of employees suffering from addiction to local
recovery resources such as treatment, recovery housing, and support groups.
(v) Connections with
employers to provide recovery advocacy.
(c) Provide recovery activities and events that include the
following:
(i) Safe, ongoing
recovery activities and events.
(ii) Opportunities to
volunteer and participate in activities and events.
(iii) Opportunities for
family members and supporters of recovery to be involved.
(iv) Meetings and
activities on nutrition, health, and wellness.
(v) Meetings and
activities on mindfulness, meditation, and yoga.
Sec. 409. (1) Each community mental
health services program shall establish 1 or more preadmission screening units
with 24-hour availability to provide assessment and screening services for
individuals being considered for admission into hospitals, or assisted outpatient treatment programs, or crisis services on a voluntary
basis. The community mental health services program shall employ
mental health professionals or licensed bachelor's social workers licensed
under part 185 of the public health code, 1978 PA 368, MCL 333.18501 to
333.18518, to provide the preadmission screening services or contract with
another agency that meets the requirements of this
section. Preadmission screening unit staff shall be supervised by a registered
professional nurse or other mental health professional possessing at least a
master's degree.
(2)
Each community mental health services program shall provide the address and
telephone number of its preadmission screening unit or units to law enforcement
agencies, the department, the court, and hospital emergency rooms.
(3) A
preadmission screening unit shall assess an individual being considered for
admission into a hospital operated by the department or under contract with the
community mental health services program. If the individual is clinically
suitable for hospitalization, the preadmission screening unit shall authorize
voluntary admission to the hospital.
(4) If
the preadmission screening unit of the community mental health services program
denies hospitalization, the individual or the person making the application may
request a second opinion from the executive director. The executive director
shall arrange for an additional evaluation by a psychiatrist, other physician,
or licensed psychologist to be performed within 3 days, excluding Sundays and
legal holidays, after the executive director receives the request. If the
conclusion of the second opinion is different from the conclusion of the
preadmission screening unit, the executive director, in conjunction with the
medical director, shall make a decision based on all clinical information
available. The executive director's decision shall be confirmed in writing to
the individual who requested the second opinion, and the confirming document
shall include the signatures of the executive director and medical director or
verification that the decision was made in conjunction with the medical director.
If an individual is assessed and found not to be
clinically suitable for hospitalization, the preadmission screening unit shall
provide appropriate referral services.
(5) If
an individual is assessed and found not to be clinically suitable for hospitalization,
the preadmission screening unit shall provide information regarding alternative
services and the availability of those services, and make appropriate
referrals.
(6) A
preadmission screening unit shall assess and examine, or refer to a hospital
for examination, an individual who is brought to the preadmission screening unit by a peace
officer or ordered by a court to be examined. If the individual meets the
requirements for hospitalization, the preadmission screening unit shall
designate the hospital to which the individual shall be admitted. The
preadmission screening unit shall consult with the individual and, if the
individual agrees, it shall the preadmission screening unit must consult
with the individual's family member of choice, if available, as to the
preferred hospital for admission of the individual.
(7) A
preadmission screening unit may operate a crisis stabilization unit under
chapter 9A. A preadmission screening unit may provide crisis services to an
individual, who by assessment and screening, is found to be a person requiring
treatment. Crisis services at a crisis stabilization unit must entail an
initial psychosocial assessment by a master's level mental health professional
and a psychiatric evaluation within 24 hours to stabilize the individual. In
this event, crisis services may be provided for a period of up to 72 hours,
after which the individual must be provided with the clinically appropriate
level of care, resulting in 1 of the following:
(a) The
individual is no longer a person requiring treatment.
(b) A
referral to outpatient services for aftercare treatment.
(c) A
referral to a partial hospitalization program.
(d) A
referral to a residential treatment center, including crisis residential
services.
(e) A
referral to an inpatient bed.
(f) An
order for involuntary treatment of the individual has been issued under section
281b, 281c, former 433, or 434.
(8) A
preadmission screening unit operating a crisis stabilization unit under chapter
9A may also offer crisis services to an individual who is not a person
requiring treatment, but who is seeking crisis services on a voluntary basis.
(9) (7) If the individual chooses a hospital
not under contract with a community mental health services program, and the
hospital agrees to the admission, the preadmission screening unit shall refer
the individual to the hospital that is requested by the individual. Any
financial obligation for the services provided by the hospital shall be
satisfied from funding sources other than the community mental health services
program, the department, or other state or county funding.
Sec. 439. (1) A cause of action shall is not be cognizable in a court of
this state against a person who in good faith files a petition under
this chapter alleging that an individual is a person requiring treatment,
unless the petition is filed as the result of an act or omission amounting to
gross negligence or willful and wanton misconduct.
(2) A cause of action is not cognizable against a
preadmission screening unit or its employees or contractors or a crisis
stabilization unit or its employees or contractors, who in good faith makes a
determination as to whether an individual is a person requiring treatment or
not, unless the determination is the result of an act or omission amounting to
gross negligence or willful and wanton misconduct.
Chapter 9A
Sec. 971. (1) The department shall
provide for certification of crisis stabilization units under this chapter to
provide crisis services in a community-based setting. An individual receiving
services in a crisis stabilization unit is a recipient of mental health
services under chapter 7 and is afforded all rights afforded to a recipient of
mental health services.
(2)
Crisis services include clinical services as a short-term alternative to
inpatient psychiatric hospitalization provided by a mental health professional
under the supervision of a psychiatrist in the least restrictive environment as
determined by the mental health professional. The primary objective of crisis
services is prompt assessment, stabilization, and determination of the
appropriate level of care. The main desired outcome of crisis services is to
avoid unnecessary hospitalization for an individual whose crisis may resolve
with time, observation, and treatment.
(3)
A psychiatric hospital or general hospital may establish and operate a crisis
stabilization unit under this chapter. As used in this subsection, "general
hospital" means hospital as that term is defined in section 20106 of the
public health code, 1978 PA 368, MCL 333.20106.
Sec. 972. The department shall
establish minimum standards and requirements for certifying a crisis stabilization unit. Standards and requirements include, but
are not limited to, the following:
(a)
A standard requiring the capacity to carry out emergency receiving and
evaluating functions but not to the extent that brings the crisis stabilization
unit under the provisions of section 1867 of the social security act, 42 USC
1395dd.
(b)
Standards requiring implementation of voluntary and involuntary admission
consistent with section 409.
(c)
A prohibition from holding itself out as a hospital or from billing for
hospital or inpatient services.
(d)
Standards to prevent inappropriate referral between entities of common
ownership.
(e)
Standards regarding maximum length of stay at a crisis stabilization unit with
discharge planning upon intake to a clinically appropriate level of care
consistent with section 409(7).
(f) Standards of billing for services rendered at
a crisis stabilization unit.
(g)
Standards for reimbursement of services for uninsured individuals, underinsured
individuals, or both, and Medicaid beneficiaries, including, but not limited
to, formal agreements with community mental health services programs or
regional entities for services provided to individuals utilizing public
behavioral health funds, outreach and enrollment for eligible health coverage,
annual rate setting, proper communication with payers, and methods for
resolving billing disputes between providers and payers.
(h)
Physician oversight requirements.
(i)
Nursing services.
(j)
Staff to client ratios.
(k)
Standards requiring a minimum amount of psychiatric supervision of an individual
receiving services in the crisis stabilization unit that are consistent with
the supervision requirements applicable in a psychiatric hospital or
psychiatric unit setting.
(l) Standards requiring implementation
and posting of recipients' rights under chapter 7.
(m)
Safety and emergency protocols.
(n)
Pharmacy services.
(o)
Standards addressing administration of medication.
(p)
Standards for reporting to the department.
(q)
Standards regarding a departmental complain process and procedure affording
patients the right to file complaints for failure to provide services in
accordance with required certification standards. The complaint process and
procedure must be established and maintained by the department, must remain
separate and distinct from providers delivering services under this chapter,
and must not be a function delegated to a community mental health services
program or an entity under contract with a community mental health services
program. The complaint process must provide for a system of appeals and
administrative finality.
Sec. 973. Unless licensed under part
62 of the public health code, 1978 PA 368, MCL 333.6230 to 333.6251, a crisis
stabilization unit that is not also a preadmission screening unit shall not
provide substance use disorder services described in chapter 2A under this
certification without first obtaining the required license. If substance use
disorder prevention services or substance use disorder treatment and
rehabilitation services, or both, are provided, the crisis stabilization unit
must obtain a license as required under section
6233 of the public health code, 1978 PA 368, MCL 333.6233.
Sec. 974. (1) An entity must not
operate as a crisis stabilization unit without having a certification issued under
this chapter.
(2)
An application for certification to operate a crisis stabilization unit must be
submitted to the department in the manner prescribed by the department.
Sec. 975. (1) The department must
issue a certification to an applicant who meets all the standards and
requirements set forth by the department for certifying a crisis stabilization
unit.
(2)
A certification issued under this chapter is not transferable to another crisis
stabilization unit for the purpose of facilitating a change in location or a
change in the governing body.
Sec. 976. Each certified crisis
stabilization unit must allow an authorized department representative to enter
upon and inspect all of the premises for which a certification has been granted
or applied for under this chapter.
Sec. 977. (1) The department may deny
an application for certification under this chapter that does not meet all the
standards and requirements set forth by the department for a crisis stabilization unit. The department may suspend or revoke
a certification that has been issued under this chapter if an applicant or a
certified crisis stabilization unit violates a provision of this chapter or a
standard or requirement set forth by the department under this chapter.
(2)
Before an order is entered denying a certification application or suspending or
revoking a certification previously granted, the applicant or party with a
certification must have an opportunity for a hearing. A hearing under this
section is subject to the provisions governing a contested case under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 978. A crisis stabilization unit
certified under this chapter is exempt from the requirement of obtaining a
certificate of need.
Sec. 979. A crisis stabilization unit
must obtain and maintain accreditation from 1 of the following within 3 years
after initial certification or within 3 years after the effective date of the
amendatory act that added this chapter:
(a)
Behavioral health care accreditation for crisis stabilization from the Joint
Commission on Accreditation of Healthcare Organizations.
(b)
Behavioral health accreditation for crisis stabilization by the Commission on
Accreditation of Rehabilitation Facilities, CARF International.
(c) Accreditation from an organization with similar standards as the organizations described in subdivisions (a) and (b) that is approved by the director.