Bill Text: NH HB1565 | 2018 | Regular Session | Amended
Bill Title: Requiring the secure psychiatric unit to be accredited as a behavioral health facility.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-07-10 - Signed by Governor Sununu 07/02/2018; Chapter 353; Eff. 07/02/2018 [HB1565 Detail]
Download: New_Hampshire-2018-HB1565-Amended.html
HB 1565-FN - AS AMENDED BY THE SENATE
22Feb2018... 0348h
04/26/2018 1636s
2018 SESSION
18-2184
01/04
HOUSE BILL 1565-FN
AN ACT requiring the secure psychiatric unit to be accredited as a behavioral health facility.
SPONSORS: Rep. Cushing, Rock. 21; Rep. P. Gordon, Rock. 29; Rep. Fothergill, Coos 1; Rep. Knirk, Carr. 3; Rep. Bove, Rock. 5; Rep. Tanner, Sull. 9; Rep. Messmer, Rock. 24; Rep. Guthrie, Rock. 13; Rep. Bean, Rock. 21; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill requires the commissioner of the department of corrections to apply to the National Commission on Correctional Health Care seeking that the secure psychiatric unit be accredited as a behavioral health facility. Under this bill, the commissioner of the department of corrections shall submit a biennial report in even-numbered years of its findings as to whether certain provisions, standards, or practices should be revised to improve treatment at the secure psychiatric unit.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2018... 0348h
04/26/2018 1636s 18-2184
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT requiring the secure psychiatric unit to be accredited as a behavioral health facility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Corrections; Duties of the Commissioner; Secure Psychiatric Unit. Amend RSA 21-H:8, XI-a to read as follows:
XI-a.(a) The commissioner shall be the principal administrator of the secure psychiatric unit established pursuant to RSA 622:41. [He] The commissioner shall establish the treatment standards for the unit after consultation with the commissioner of the department of health and human services. The commissioner shall:
[(a)] (1) Administer the unit;
[(b)] (2) [Repealed.]
[(c)] (3) Consult with the commissioner of the department of health and human services regarding transfers to the unit;
[(d)] (4) Transfer persons in his or her custody to the unit if treatment is needed for mental disturbance;
[(e)] (5) Discharge persons pursuant to RSA 622:48;
[(f)] (6) Review, at least annually, the mental health programs with the commissioner of the department of health and human services to determine what policies, standards, or practices should be revised to improve treatment;
[(g)] (7) Appoint qualified persons to positions established in RSA 622:43, I;
[(h)] (8) Administer the unit in such a manner as to meet accreditation standards [and to seek accreditation]; and
[(i)] (9) Perform other tasks necessary to carry out the administration of RSA 622:40-48.
(b) The commissioner shall seek accreditation from the National Commission on Correctional Health Care to have the secure psychiatric unit accredited as a behavioral health facility. The accreditation process shall commence before January 1, 2019. The commissioner shall make all reasonable and good faith efforts to achieve accreditation in a timely manner.
2 Reports Required. The commissioner shall submit an interim report, on or before January 1, 2019, relative to the steps taken to receive accreditation as required under RSA 21-H:8, XI-a(b) as inserted by section 1 of this act and identifying any barriers to securing such accreditation and a final report on or before January 1, 2020 to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate committees having jurisdiction over criminal justice and health and human services.
3 Secure Psychiatric Unit; Treatment Standards. Amend RSA 622:46, I to read as follows:
I. The commissioner shall establish clinical and treatment standards for the operation of the unit in consultation with the commissioner of the department of health and human services. The commissioners shall review, at least [annually] biennially, any interagency agreements and the mental health program at the unit to determine which provisions, standards, or practices should be revised to improve treatment. The commissioner shall submit a report of its findings in each even-numbered year, commencing on or before November 1, 2020, to the speaker of the house of representatives, the senate president, the governor, and the chairpersons of the house committees having jurisdiction over criminal justice issues and health and human services issues, and the chairpersons of the senate committees having jurisdiction over judicial issues and health and human services issues.
4 Effective Date. This act shall take effect upon its passage.
18-2184
Amended 3/5/18
HB 1565-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-0348h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $1 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill would require the Commissioner of the Department of Corrections to apply to the Joint Commission on Accreditation of Hospitals (JCAH) seeking that the secure psychiatric unit be accredited as a psychiatric hospital. The bill also requires the Department to submit a biennial report in even numbered years on provisions, standards, or practices that should be revised to improve treatment. In the event the secure psychiatric unit is not accredited by January 1, 2020, no patient involuntarily committed to New Hampshire Hospital could be transported to the Secure Psychiatric Unit.
In FY 2017, the cost to the Department of Corrections to incarcerate an individual in the Secure Psychiatric Unit was $110,490. The Department indicates the total cost to achieve accreditation is indeterminable and may require the Department to seek additional funding for operating and capital costs. The Department does have information on following costs:
Determinable Expenditures | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Annual Accreditation Fee | $5,015 | $5,015 | $5,050 | $5,050 |
Survey Fee | $6,220 | 0 | 0 | $6,500 |
Early Survey Option | $2,300 | 0 | 0 | 0 |
Total | $13,535 | $5,015 | $5,500 | $12,000 |
The Department of Health and Human Services (DHHS) indicates, under current law, persons committed to New Hampshire Hospital may be transferred to the Department of Corrections, Secure Psychiatric Unit upon determination that a person would present a serious likelihood of danger to himself or others if retained at New Hampshire Hospital. The occasional transfer of individuals to the secure, controlled environment is necessary to protect staff and other patients from serious harm. There would be no impact to the DHHS in fiscal year 2019 but, under this bill, if the secure psychiatric unit was not accredited by the JCAH by January 1, 2020, there would be an indeterminable increase in expenditures for the DHHS. To assure safety, the DHHS would have to consider building or re-purposing a facility to serve dangerous patients, or bear the cost of out of state placements. Without the ability to transfer dangerous patients, the DHHS would face increased workers' compensation costs.
AGENCIES CONTACTED:
Departments of Corrections and Health and Human Services
