Those of us who have family members suffering with chronic mental illness such as schizophrenia know what a travesty HIPPA regulations are, crippling families trying to help those they are ill equipped to provide care for. We also know the need for longer term inpatient care for some of these patients, unavailable due to the absurd notion that most of these patients are best cared for on an outpatient basis.
Rep. Murphy, yes, a Republican, has a sensible solution to this crisis many have endured without clinical or community support. Please, get informed and turn this legislation into a reality so many in our society need.
Shown Here:
Introduced in House (12/12/2013)
Helping Families in Mental Health Crisis Act of 2013 - Creates in
the Department of Health and Human Services (HHS) an Assistant Secretary
for Mental Health and Substance Use Disorders, who shall supervise and
direct the Administrator of the Substance Abuse and Mental Health
Services Administration (SAMHSA).
Directs the Assistant Secretary
to establish a National Mental Health Policy Laboratory to: (1)
identify and implement policy changes and other trends likely to have
the most significant impact on mental health services; (2) collect
information from grantees; and (3) evaluate and disseminate to such
grantees evidence-based practices and services delivery models, using
the best available science shown to reduce program expenditures while
enhancing the quality of care furnished to individuals by other such
grantees.
Amends the Public Health Service Act (PHSA) to require
the Assistant Secretary to establish: (1) an Interagency Serious Mental
Illness Coordinating Committee; and (2) a four-year pilot program to
award up to 50 grants each year to counties, cities, mental health
systems, mental health courts, and any other entities with authority
under state law to implement, monitor, and oversee assisted outpatient
treatment programs.
Directs the Assistant Secretary to establish a
program of tele-psychiatry and primary care physician training grants
to states to promote the use of qualified telehealth technology for the
identification, diagnosis, mitigation, or treatment of a mental health
disorder.
Directs the HHS Secretary (Secretary), in coordination
with the Assistant Secretary, to award planning grants to enable up to
10 states to carry out 5-year demonstration programs to improve the
provision of behavioral health services by federally qualified community
behavioral health clinics.
Requires the Assistant Secretary to
certify federally qualified community behavioral health clinics that
meet specified criteria.
Requires the caregiver of an individual
with a serious mental illness to be treated as the individual's personal
representative with respect to protected health information, even
though the individual has not consented to disclosure of such
information to the caregiver, when the individual's service provider
reasonably believes it is necessary for protected health information to
be made available to the caregiver in order to protect the individual's
health, safety, or welfare or the safety of one or more other
individuals.
Amends the General Education Provisions Act to allow
an educational agency or institution to disclose to such a caregiver
the individual's education record in certain related circumstances.
Amends
the Omnibus Crime Control and Safe Streets Act of 1968 to make
available: (1) Edward Byrne Memorial Justice Assistance Grants for
mental health programs and operations by law enforcement or corrections
officers, and (2) public safety and community policing grants to provide
specialized training to law enforcement officers to recognize and
intervene properly with individuals who have mental illness.
Reauthorizes and revises requirements for the Mentally Ill Offender Treatment and Crime Reduction Act of 2004.
Authorizes
the Attorney General to award grants to: (1) establish or expand
veterans treatment court programs; and (2) enhance the capabilities of a
correctional facility to identify, screen, and treat inmates with a
mental illness, as well as develop and implement post-release transition
plans for them.
Requires any data prepared by or submitted to
the Attorney General or the Director of the Federal Bureau of
Investigation (FBI) with respect to homicides, law enforcement officers
killed and assaulted, or individuals killed by law enforcement officers
to include data about the involvement of mental illness in such
incidences, if any.
Directs the Comptroller General (GAO) to
detail the cost of federal. state, or local imprisonment for persons who
have serious mental illness.
Amends title XIX (Medicaid) of the
Social Security Act (SSA) to prohibit a state medical assistance plan
from prohibiting payment for a same-day qualifying mental health service
or primary care service furnished to an individual at a federally
qualified community behavioral health center or a federally qualified
health center on the same day as the other kind of service.
Allows
states the option to provide medical assistance for inpatient
psychiatric hospital services and psychiatric residential treatment
facility services for individuals age 21-65.
Amends both SSA titles XIX and XVIII (Medicare) to cover prescription drugs used to treat mental health disorders.
Amends the PHSA to increase funding for the brain initiative at the National Institute of Mental Health.
Transfers
responsibility for the administration of community mental health block
grants to the Assistant Secretary from the Director of the Center for
Mental Health Services (CMHS).
Revises requirements for the
funding agreement under a formula block grant to a state for community
mental health services to prescribe the general standard under state law
for court ordered inpatient or outpatient mental health treatment as
well as assisted outpatient treatment.
Requires the Assistant
Secretary to evaluate the combined paperwork burden of certain community
mental health centers as well as of certified federally qualified
community mental health clinics.
Directs the Secretary of
Education, along with the Assistant Secretary, to organize a national
awareness campaign to assist secondary school students and postsecondary
students in: (1) reducing the stigma associated with serious mental
illness; (2) understanding how to assist an individual demonstrating
signs of a serious mental illness; and (3) understanding the importance
of seeking treatment from a physician, clinical psychologist, or
licensed mental health professional when a student believes the student
may be suffering from a serious mental illness or behavioral health
disorder.
Amends the PHSA to include as health care providers any
behavioral and mental health professionals, substance abuse
professionals, psychiatric hospitals, certain community mental health
centers (including one operated by a county behavioral health agency),
and residential or outpatient mental health or substance abuse treatment
facilities.
Amends SSA title XVIII (Medicare), with respect to
incentives for meaningful use of certified electronic health records
(EHR) technology under the pay schedule for physician's services, to
include as additional eligible professionals clinical psychologists
providing qualified psychologist services and clinical social workers.
Subjects any additional eligible professionals, including those under a
MedicareAdvantage (MA) plan, to reductions in incentive payments after a
certain date for failure to be a meaningful EHR user.
Amends SSA
title XIX (Medicaid) to treat as Medicaid providers the following
additional Medicaid providers: (1) public and certain private hospitals
that are principally psychiatric hospitals, (2) certain community mental
health centers, and (3) certain residential or outpatient mental health
or substance abuse treatment facilities.
Makes eligible Medicaid
professionals certain clinical psychologists providing qualified
psychologist services and certain clinical social workers.
Amends
the PHSA to accord health care professional volunteers at community
mental health centers and federally qualified community behavioral
health clinics the liability protections of Public Health Service
employees.
Requires the Assistant Secretary to transfer all
functions and responsibilities of the Center for Behavioral Health
Statistics and Quality to the National Mental Health Policy Laboratory.
Revises the duties of the CMHS Director.
Reauthorizes the Secretary's authority to address priority mental health needs of regional and national significance.
Amends
the PHSA to reauthorize and revise requirements for a youth interagency
research, training, and technical assistance center to prevent suicides
(the Suicide Prevention Technical Assistance Center). Expands the
program's focus from youth suicides to suicides among all ages,
particularly among groups that are at high risk for suicide. Repeals
authority for grants to establish research, training, and technical
assistance centers related to mental health, substance abuse and the
justice system.
Reauthorizes a program of grants for the
development of state or tribal youth suicide early intervention and
prevention strategies.
Reauthorizes and revises a grant program
to enhance services for students with mental health or substance use
disorders at institutions of higher education. Requires the Secretary
(who currently is merely authorized), acting through the CMHS Director,
to award grants to enhance such services and to develop best practices
for the delivery of such services. Permits grant funds to be used for
the provision of such services to students and to employ appropriately
trained staff. Requires the Secretary to give special consideration to
applications for grants that describe programs that demonstrate the
greatest need for new or additional mental and substance use disorder
services and the greatest potential for replication.
Requires the
Assistant Secretary, before making a grant to a public entity for
comprehensive community mental health services to children with a
serious emotional disturbance, to consult with the Director of the
National Institutes of Health (NIH) to ensure that the grant recipient
will use evidence-based practices. Reauthorizes funding for such grants.
Repeals
current authority of the Secretary to carry out directly or through
grants, contracts or cooperative agreements with public entities a
program to assist local communities in developing ways to assist
children in dealing with violence.
Reauthorizes the National
Child Traumatic Stress Network. Amends the Protection and Advocacy for
Individuals with Mental Illness Act to reduce corresponding funding for
protection and advocacy systems for mentally ill individuals.
Prohibits
lobbying by any such systems accepting federal funds to protect and
advocate the rights of individuals with mental illness.
Prohibits
the SAMHSA Administrator from hosting or sponsoring any conference that
will not be primarily administered by SAMHSA without giving at least 90
days prior notice to specified congressional committees.
Prohibits
the SAMHSA Administrator also from establishing (and the Secretary from
delegating to the Administrator responsibility for) any program or
project not explicitly authorized or required by statute. Terminates by
the end of FY2014 any SAMHSA program or project not so explicitly
authorized or required.