CSHB 174(JUD): "An Act relating to mental health information and records; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 174(JUD) 01 "An Act relating to mental health information and records; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.02 is amended by adding a new section to read: 05 Sec. 08.02.040. Access to certain mental health information and records 06 by the state. (a) Notwithstanding AS 08.29.200, AS 08.63.200, AS 08.86.200, 07 AS 08.95.900, another provision of this title, or a regulation adopted under this title, a 08 licensee or an entity employing or contracting with a licensee may disclose 09 confidential patient mental health information, communications, and records to the 10 Department of Health and Social Services when disclosure is authorized under 11 AS 47.30.540, 47.30.590, 47.30.845, or AS 47.31.032. Information, communications, 12 and records received by the Department of Health and Social Services under this 13 section are confidential medical records of patients and are not open to public 14 inspection and copying under AS 40.25.110 - 40.25.120.
01 (b) In this section, "licensee" has the meaning given in AS 08.01.110. 02 * Sec. 2. AS 47.30.540(b) is amended to read: 03 (b) An entity designated by the department to receive money under 04 AS 47.30.520 - 47.30.620 shall ensure a broad base of community support as 05 evidenced by a governing board reasonably representative of the professional, civic, 06 and citizen groups in the community and including persons with mental disorders or 07 family members of persons with mental disorders. No more than two members, or 40 08 percent of the membership, whichever is greater, may be providers of services under 09 the program. In order to receive money [FUNDS] under AS 47.30.520 - 47.30.620, a 10 local community entity shall agree [TO] 11 (1) to give priority to mental health programs and services consistent 12 with the priorities set out in AS 47.30.056 and that provide the maximum services for 13 the least expenditure of money from the mental health trust settlement income 14 account; 15 (2) to furnish services through a qualified staff meeting reasonable 16 standards of experience and training; 17 (3) to conform to a state cost accounting system showing the true cost 18 of services rendered, collect fees for services according to a schedule based on an 19 analysis of reasonable ability to pay, and provide that a person may not be refused 20 services because of inability to pay for those services; 21 (4) to maintain adequate clinical and administrative records and 22 furnish periodic reports to the department; 23 (5) to furnish the authority and the department an annual report of the 24 preceding fiscal year, including an evaluation of the effectiveness of the previous 25 year's programs and their costs; [AND] 26 (6) to furnish the authority and the department satisfactory needs 27 assessments for the population and area it serves and an annual update of a long-range 28 planning and budget statement that describes program goals for the coming year, the 29 steps and resources necessary to implement the goals, the projected means by which 30 these resources will be secured, and the procedures necessary to evaluate the program; 31 (7) to furnish the department with confidential and other
01 information about recipients of services paid for, in whole or part, under 02 AS 47.30.520 - 47.30.620 and comply with regulations of the department 03 regarding the submission of this information; and 04 (8) to notify the department immediately of emergency situations 05 involving recipients of services paid for, in whole or in part, under AS 47.30.520 - 06 47.30.620 and comply with regulations of the department regarding this 07 notification; for purposes of this paragraph, "emergency situations" include the 08 disappearance, injury, or death of a recipient. 09 * Sec. 3. AS 47.30.590 is amended by adding a new subsection to read: 10 (b) Notwithstanding (a) of this section, the department is authorized to review, 11 obtain, and copy confidential and other records and information about the clients of 12 services requested or furnished under AS 47.30.520 - 47.30.620 to evaluate 13 compliance with those statutes. The department may obtain the records and 14 information regarding clients from the client or directly from an entity designated by 15 the department under AS 47.30.520 - 47.30.620 that furnished those services. Records 16 obtained by the department under this subsection are medical records, shall be handled 17 confidentially, and are exempt from public inspection and copying under 18 AS 40.25.110 - 40.25.120. 19 * Sec. 4. AS 47.30.845 is amended to read: 20 Sec. 47.30.845. Confidential records. Information and records obtained in 21 the course of a screening investigation, evaluation, examination, or treatment are 22 confidential and are not public records, except as the requirements of a hearing under 23 AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and 24 records may be copied and disclosed under regulations established by the department 25 only to 26 (1) a physician or a provider of health, mental health, or social and 27 welfare services involved in caring for, treating, or rehabilitating the patient; 28 (2) the patient or an individual to whom the patient has given written 29 consent to have information disclosed; 30 (3) a person authorized by a court order; 31 (4) a person doing research or maintaining health statistics [,] if the
01 anonymity of the patient is assured [,] and the facility recognizes the project as a bona 02 fide research or statistical undertaking; 03 (5) the Department of Corrections in a case in which a prisoner 04 confined to the state prison is a patient in the state hospital on authorized transfer 05 either by voluntary admission or by court order; 06 (6) a governmental or law enforcement agency when necessary to 07 secure the return of a patient who is on unauthorized absence from a facility where the 08 patient was undergoing evaluation or treatment; 09 (7) a law enforcement agency when there is substantiated concern over 10 imminent danger to the community by a presumed mentally ill person; 11 (8) the department in a case in which services provided under 12 AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in 13 which a person has applied for or has received assistance from the department 14 for those services. 15 * Sec. 5. AS 47.31 is amended by adding a new section to read: 16 Sec. 47.31.032. Access to records and information by the department. The 17 department is authorized to review, obtain, and copy confidential and other records 18 and information about the patients who were eligible for or were provided financial 19 assistance under this chapter to evaluate compliance with this chapter. The 20 department may obtain the records and information from the patient or directly from 21 the evaluation facility or the designated treatment facility. Records obtained by the 22 department under this section are medical records, shall be handled confidentially, and 23 are exempt from public inspection and copying under AS 40.25.110 - 40.25.120. 24 * Sec. 6. Section 6, ch. 87, SLA 1999, is amended to read: 25 Sec. 6. AS 47.31.005, 47.31.010, 47.31.015, 47.31.020, 47.31.025, 47.31.030, 26 47.31.032, 47.31.035, 47.31.900, and 47.31.990 are repealed. 27 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DATA FROM PRIOR YEARS. (a) As a condition of receiving state money for state 30 fiscal year 2002 under AS 47.30.520 - 47.30.620, 47.30.660 - 47.30.915, or AS 47.31, the 31 entity eligible for the state money shall agree to furnish the Department of Health and Social
01 Services with confidential and other information about recipients of services paid for, in 02 whole or part, with state money during state fiscal years 2000 and 2001 under AS 47.30.520 - 03 47.30.620, 47.30.660 - 47.30.915, or AS 47.31. The entities governed by this subsection shall 04 comply with regulations of the department regarding the submission of the information 05 required under this subsection. 06 (b) The department may review, obtain, and copy the information submitted under (a) 07 of this section. The department may also obtain information of the type described in (a) of 08 this section from the patient who received the services described in (a) of this section and 09 review or copy that information. 10 (c) Records and information obtained by the department under this section are 11 medical records, shall be handled confidentially, and are exempt from public inspection and 12 copying under AS 40.25.110 - 40.25.120. The records and information may be copied and 13 disclosed under regulations established by the department only under the same circumstances 14 as provided for confidential records under AS 47.30.845, as amended by sec. 4 of this Act. 15 (d) The department may review the information obtained under this section to 16 evaluate compliance with the applicable statutes and grant contracts. However, the 17 department may not use the information furnished under this section to impose civil or 18 administrative penalties for failure to comply with applicable statutes and contracts. The 19 department may use the information to establish a database on which to base future 20 management practices and to impose restrictions and conditions on use of state money in 21 fiscal year 2002 and later. 22 (e) In this section, "department" means the Department of Health and Social Services. 23 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).