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HB 86: "An Act relating to a state-owned inpatient mental health treatment hospital; and providing for an effective date."

00                              HOUSE BILL NO. 86                                                                          
01 "An Act relating to a state-owned inpatient mental health treatment hospital; and                                       
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 36.30.300 is amended by adding a new subsection to read:                                           
05            (f)  No contract relating to the ownership, operation, management, or                                        
06       maintenance of an inpatient mental health treatment hospital established under                                    
07       AS 47.30.660(c) may be made under this section.                                                                   
08    * Sec. 2. AS 36.30.310 is amended by adding a new subsection to read:                                              
09            (b)  No contract relating to the ownership, operation, management, or                                        
10       maintenance of an inpatient mental health treatment hospital established under                                    
11       AS 47.30.660(c) may be made under this section.                                                                   
12    * Sec. 3. AS 47.30.660(b) is amended to read:                                                                      
13            (b)  The department, in fulfilling its duties under this section and through its                             
14       division responsible for mental health, shall                                                                     
01 (1)  administer a comprehensive program of services for persons with                                                    
02 mental disorders, for the prevention of mental illness, and for the care and treatment of                               
03 persons with mental disorders, including inpatient and outpatient care and treatment                                    
04 and the procurement of services of specialists or other persons on a contractual or                                     
05       other basis;                                                                                                      
06 (2)  take the actions and undertake the obligations that are necessary to                                               
07 participate in federal grants-in-aid programs and accept federal or other financial aid                                 
08 from whatever sources for the study, prevention, examination, care, and treatment of                                    
09       persons with mental disorders;                                                                                    
10                 (3)  administer AS 47.30.660 - 47.30.915;                                                               
11 (4)  subject to (c) of this section, designate, operate, and maintain                                               
12 treatment facilities equipped and qualified to provide inpatient and outpatient care and                                
13       treatment for persons with mental disorders;                                                                      
14 (5)  provide for the placement of patients with mental disorders in                                                     
15       designated treatment facilities;                                                                                  
16 (6)  enter into arrangements with governmental agencies for the care or                                                 
17 treatment of persons with mental disorders in facilities of the governmental agencies                                   
18       in the state or in another state;                                                                                 
19 (7)  except as provided in (c) of this section, enter into contracts with                                           
20 treatment facilities for the custody and care or treatment of persons with mental                                       
21 disorders; contracts under this paragraph are governed by AS 36.30 (State                                               
22       Procurement Code);                                                                                                
23 (8)  enter into contracts, which incorporate safeguards consistent with                                                 
24 AS 47.30.660 - 47.30.915 and the preservation of the civil rights of the patients with                                  
25 another state for the custody and care or treatment of patients previously committed                                    
26       from this state under 48 U.S.C. 46 et seq., and P.L. 84-830, 70 Stat. 709;                                        
27 (9)  prescribe the form of applications, records, reports, requests for                                                 
28 release, and consents to medical or psychological treatment required by AS 47.30.660                                    
29       - 47.30.915;                                                                                                      
30 (10)  require reports from the head of a treatment facility concerning                                                  
31       the care of patients;                                                                                             
01                 (11)  visit each treatment facility at least annually to review methods of                              
02       care or treatment for patients;                                                                                   
03                 (12)  investigate complaints made by a patient or an interested party on                                
04       behalf of a patient;                                                                                              
05 (13)  except as provided in (c) of this section, delegate upon mutual                                               
06 agreement to another officer or agency of it, or a political subdivision of the state, or a                             
07 treatment facility designated, any of the duties and powers imposed upon it by                                          
08       AS 47.30.660 - 47.30.915;                                                                                         
09                 (14)  after consultation with the Alaska Mental Health Trust Authority,                                 
10       adopt regulations to implement the provisions of AS 47.30.660 - 47.30.915;                                        
11 (15)  provide technical assistance and training to providers of mental                                                  
12       health services; and                                                                                              
13 (16)  set standards under which each designated treatment facility shall                                                
14 provide programs to meet patients' medical, psychological, social, vocational,                                          
15       educational, and recreational needs.                                                                              
16    * Sec. 4. AS 47.30.660 is amended by adding new subsections to read:                                               
17 (c)  Notwithstanding other provisions of law, the department shall operate,                                             
18 manage, and maintain an inpatient mental health treatment hospital in the state. The                                    
19       department may not                                                                                                
20 (1)  delegate or contract for the ownership, operation, management, or                                                  
21       maintenance of the inpatient mental health treatment hospital; or                                                 
22 (2)  use the single source procurement procedure under AS 36.30.300                                                     
23 or the emergency procurement procedure under AS 36.30.310 to procure supplies or                                        
24 services, including professional and construction services, necessary for the operation,                                
25       management, and maintenance of the inpatient mental health treatment hospital.                                    
26 (d)  In (c) of this section, "inpatient mental health treatment hospital" means a                                       
27 secure state inpatient psychiatric facility that provides, under the direction of a                                     
28 physician, psychiatric diagnostic, evaluation, and treatment services to individuals                                    
29       suffering from mental illness.                                                                                    
30    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
31 read:                                                                                                                   
01 APPLICABILITY. AS 36.30.300(f), enacted by sec. 1 of this Act, AS 36.30.310,                                            
02 enacted by sec. 2 of this Act, AS 47.30.660(b), as amended by sec. 3 of this Act, and                                   
03 AS 47.30.660(c) and (d), enacted by sec. 4 of this Act, apply to contracts entered into,                                
04 amended, extended, or renewed on or after the effective date of this Act.                                             
05    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
06 read:                                                                                                                   
07       RETROACTIVITY. If this Act takes effect after March 1, 2019, this Act is retroactive                              
08 to March 1, 2019.                                                                                                       
09    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).