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