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).