MENTAL HEALTH RECIPROCITY H.B. 4001 (H-1): FLOOR ANALYSIS
House Bill 4001 (Substitute H-1 as reported without amendment) Sponsor: Representative David Anthony
House Committee: Mental Health
Senate Committee: Families, Mental Health, and Human Services
The bill would amend the Mental Health Code to provide for contracts for reciprocity in the delivery of services between county community mental health (CMH) programs in Michigan and public or private agencies in a state bordering Michigan, except that a service could not be provided by a Michigan CMH program for a resident of another state who was involved in criminal proceedings or who was a convicted felon. The bill would do all of the following:
-- Authorize contracts between a CMH program and a public or private agency of another state and specify certain requirements for those contracts, including approval by the Department of Mental Health.
-- Make special provisions regarding the out-of-state treatment of a person who was detained, committed, or placed on an involuntary basis, and recognize a bordering state’s court orders for admission.
-- Provide for the legal jurisdiction over persons treated pursuant to a contract executed under the bill.
-- Provide for the discharge of a person receiving treatment on a voluntary basis pursuant to a contract executed under the bill.
Proposed MCL 330.1919 Legislative Analyst: S. Margules
The bill would have a State funding impact, depending on how much states bordering Michigan spent for similar mental health services and whether billings to the sending state were for actual costs or some other amount. Subsection 12(a), "Charges...shall not be more or less than actual cost...", could result in contractual issues regarding service reimbursement: a conflict of actual costs versus payments based on days of service or the number of cases.
Date Completed: 3-20-95 Fiscal Analyst: S. Angelotti
floor\hb4001(H-1)
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.