June 20, 2013, Introduced by Reps. Cavanagh, Faris, Smiley, Santana, Slavens and Heise and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 204 and 212 (MCL 330.1204 and 330.1212), as
amended by 2012 PA 376.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 204. (1) Except as provided in subsection (4), a
community mental health services program established under this
chapter shall be a county community mental health agency, a
community mental health organization, or a community mental health
authority. A county community mental health agency is an official
county agency. A community mental health organization or a
community mental health authority is a public governmental entity
separate from the county or counties that establish it.
(2) Procedures and policies for a community mental health
organization or a community mental health authority shall be set by
the board of the community mental health services program.
Procedures and policies for a county community mental health agency
shall be set by the board of commissioners or boards of
commissioners as prescribed in this subsection. If a county
community mental health services agency represents a single county,
the county's board of commissioners shall determine the procedures
and
policies that shall be are
applicable to the county community
mental health services agency. If a county community mental health
services agency represents 2 or more counties, the boards of
commissioners of the represented counties shall by agreement
determine
the procedures and policies that shall be are applicable
to the county community mental health services agency. In a charter
county with an elected county executive, the county executive shall
determine
the procedures and policies that shall be are applicable
to the county community mental health services agency.
(3) The procedures and policies for multicounty community
mental health services programs shall not take effect until at
least 3 public hearings on the proposed procedures and policies
have been held.
(4) Beginning October 1, 2013, in order to qualify for state
support under section 202, if a single county that has situated
totally within that county a city having a population of at least
500,000 establishes or administers a community mental health
services program, that community mental health services program
must be established and administered as a community mental health
authority as specified under section 205. Any operational changes
made by the county community mental health agency that will require
a financial commitment from the community mental health authority
established as a result of the provisions of this subsection shall
be made in consultation with the department director. Employees of
the community mental health authority established under this
subsection shall remain members of the county retirement system
until the community mental health authority's board creates a
retirement system or plan for that community mental health
authority.
Sec. 212. (1) Upon electing to establish a community mental
health services program, the county or combination of counties
shall establish a 12-member community mental health services board,
except as provided in section 214, 219, or 222(2) or (5). Except as
provided in subsection (2), each board of commissioners shall by a
majority vote appoint the board members from its county.
Recommended appointments to the board shall be made annually
following the organizational meeting of the board of commissioners.
(2) When a single county establishes a community mental health
services program and totally situated within that county is a city
having a population of at least 500,000, the 12 board members shall
be appointed to the board as follows:
(a) Six board members appointed by a majority vote of the
county board of commissioners from a list of nominees submitted by
the county executive of that county. Two board members appointed
under this subdivision must be primary consumers or family members
of primary consumers. Upon notification that 1 or more nominees
from the list provided under this subdivision does not meet with
the county board of commissioners' approval, the county executive
of
that county shall submit another list 1 or more nominees to the
county
board of commissioners with 6 different nominees.for
consideration. Nominees accepted by county board of commissioners
shall be appointed.
(b) Six board members appointed by the county board of
commissioners from a list of nominees submitted by the mayor of the
city having a population of at least 500,000 that is totally
situated within that county. Two board members appointed under this
subdivision must be primary consumers or family members of primary
consumers. Upon notification that 1 or more nominees from the list
provided under this subdivision does not meet with the county board
of commissioners' approval, the mayor of the city having a
population of at least 500,000 that is totally situated within that
county
shall submit another list 1
or more nominees to the county
board
of commissioners with 6 different nominees.for consideration.
Nominees accepted by the county board of commissioners shall be
appointed.
(3) When a single county establishes a community mental health
services program and totally situated within that county is a city
having a population of at least 500,000, the 12 board members shall
be appointed to the board as the appointments of current board
members expire.
(4) When a vacancy occurs on a board that has members
appointed under subsection (2), the vacancy shall be filled in the
same manner as the board member being replaced was appointed.
(5) A board member appointed under subsection (2) shall not be
an employee or contractor of any of the following:
(a) The city or county described in subsection (2).
(b) The state.
(c) The federal government.
(d) A community mental health authority.