THE SENATE

S.B. NO.

1051

THIRTIETH LEGISLATURE, 2019

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HOMELESS INDIVIDUALS WITH SEVERE MENTAL ILLNESS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the State has a gap in services for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders, as these individuals often cycle between homelessness, emergency room treatment, incarceration, and hospitalization.  Individuals with severe mental illness or severe co-occurring mental illness and substance use disorders typically become chronically homeless and further burden the health care system through excessive use of expensive emergency department, inpatient treatment, and crisis services.  Due to their mental illness, these individuals routinely reject offered services and remain on the street, putting themselves at risk of further injury and creating a significant burden on the communities where they reside.

     The purpose of this Act is to require the department of human services to establish a task force to determine specific implementation requirements necessary to establish a pilot program to provide shelter and mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered guardianship or assisted community treatment orders.

     SECTION 2.  (a)  There is established within the department of human services the task force on chronically homeless individuals with severe mental illness or substance use disorders.  Co-chaired by the directors of the department of human services and department of health, the task force shall determine specific implementation requirements necessary to establish a pilot program intended to procure the services of a service provider to operate a shelter and provide mental health treatment for homeless individuals with severe mental illness or severe co-occurring mental illness and substance use disorders who are subject to court-ordered guardianship or assisted community treatment orders.

     (b)  The task force shall consider specific implementation concerns and any procedural, legal, or other requirements necessary for a pilot project, including but not limited to:

     (1)  Developing specific recommendations to address the population targeted by the pilot program, including specialized levels of treatment, coordination of care, and compliance with all regulatory and licensing requirements;

     (2)  Developing procedures to address the safety of clients and staff involved with the pilot program; and

     (3)  Ensuring that all legal requirements are met when recommending assisted community treatment for an individual under court-ordered guardianship or an assisted community treatment order, when the individual will not voluntarily participate in treatment.

     (c)  The following individuals shall serve as members of the task force:

     (1)  The chair of the senate committee on human services, or a member designated by the president of the senate;

     (2)  The chair of the house committee on human services and homelessness, or a member designated by the speaker of the house of representatives;

     (3)  The governor's coordinator on homelessness;

     (4)  The director of human services, or the director's designee;

     (5)  A representative from the med-QUEST division of the department of human services;

     (6)  A representative from the homeless programs office of the department of human services;

     (7)  The director of health, or the director's designee;

     (8)  A representative from the adult mental health division of the department of health;

     (9)  A representative from the office of health care assurance of the department of health;

    (10)  A representative from the department of the attorney general, to be designated by the attorney general;

    (11)  A representative from the Hawaii state judiciary; and

    (12)  A representative from a mental health advocacy group.

     The department of human services may recommend additional members with appropriate specialized expertise to the task force.

     (d)  For the purposes of facilitating the work, necessary investigation, and to promote decision-making:

     (1)  The task force members may work together, investigate matters, and make preliminary decisions without regard to provisions of section 92-2.5, Hawaii Revised Statutes; provided that any decisions are:

          (A)  Included in the meeting notice of the task force; and

          (B)  Subject to further review and comment by the task force members and members of the public who are present at a duly noticed meeting of the task force; and

provided further that the exemption from section 92-2.5 shall cease on January 1, 2020; and

     (2)  A majority of task force members or their designees present at a duly noticed meeting of the task force shall constitute a quorum of the task force as provided by section 92-15, Hawaii Revised Statutes.

     (e)  The task force shall submit a report of its findings and recommendations, including any proposed legislation, no later than thirty days prior to the convening of the regular session of 2020.

     (f)  The task force shall cease to exist on June 30, 2021, unless extended by an act of the legislature.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of this Act.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2030.


 


 

Report Title:

Homelessness; Severe Mental Illness; Department of Human Services; Task Force; Appropriation

 

Description:

Requires DHS to establish a task force on the implementation requirements for a pilot program to provide shelter and mental health treatment to certain homeless individuals.  Exempts task force from certain provisions of HRS 92 for a limited time.  Appropriates funds.  (SB1051 HD2)

 

 

 

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