Bill Summary – FastDemocracy

SENATE BILL NO. 802
     March 19, 2024, Introduced by Senators WOJNO, BAYER and CHANG and referred to the
       Committee on Health Policy.
          A bill to amend 1974 PA 258, entitled
    "Mental health code,"
    by amending sections 151 and 165 (MCL 330.1151 and 330.1165),
    section 151 as amended by 2021 PA 21 and section 165 as amended by
PA 22.
                   THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 151. (1) As used in this section:
       (a) "Community mental health services program" means a program
 operated under chapter 2 as a county community mental health
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 agency, a community mental health authority, or a community mental
 health organization.
       (b) (a) "Psychiatric facility" means a psychiatric hospital or
 psychiatric unit licensed under section 134.
       (c) (b) "Registry" means the inpatient psychiatric bed
 registry created in subsection (2).
       (2) The department shall establish and administer an
 electronic inpatient psychiatric bed and community-based services
 registry. The registry must be a web-based resource to identify
 available community-based services and psychiatric beds in this
 state categorized by patient gender, acuity, age, and diagnosis.
 The registry must be accessible through the department's website.
       (3) The department may, by contract, delegate creating,
 operating, and maintaining the registry to a private entity.
       (4) Psychiatric facilities and other providers determined by
 the department must provide the department with the number of
 inpatient psychiatric beds available in those facilities at the
 time the information is provided. The information must be provided
 by the psychiatric facilities and other providers on a basis as
 close to real time as possible and be integrated with existing
 electronic medical record platforms. Psychiatric facilities and
 other providers must provide the department with this information
 as specified under subsection (7).(8).
       (5) Community mental health services programs must provide the
 department with the number, type, and other pertinent information
 on the community-based mental health and substance use disorder
 services available in the community mental health services
 program's geographic service area. The information must be provided
 by the community mental health services program on a basis as close
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 to real time as possible.
       (6) (5) The registry must be made accessible to prepaid
 inpatient health plans, licensed health plans, community mental
 health services programs, acute care hospitals, psychiatric
 facilities, and employees and caregivers with other appropriate
 providers.
       (7) (6) The department shall create a committee to provide
 guidance on creating, operating, and maintaining the registry. The
 committee shall include representatives from the following groups:
       (a) The department.
       (b) The department of licensing and regulatory affairs.
       (c) Acute care hospitals or emergency department staff.
       (d) (c) Psychiatric facilities.
       (e) Community mental health services programs.
       (f) (d) End users of the registry as described under
 subsection (5).(6).
       (g) (e) Consumers, families, and advocates.
       (h) (f) Law enforcement.
       (8) (7) The department shall establish requirements for
 psychiatric facilities, community mental health services programs,
 and other providers as determined by the department to report
 information to the department in consultation with the committee
 established under subsection (6).(7).
       (9) (8) The department must provide quarterly reports on the
 progress of implementing the registry beginning on the first
 quarter after the effective date of the amendatory act that added
 this section. March 28, 2019. The department must provide these
 quarterly reports to the chairs of the house and senate committees
 on health policy and the chairs of the house and senate
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 appropriations subcommittees for the department of health and human
 services.
       (10) (9) The department, in consultation with the committee
 established under subsection (6), (7), may establish a policy for
 the secondary use of registry data.
       (11) (10) The department must provide all of the information
 listed on the registry under this section to the contractor or
 entity that operates or maintains the Michigan crisis and access
 line created under section 165.
       Sec. 165. (1) Subject to appropriation, the department shall
 establish and make available to the public a mental health
 telephone access line known as the Michigan crisis and access line.
       (2) The department shall contract do both of the following:
       (a) Compile a list of available community mental health
 services programs and substance use disorder services programs,
 including the availability of services in each program, and
 disclose that information to individuals that use the access line
 through appropriate information sharing.
       (b) Contract for the design, operation, and maintenance of the
 access line. The access line must be available 24 hours a day, 7
 days a week. A contractor operating or maintaining the access line
 shall do all of the following:
       (i) (a) Have the ability to access information related to the
 availability of services, including near real-time access to any
 registry of available inpatient psychiatric beds, crisis
 residential beds, and substance use disorder beds.
       (ii) (b) Refer and connect individuals requiring mental health
 or substance use disorder services to mental health professionals,
 including, but not limited to, community mental health services
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 programs and prepaid inpatient health plans, using
 telecommunications and digital communications methods commonly in
 use, such as a telephone call, text message, electronic mail,
 email, and internet chat.
       (iii) (c) Implement practices to comply with all applicable laws
 respecting individual and patient privacy.
       (iv) (d) Implement practices to ensure the security of the data
 collected, in line with industry best practices and in compliance
 with all applicable laws.
       (v) (e) Notwithstanding subdivisions (c) and (d),
 subparagraphs (iii) and (iv), collect data and utilize data analytics
 to track the success of the access line's operations and identify
 trends in service needs and outcomes.
       (vi) (f) Develop and utilize a customer relationship management
 infrastructure for the access line to track, monitor, assign,
 follow up, and report on access line operations. This customer
 relationship management infrastructure must provide appropriate
 community and provider access.
       (vii) (g) Require contractors maintaining the access line to
 inform individuals seeking behavioral health care that bed registry
 data may not be accurate and bed availability is not guaranteed.
       (3) The department of licensing and regulatory affairs shall
 provide behavioral health provider licensure data to the
 department. The department may use this data and work with the
 contractor described in subsection (2) to leverage existing
 databases and other sources of information identifying mental
 health professionals providing mental health services and providers
 of substance use disorder treatment and rehabilitation services and
 to utilize the most current provider information available.
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       (4) The department has operational oversight for, including
 access to and utilization of, the customer relationship management
 infrastructure. Community mental health services programs and
 prepaid inpatient health plans may access the customer relationship
 management infrastructure.
       (5) The access line must be able to support calls relating to
 services and supports described in section 206.
       (6) An individual operating or maintaining the access line
 under contract with the department has the same immunity provided
 for a governmental employee under section 7 of 1964 PA 170, MCL
 691.1407.
       (7) A state-operated registry of available inpatient
 psychiatric beds, crisis residential beds, or substance use
 disorder beds and other community mental health services programs
 and substance use disorder services programs must report all data
 collected for that registry to the department or the entity
 operating or maintaining the access line under contract with the
 department.
       (8) A health facility, health professional, or contractor
 shall not be held civilly or criminally liable for inaccurate
 registry data that is shared under this section.
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Statutes affected: 
Senate Introduced Bill: 330.1151, 330.1165