Bill Summary – FastDemocracy

1

 Councilmember Vincent C. Gray                            Councilmember Christina Henderson

 3

 4

 5

 Councilmember Brianne K. Nadeau                          Councilmember Janeese Lewis George

 7

 8

 9

 Councilmember Kenyan R. McDuffie                         Councilmember Mary Cheh

11

12

13

                                                          Councilmember Brooke Pinto

15

16

17

18

19

                                           AN ACT

21

                                       ______________

23

24

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

26

                                      ________________

28

29

 To amend The Department of Behavioral Health Establishment Act of 2013 to establish an

       Interagency Council on Behavioral Health and to describe its members, powers, and

       duties.

33

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Interagency Council on Behavioral Health Establishment Amendment

 Act of 2021.

37

        Sec. 2. The Department of Behavioral Health Establishment Act of 2013, effective

 December 24, 2013 (D.C. Law 20-61; D.C. Official Code  7-1141.01), is amended as follows:

        (a) Section 5112 is amended by adding a new paragraph (5A) to read as follows:

                  (5A) Interagency Council means the Interagency Council on Behavioral

 Health.

           (b) A new Part C is added to read as follows:

                                                    Part C.

           Sec. 5120d. Establishment of Interagency Council on Behavioral Health.

           "(a) There is established in the District the Interagency Council on Behavioral Health for

 the purpose of facilitating interagency, cabinet-level leadership in planning, policymaking,

 program development, and budgeting for a culturally competent, outcome-based, behavioral

 health system of care, to include prevention, harm reduction, treatment, and recovery support

 services related to mental health disorders, addictions, and the abuse of alcohol, tobacco, and

 other drugs in the District.

           "(b) The Interagency Council is composed of:

                  "(1) The City Administrator, who shall serve as a chairperson of the Interagency

 Council, and who may designate a subordinate to serve as chairperson in the City Administrator's

 absence;

                  "(2) The Director of the Interagency Council on Behavioral Health;

                  "(3) The Deputy Mayor for Health and Human Services;

                  "(4) The administrative head of each of the following entities or divisions thereof:

                          "(A) Department of Behavioral Health;

                          "(B) Department of Human Services;

                          "(C) Child and Family Services Agency;

                          "(D) Department of Health;

                          "(E) Department of Corrections;

                        "(F) Department of Employment Services;

                        "(G) Department of Disability Services;

                        "(H) Office of the State Superintendent of Education;

                        "(I) District of Columbia Public Schools;

                        "(J) District of Columbia Public Charter School Board;

                        "(K) Metropolitan Police Department;

                        "(L) Court Services and Offender Supervision Agency;

                        "(M) Department of Youth Rehabilitation Services;

                        "(N) Department of Health Care Finance;

                        "(O) Health Benefit Exchange Authority;

                        "(P) Office on Aging;

                        "(Q) Interagency Council on Homelessness; and

                        "(R) Department of Insurance, Securities, and Banking.

                "(5) One representative each from a minimum of 3 and a maximum of 4

 organizations that are providing services within the behavioral health system of care;

                "(6) A minimum of 4 and a maximum of 5 individuals experiencing a behavioral

 health challenge or individuals in recovery, or an immediate family member, guardian, or

 caregiver of such an individual;

                "(7) A minimum of 4 and a maximum of 5 representatives of advocacy

 organizations for the District's population experiencing behavioral health challenges;

                "(8) A minimum of 4 and a maximum of 5 representatives of business, academic,

 philanthropic, or other private sector organizations that have resources or expertise to contribute

 to addressing behavioral health in the District;

                     (9) A minimum of 2 and a maximum of 4 representatives of trade associations

  that represent organizations that provide behavioral health services for District residents.

                     (10) A minimum of 2 and a maximum of 4 representatives of professional

  associations that represent individuals employed to provide behavioral health services for

  District residents;

                     (11) A representative of each Medicaid Managed Care Organization with a

  current contract with the Department of Health Care Finance; and

                     (12) The Chairman of the Council, or his or her designee, and the Chairman of

  the committee of the Council having purview over behavioral health services, or his or her

  designee, both of whom shall be non-voting members.

            "(c)(1) The Mayor shall appoint a Director of the Interagency Council on Behavioral

  Health ("Director"), pursuant to  1-523.01(a). The Director shall report to the Mayor, and shall

  be experienced in the delivery of behavioral health care.

                    "(2) The Director shall:

                           (A) Coordinate the behavioral health system of care efforts across agencies

 in the District;

                           (B) Provide a single point of accountability for the improvement of the

 behavioral health system of care efforts in the District;

                           (C) Help lead and coordinate the Interagency Council on Behavioral

 Health;

                           (D) Work with community stakeholders and the Interagency Council to

 create, coordinate, and implement a long-term strategic action plan to improve the behavioral

 health system of care in the District;

                        (E) Develop and monitor performance measures to track the District's

 progress toward improving the behavioral health system of care; and

                        (F) Report to the Mayor and to the Council by September 30 of each year,

 beginning in 2021, on the District's progress to improve the behavioral health system of care.

        "(d)(1) All non-government members of the Interagency Council described in subsection

 (b)(5)-(10) of this section shall be nominated for appointment by the Mayor and approved by the

 Council.

                "(2) The Mayor shall transmit to the Council nominations of each non-

 government member of the Interagency Council for a 60-day period of review, excluding days of

 Council recess. If the Council does not approve or disapprove a nomination by resolution within

 the 60-day review period, the nomination shall be deemed approved.

        (e) Members of the Interagency Council described in subsection (b)(9)-(12) shall be

 non-voting members.

        "Sec. 5120e. Powers and duties of the Interagency Council.

        "(a) The Interagency Council shall provide leadership in the identification and

 prioritization of strategies, policies, and objectives that guide the development and

 implementation of the District's policies and programs for meeting the needs of individuals and

 families who are experiencing behavioral health challenges or are at risk of experiencing

 behavioral health challenges.

        "(b) In fulfilling the responsibility described in subsection (a) of this section, the

 Interagency Council shall:

                "(1) Coordinate an annual community-wide needs assessment and planning

 process to identify, prioritize, and target behavioral health needs with the aim of improving the

 behavioral health system of care of. The needs-assessment shall take into account and integrate

 existing data, including previous plans, recommendations, and assessments;

                "(2) At least every 5 years, prepare and publish a long-term strategic action plan

 for services, facilities, and licensure requirements within the behavioral health system of care, as

 well as propose changes to the Medicaid State Plan and the D.C. Code, as necessary.

                "(3) By September 30, 2020, and annually thereafter, prepare and submit to the

 Mayor an annual update, based on existing data and community input that reviews the strategic

 plan, changes in the landscape, and an assessment of the need for services among any

 subpopulations identified for special attention within the strategic plan, and details the resources

 and strategies needed to support implementation of the strategic plan prepared pursuant to

 paragraph (2) of this subsection;

                "(4) As part of the annual update, review the efforts of each member of the

 Interagency Council to fulfill the goals and policies of the strategic plan prepared pursuant to

 paragraph (2) of this subsection;

                "(5) Provide input into the District's planning and application for federal funds for

 services within the behavioral health system of care.

                "(6) Regularly review data to assess program and system utilization and

 performance; and

                "(7) Review reports of the fair hearings and administrative reviews requested or

 received by beneficiaries within the behavioral health system of care, which shall include the

 provider or payor party to the appeal, the subject matter of the appeal, and the final disposition of

 the appeal.

        (c) Beginning 5 years after the effective date of this part, and every 5 years thereafter,

 the Interagency Council shall evaluate the behavioral health service needs of the Districts

 children and transition-age youth as compared to individuals in the general population as well as

 the service needs of the Districts justice-involved population and senior citizens, as compared to

 individuals in the general population.

        (d)(1) The Mayor shall, upon release of the proposed annual budget each year, make

 available to all Interagency Council members the Districts proposed budget breakdown of each

 agencys appropriations for services within the behavioral health system of care.

                (2) The Interagency Council shall give comments to the Mayor regarding the

 proposed budget.

        (e) All applications for federal funds shall take into account the strategic plan developed

 by the Interagency Council prepared pursuant to subsection (b)(2) of this section;

        "(f) Each member agency of the Interagency Council shall:

                "(1) Conduct or commission an annual audit of any private entity designated by

 the agency to approve or allocate any grants or contracts, on behalf of the Mayor, for services

 within the behavioral health system of care, and make available a report of the audit to all

 Interagency Council members;

                "(2) Offer training and technical assistance to its employees who directly provide

 services within the behavioral health system of care and to any providers with which the member

 agency or its designee contracts to deliver the services; and

                "(3) Provide data as requested to the Interagency Council to support system

 planning and performance evaluation efforts.

        Sec. 5120f. Operation of the Interagency Council on Behavioral Health.

        "(a) The Interagency Council shall meet not less than quarterly. All meetings of the

 Interagency Council shall comply with the following requirements:

                "(1) Quorum shall be 1/3 of the appointed representatives of member agencies,

 1/3 of appointed representatives of providers of behavioral health services, and 1/3 of the

 appointed individuals or advocates currently experiencing behavioral health challenges;

                "(2) The meetings of the Interagency Council, and the meetings of any

 committees it may establish pursuant to subsection (c) of this section, shall be subject to the open

 meetings provisions of  1-207.42; and

                "(3) The Interagency Council shall provide a reasonable opportunity at each

 meeting during which members of the public may comment on matters relevant to the work of

 the Interagency Council.

        "(b) The Interagency Council shall enact rules of procedure or bylaws to guide the

 regular operation of the Interagency Council. The rules of procedure or bylaws shall be made

 available to the public upon request.

        "(c) The Interagency Council may establish committees to aid in conducting its business.

 No meeting of a committee of the Interagency Council shall qualify as a meeting of the

 Interagency Council for purposes of fulfilling the requirements in subsection (a) of this section.

        "(d) The Mayor shall, within 30 days of the effective date of this part, designate an

 existing department or agency to provide staff assistance and support to the Interagency Council,

 until the appointment and confirmation of the Director of the Interagency Council on Behavioral

 Health..

        Section 3. Fiscal impact statement.

        The Council adopts the fiscal impact statement in the committee report as the fiscal

 impact statement required by section 4a of the General Legislative Procedures Act of 1975,

 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

        Section 4. Effective date.

        This act shall take effect following approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), a 30-day period of congressional review as

 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

 24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

 Columbia Register.