HB 86 — An Act relating to a state-owned inpatient mental health treatment hospital; and providing for an effective date.

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and providing for an effective date." CS FOR HOUSE BILL NO.

86(HSS)86 01 "An Act relating to a state-owned inpatient mental health treatment hospital;

05 (f) No contract forrelating to the ownershipownership, operation, management, or management06 maintenance of an inpatient mental health 06 treatment hospital established under 07 AS 47.30.660(c) may be made under this section.

0708 * Sec.

0809 (b) No contract forrelating to the ownershipownership, operation, management, or management10 maintenance of an inpatient mental health 09 treatment hospital established under 11 AS 47.30.660(c) may be made under this section.

1012 * Sec.

1113 (b) The department, in fulfilling its duties under this section and through its 1214 division responsible for mental health, shall 13 (1) administer a comprehensive program of services for persons with 1402 mental disorders, for the prevention of mental illness, and for the care and treatment of 03 persons with mental disorders, including inpatient and outpatient care and treatment 0204 and the procurement of services of specialists or other persons on a contractual or 0305 other basis;

0406 (2) take the actions and undertake the obligations that are necessary to 0507 participate in federal grants-in-aid programs and accept federal or other financial aid 0608 from whatever sources for the study, prevention, examination, care, and treatment of 0709 persons with mental disorders;

0810 (3) administer AS 47.30.660 - 47.30.915;

0911 (4) exceptsubject asto provided in (c) of this section, designate, operate, and 10 maintain 12 treatment facilities equipped and qualified to provide inpatient and outpatient 11 care and 13 treatment for persons with mental disorders;

1214 (5) provide for the placement of patients with mental disorders in 1315 designated treatment facilities;

1416 (6) enter into arrangements with governmental agencies for the care or 1517 treatment of persons with mental disorders in facilities of the governmental agencies 1618 in the state or in another state;

1719 (7) except as provided in (c) of this section, enter into contracts with 1820 treatment facilities for the custody and care or treatment of persons with mental 1921 disorders;

contracts under this paragraph are governed by AS 36.30 (State 2022 Procurement Code);

2123 (8) enter into contracts, which incorporate safeguards consistent with 2224 AS 47.30.660 - 47.30.915 and the preservation of the civil rights of the patients with 2325 another state for the custody and care or treatment of patients previously committed 2426 from this state under 48 U.S.C.

2527 (9) prescribe the form of applications, records, reports, requests for 2628 release, and consents to medical or psychological treatment required by AS 47.30.660 2729 - 47.30.915;

2830 (10) require reports from the head of a treatment facility concerning 2931 the care of patients;

30 (11) visit each treatment facility at least annually to review methods of 3102 care or treatment for patients;

03 (12) investigate complaints made by a patient or an interested party on 0204 behalf of a patient;

0305 (13) except as provided in (c) of this section, delegate upon mutual 0406 agreement to another officer or agency of it, or a political subdivision of the state, or a 0507 treatment facility designated, any of the duties and powers imposed onupon [UPON] it by 0608 AS 47.30.660 - 47.30.915;

0709 (14) after consultation with the Alaska Mental Health Trust Authority, 0810 adopt regulations to implement the provisions of AS 47.30.660 - 47.30.915;

0911 (15) provide technical assistance and training to providers of mental 1012 health services;

and 1113 (16) set standards under which each designated treatment facility shall 1214 provide programs to meet patients' medical, psychological, social, vocational, 1315 educational, and recreational needs.

1416 * Sec.

1517 (c) Notwithstanding other provisions of law, the department shall manageoperate, an18 16manage, and maintain an inpatient mental health treatment hospital in the state.

The 19 department may not 1720 (1) delegate or contract for the ownershipownership, operation, management, or management21 maintenance of the inpatient mental health 18 treatment hospital.hospital;

19or (d)22 In(2) (c)use ofthe thissingle section,source "inpatientprocurement mentalprocedure healthunder treatmentAS hospital"36.30.300 means23 aor 20the secureemergency stateprocurement inpatientprocedure psychiatricunder facilityAS that36.30.310 provides,to underprocure thesupplies directionor of24 aservices, 21including physician,professional psychiatricand diagnostic,construction evaluation,services, andnecessary treatmentfor servicesthe tooperation, individuals25 22management, sufferingand frommaintenance of the inpatient mental illness.health treatment hospital.

2326 *(d) Sec.In (c) of this section, "inpatient mental health treatment hospital" means a 27 secure state inpatient psychiatric facility that provides, under the direction of a 28 physician, psychiatric diagnostic, evaluation, and treatment services to individuals 29 suffering from mental illness.

30 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 2431 read:

25 APPLICABILITY.

1 of this Act, AS 36.30.310, 2602 enacted by sec.

3 of this Act, and 2703 AS 47.30.660(c) and (d), enacted by sec.

4 of this Act, apply to contracts entered into, 2804 amended, extended, or renewed on or after the effective date of this Act.

2905 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 3006 read:

3107 RETROACTIVITY.

ThisIf this Act takes effect after March 1, 2019, this Act is retroactive 08 to FebruaryMarch 1, 2019.

09 * Sec.