[Senate,
HOUSE . .
. . .
. . . .
. . No. 5047
The
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In the Year Two Thousand and Eight.
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AN ACT RELATIVE TO CHILDREN'S MENTAL
HEALTH
Be it enacted by the Senate and House of
Representatives in General Court assembled,
And by the
authority of the same, as follows:
SECTION 1. Chapter 6A of the
General Laws is hereby amended by inserting after section 16O the
following 4 sections:-
Section
16P. The secretary of health and human services shall facilitate the
coordination of services for children awaiting clinically appropriate
behavioral health services by convening a monthly meeting of agencies within
the executive office of health and human services, the department of early
education and care, and the department of education.
The
secretary shall publish a monthly report on the status of children awaiting clinically
appropriate behavioral health services. The report shall include, but
need not be limited to, the following data for the previous month: (i) the
number of children who are MassHealth members who are awaiting psychiatric
hospitalization in hospital emergency rooms or at emergency services sites
after an exhaustive search has failed to identify an available bed in a
psychiatric hospital, and the average length of time such children are required
to wait before such a bed is identified; the number of such children in
psychiatric hospitals awaiting post-hospitalization residential placement or
community-based services, including their agency affiliation, if any; the
number of such children temporarily placed and awaiting appropriate longer term
placement; (ii) an estimate of the numbers of available psychiatric hospital
beds, so-called chapter 766-approved residential schools placements (needs
language requiring report from such schools), group homes (by agency), and
foster home placements, and how long those beds were available; and (iii) the
data reported by the department of children and families under section 23 of
chapter 18B and the department of mental health under section 22 of chapter 19.
The monthly report shall be submitted to the children’s behavioral health advisory council, the child advocate, and the general court, by filing it with the joint committees on mental health and substance abuse, and children, families and persons with disabilities, the house committee on ways and means, the senate committee on ways and means, the clerk of the house, and the clerk of the senate.
Section 16Q. (a) There shall be a children’s behavioral health advisory council within, but not subject to control of, the executive office of health and human services. The council shall advise the governor, the general court, and the secretary of health and human services.
(b) The council shall consist of no fewer than 24 members and shall be comprised of: (i) the following 10 ex-officio members: the commissioner of mental health, who shall serve as chair, and the commissioner of children and families, the commissioner of youth services, the commissioner of mental retardation, the commissioner of public health, the commissioner of education, the commissioner of early education and care, the commissioner of insurance, the director of the office of Medicaid, the child advocate, or their designees; (ii) additional persons appointed by the secretary of health and human services from the aforementioned agencies and from the executive office of health and human services; and (iii) persons appointed by the secretary of health and human services 1 each from a list of nominees submitted by each of the following organizations:- the Parent/Professional Advocacy League, Inc.; the Massachusetts Psychological Association, Inc.; the Massachusetts Association of Behavioral Health Systems, Inc.; the Massachusetts Psychiatric Society, Inc.; the Children’s League of Massachusetts, Inc.; the Massachusetts Chapter, American Academy of Pediatrics, Inc.; the New England Council of Child and Adolescent Psychiatry; the Mental Health and Substance Abuse Corporation of Massachusetts; National Association of Social Workers, Massachusetts Chapter; Massachusetts Hospital Association, Inc., Blue Cross Blue Shield of Massachusetts, Massachusetts Association for Mental Health, Massachusetts Behavioral Health Partnership, Massachusetts Society for the Prevention of Cruelty to Children, and the Massachusetts Association of Health Plans; and (iii) the following 4 community and provider members appointed by the secretary of health and human services:- 2 youth under the ages of 22 who are consumers of behavioral health services; a physician, pediatrician, or child and adolescent psychiatrist from a community health center; and a professional with expertise in human services workforce development. Membership of the children’s behavioral health advisory council shall represent the culturally and linguistically diverse populations served by the executive office and its agencies.
The terms for nongovernmental members shall be 3 years. Upon the expiration of a term, nongovernmental members shall serve until a successor has been appointed; however, if a vacancy exists prior to the expiration of a term, another nongovernmental member shall be appointed to complete the unexpired term.
(c) The council shall review: (i) the reports on the status of children awaiting clinically appropriate behavioral health services provided by the secretary of health and human services under section 16P, (ii) the behavioral health indicators reports provided by the department of education under section 6 of chapter 15D, (iii) the research reports provided by the children’s behavioral health research center under section 23 of chapter 19; and (iv) legislative proposals and statutory and regulatory policies impacting children’s behavioral health services.
(d) The council shall make legislative and regulatory recommendations related to: (i) best and promising practices for behavioral health care of children and their families, including practices that promote wellness and the prevention of behavioral health problems, and that support the development of evidence based interventions with children and their parents; (ii) implementation of interagency children’s behavioral health initiatives with the goal of promoting a comprehensive, coordinated, high-quality, safe, effective, timely, efficient, equitable, family-centered, culturally competent, linguistically, and clinically appropriate continuum of behavioral health services for children; (iii) the extent to which children with behavioral health needs are involved with the juvenile justice and child welfare systems; (iv)licensing standards, relevant to the provision of behavioral health services, for programs serving children, including those licensed by entities outside of the executive office of health and human services; (v) continuity of care for children and families across payers, including private insurance; and (vi) racial and ethnic disparities in the provision of behavioral health care to children.
(e) The council
shall submit an annual report, with legislative and regulatory recommendations,
by October 1st to the governor, the secretary of health and human services, the
commissioner of early education and care, the commissioner of education, the
child advocate, and the general court, by filing them with the joint committees
on mental health and substance abuse and children, families and persons with
disabilities, the joint committee on health care finance, the house committee
on ways and means, the senate committee on ways and means, the clerk of the
house and the clerk of the senate.
(f)
All meetings of the council shall conform to chapter 30A, except that the
council, through its bylaws, may provide for executive sessions of the
council. No action of the council shall be taken in an executive session.
(g)
The members of the council shall not receive a salary or per diem allowance for
serving as members of the council, but shall be reimbursed for actual and
necessary expenses reasonably incurred in the performance of their duties.
Section 16R. There shall be geographically-based interagency review teams to collaborate on complex cases where a child, which term shall include a person under the age of 22 who is disabled or has special needs, may qualify for services from multiple state agencies consisting, as determined by the needs of the individual child, of representatives selected from agencies within the executive office of health and human services, the department of early education and care, the department of education. In relevant cases, and with appropriate consent, representatives of local education agencies and juvenile probation will also be invited. Such a child may be referred to the team by a state agency, the juvenile court, or the child’s parent or guardian. The teams, after hearing from the parents or guardian of the child, relevant agencies and service providers, and reviewing relevant materials, shall determine which services, including case management services, are appropriate for the child and who shall provide those services. If the team is unable to reach a consensus decision, the matter will be referred to the regional directors of the respective agencies for resolution. The regional directors will meet within 10 business days of such a referral and will issue their decision within 3 business days thereafter. If the regional directors are unable to resolve the case, and the disagreement involves matters solely within the purview of the executive office of health and human services, the team shall notify the secretary of health and human services who shall render a decision within 30 days of the notice.
If the parent or
guardian of the child disputes the decision of the team or the secretary, the
parent or guardian may file an appeal with the division of administrative law
appeals, established under section 4H of chapter 7, which shall conduct an
adjudicatory proceeding and order any necessary relief consistent with state or
federal law.
Nothing in this
section shall be construed to entitle any such child to services to which he or
she would be otherwise ineligible under applicable agency statutes or
regulations.
Notwithstanding
chapter 66A, chapter 112, chapter 119 or any other law related to the
confidentiality of personal data, the teams, the secretary and the division of
administrative law appeals shall have access to and may discuss materials
related to the case while the case is under review once the parent or guardian
has consented in writing and those having access agree in writing to keep the
materials confidential. Once the review is complete, all materials shall be
returned to the originating source.
The
secretary of health and human services, the commissioner of education and the
commissioner of early education and care shall jointly promulgate regulations
to effectuate the purposes of this section.
The
secretary of health and human services shall publish an annual report by
February 15th summarizing the cases reviewed by the teams in the previous year,
the length of time spent at each stage, and their final resolution. The report shall be provided to the child
advocate.
Nothing in
this section shall limit the rights of parents or children under chapter 71B
the federal Individuals with Disabilities Education Act, 20
U.S.C. 1400 et seq., or Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794 et seq.
Section 16S. The secretary of health and human
services shall coordinate the purchase of behavioral health services for
children to promote economy and efficiency and improve service delivery,
integrating services provided by the executive office of health and human
services into a comprehensive, community-based behavioral health delivery
system. The secretary shall establish guidelines for the department of
children and families, the department of youth services, the department of
public health, the department of mental retardation and the office of Medicaid for the delivery of behavioral health
services to children, including children subject to proceedings under sections
39E to 39J, inclusive, of chapter 119, pursuant to which the
commissioner of mental health shall be consulted in the design and
implementation of the commonwealth’s behavioral health services for children and
shall consult with the with commissioner of early education and care and the
commissioner of elementary and secondary education to establish similar guidelines
for those respective departments..
SECTION 2. Section 2 of chapter
15D of the General Laws, as so appearing, is hereby amended by adding at the
end thereof the following:-
(t) The department shall, subject to appropriation,
provide consultation services and workforce development to meet the behavioral
health needs of children in early education and care programs. Preference shall
be given to those services designed to prevent expulsions and suspensions.
SECTION 3. Section 3 of said chapter 15D of the General Laws, as so appearing, is hereby amended by striking subsection (g) and inserting in place thereof the following subsection:-
(g) The board shall submit an annual report to
the secretary of education, the secretary of administration and finance, and
the clerks of the house of representatives and senate,
who shall forward the same to the joint committee on education, describing its
progress in achieving the goals and implementing the programs authorized in
this chapter. The report shall evaluate
the progress made toward universal early education and care for preschool-aged
children and toward reducing expulsion rates through developmentally
appropriate prevention and intervention services. The department shall include an annual report
on behavioral health indicators that includes estimates of the annual rates of
preschool suspensions and expulsions, the types and prevalence of behavioral
health needs of children served by the department, the racial and ethnic
background of the children with identified behavioral health needs, the
existing capacity to provide behavioral health services, and an analysis of the
best intervention and prevention practices, including strategies to improve the
delivery of comprehensive services and to improve collaboration between and
among early education and care and human services providers. The report and any
recommendations for legislative or regulatory changes shall be submitted by
February 15th to the secretary of health and human services, the secretary of
administration and finance, the children’s behavioral health advisory council,
the child advocate, and the general court, by filing it with the house
committee on ways and means, the senate committee on ways and means, the joint
committee on education, the joint committees on mental health and substance
abuse and children, families and persons with disabilities, the clerk of the
house and the clerk of the senate.
SECTION 4.
Section 4 of chapter 15D of the General Laws, as so appearing,
is hereby amended by adding the following paragraph:—
The
commissioner shall consult with the commissioner of mental health prior to
taking any action substantially affecting the design and implementation of
behavioral health services for children under guidelines established by the
secretary of health and human services and the commissioner of early education
and care under section 16S of chapter 6A.
SECTION 5. Section 5 of said chapter 15D of the General Laws, as so appearing, is hereby further amended by adding at the end thereof the following:— (17) training to identify and address infant-toddler and early childhood behavioral health needs.
SECTION 6.
Section 1 of chapter 18A of the General Laws, as appearing in the 2006
Official Edition, is hereby amended by adding the following paragraph:—
The
commissioner shall consult with the commissioner of mental health prior to
taking any action substantially affecting the design and implementation of
behavioral health services for children under guidelines established by the
secretary of health and human services under section 16S of chapter 6A.
SECTION 7.
Section 7 of chapter 18B of the General Laws, as so appearing, is hereby
amended by adding the following subsection:—
(m) The commissioner
shall consult with the commissioner of mental health prior to taking any action
substantially affecting the design and implementation of behavioral health
services for children under guidelines established by the secretary of health
and human services under section 16S of chapter 6A.
SECTION 8.
Said chapter 18B is hereby further amended by adding the following section:—
Section
23. If the department has care and custody of a child receiving inpatient
psychiatric services, the department shall contact the child’s parents or
guardian, as appropriate, and a member of the child’s treatment team within 3
business days of the hospitalization, shall maintain weekly contact with them
until the child is discharged, and shall immediately begin discharge planning,
with the priority of returning the child home or to a community placement. No later than 5 business days after being
notified that continued hospitalization is no longer clinically appropriate, the
department shall determine the type of placement that is appropriate for the
child and shall immediately initiate the placement referrals. The department shall document its activities
in assisting with discharge placement, including identification of available
resources for home-based, community, or alternative residential placements, as
well the barriers, if any, to discharge to the most clinically appropriate
setting. If the initial placement is not deemed to be the most clinically
appropriate, the department shall continue to seek an appropriate placement. No longer than 30 days after being notified
that continued hospitalization is no longer clinically appropriate, the
department shall refer the child to the interagency review team established
pursuant to chapter 6A, section 16R. The department shall submit a monthly
report to the secretary of health and human services detailing the activities
undertaken pursuant to this section, including the length of time required to
place each such child in a clinically appropriate post-discharge setting.
SECTION 9.
Chapter 19 of the General Laws is hereby amended by adding the following 3
sections:—
Section
22. The commissioner of mental health shall be consulted on the design
and implementation of the commonwealth’s behavioral health services for
children, under guidelines established by the secretary of health and human
services under section 16S of chapter
6A.
Section 23.
There shall be, within the department of mental health, a children’s behavioral
health research center, the primary mission of which shall be to ensure that
the workforce of clinicians and direct care staff providing children’s
behavioral health services are highly skilled and well trained, the services
provided to children in Massachusetts are cost-effective and evidence-based,
and that Massachusetts continues to develop and evaluate new models of service
delivery. Subject to appropriation, the center
shall conduct such activities as the commissioner may direct in furtherance of
its primary mission, which activities may include: (i) collect quarterly data
from state agencies, the juvenile court, the commissioner of probation, service
providers and insurance providers relative to children’s behavioral health
services; (ii) research the best practices for the identification and treatment
of children’s behavioral health needs; (iii) evaluate the demand for and the
availability, cost and quality of children’s behavioral health services
provided by the commonwealth; (iv) publish annual progress reports, including
the estimated costs and benefits of implementing new programs or practices, the
status of racial and ethnic disparities, and the capacity of the behavioral
health system to meet clinically appropriate inpatient, residential and
community-based service demands; and (v) provide information on a regular basis
to the children’s behavioral health advisory council, established by section
16Q of chapter 6A.
The center
shall publish an annual report including: (i) narrative and statistical
information about service demand, delivery and cost, and identified service
gaps during the prior year, (ii) the effectiveness of the services delivered
during the prior year, and (iii) review of research analyzed or conducted
during the prior year. The center shall submit the annual report by
February 1st to the governor, the children’s behavioral health advisory
council, the child advocate, and the general court, by filing it with the joint
committee on mental health and substance abuse and children, families and persons
with disabilities, the joint committee on health care financing, the house
committee on ways and means, the senate committee on ways and means, the clerk
of the house and the clerk of the senate.
Section 24. If the department is notified that a child who is eligible for department services is receiving inpatient psychiatric services, the department shall contact the child’s parents or guardian and a member of the child’s treatment team within 3 business days of being so notified, shall maintain weekly contact with them until the child is discharged, and shall, with the consent of the child’s parent or guardian, immediately begin discharge planning, with the priority of returning the child home or to a community placement. No later than 5 business days after being notified that continued hospitalization is no longer clinically appropriate, the department shall determine the type of placement that is appropriate for the child and with the consent of the child’s parent or guardian shall immediately initiate the placement referrals. The department shall document its activities in assisting with discharge placement, including identification of available resources for home-based, community, or alternative residential placements, as well the barriers, if any, to discharge to the most clinically appropriate setting. If the initial placement is not deemed to be the most clinically appropriate, the department shall continue to seek an appropriate placement. No longer than 30 days after being notified that continued hospitalization is no longer clinically appropriate, the department shall refer the child to the interagency team established pursuant to chapter 6A, section 16R. The department shall submit a monthly report to the secretary of health and human services detailing the activities undertaken pursuant to this section, including the length of time required to place each such child in a clinically appropriate post-discharge setting.
SECTION 10.
Section 2 of chapter 19B of the General Laws, as appearing in the 2006 Official
Edition, is hereby amended by adding the following paragraph:—
The
commissioner shall consult with the commissioner of mental health prior to
taking any action substantially affecting the design and implementation of
behavioral health services for children under guidelines established by the
secretary of health and human services under section 16S of chapter 6A.
SECTION 11.
Section 1A of chapter 69 of the General Laws, as so appearing, is
hereby amended by adding the following paragraph:—
The
commissioner shall consult with the commissioner of mental health prior to
taking any action substantially affecting the design and implementation of
behavioral health services for children under guidelines established by the
commissioner and the secretary of health and human services under section 16S
of chapter 6A.
SECTION 12.
Section 2 of chapter 111 of the General Laws, as so appearing, is hereby
amended by inserting after the third paragraph the following paragraph:—
The
commissioner shall consult with the commissioner of mental health prior to
taking any action substantially affecting the design and implementation of
behavioral health services for children under guidelines established by the
secretary of health and human services under section 16S of chapter 6A.
SECTION 13.
Section 1 of chapter 176O of the General Laws, as so
appearing, is hereby amended by inserting after the definition of “Ambulatory
Review” the following definition:—
“Behavioral
health manager”, a company, organized under the laws of the commonwealth or
organized under the laws of another state and qualified to do business in the
commonwealth, that has entered into a contractual arrangement with a carrier to
provide or arrange for the provision of behavioral health services to
voluntarily enrolled members of the carrier.
SECTION 14.
Subsection (a) of section 7 of said chapter 176O, as so appearing, is hereby
amended by adding the following clause:—
(7) a statement
that an insured has the right to request referral assistance from a carrier if
the insured or the insured’s primary care physician has difficulty identifying
medically necessary services within the carrier’s network; that the carrier,
upon request by the insured, shall identify and confirm the availability of
these services directly; and that the carrier, if necessary, shall obtain
out-of-network services if they are unavailable within the network.
SECTION 15.
Said chapter 176O is hereby further amended by adding the
following 3 sections:—
Section
18. Any carrier for whom a behavioral health manager is administering
behavioral health services shall be responsible for the behavioral health
manager’s failure to comply with the requirements of this chapter in the same
manner as if the carrier failed to comply.
Section 19. Any carrier for whom a behavioral health
manager is administering behavioral health services shall state on its new
enrollment cards issued in the normal course of business, within one year the
name and telephone number of the behavioral health manager.
Section 20. (a) A behavioral health manager shall
provide the following information to at least 1 adult insured in each household
covered by their services:
(1) a notice
to the insured regarding emergency mental health services that states:
(i) that the
insured may obtain emergency mental health services, including the option of
calling the local pre-hospital emergency medical service system by dialing the
emergency telephone access number 911 or its local equivalent, if the insured
has an emergency mental health condition that would be judged by a prudent
layperson to require pre-hospital emergency services;
(ii) that no
insured shall be discouraged from using the local pre-hospital emergency
medical service system, the 911 telephone number, or the local equivalent;
(iii) that
no insured will be denied coverage for medical and transportation expenses
incurred as a result of such emergency mental health condition; and
(iv) if the
behavioral health manager requires an insured to contact either the behavioral
health manager, carrier or the primary care physician of the insured within 48
hours of receiving emergency services, notification already given to the
behavioral health manager, carrier or primary care physician by the attending
emergency physician shall satisfy that requirement.
(2) a
summary of the process by which clinical guidelines and utilization review
criteria are developed for behavioral health services;
(3) a
statement that the office of patient protection, established by section 217 of
chapter 111, is available to assist consumers, a description of the grievance
and review processes available to consumers under chapter 176O, and
relevant contact information to access the office and these processes.
(b) This
information may be contained in the carrier’s evidence of coverage and need not
be provided in a separate document. Every disclosure described in this
section shall contain the effective date, date of issue and, if applicable,
expiration date.
(c) A
behavioral health manager shall submit material changes to the information required
by subsection (a) to the managed care bureau, established by section 2 of
chapter 176O, at least 30 days before their effective dates and to at
least 1 adult insured in every household residing in the commonwealth at least
biennially.
(d) A behavioral
health manager that provides specified services through a workers' compensation
preferred provider arrangement that meets the requirements of 211 CMR 112.00
and 452 CMR 6.00 shall be considered to comply with this section.
SECTION 16. Section 77 of chapter 177 of the acts of 2001 is hereby repealed.
SECTION 17. Notwithstanding subsection (b) of section 16Q of chapter 6A of the General Laws, the initial terms of the 14 nongovernmental members on the children’s behavioral health council, established by said section 16Q of said chapter 6A, shall be designated by the secretary of health and human services as follows: 4 members for a term of 1 year, 4 members for a term of 2 years, and 3 members for a term of 3 years.
SECTION
18. (a) The office of Medicaid shall convene a working group on
the early identification of children’s developmental, mental health and
substance abuse problems in pediatric primary care settings. The working
group shall include representatives from the pediatric, mental health, and
substance abuse communities, as well as patient and child advocacy
organizations. It shall review the office of Medicaid’s current
regulations on the early and periodic screening, diagnosis and treatment
program, and make recommendations about the periodicity of screenings, the
screening tools used, the training and education of those conducting the
screenings, and treatment protocols. The recommendations shall be
submitted by
(b)
Notwithstanding any general or special law to the contrary, by
SECTION
19. (a) There shall be a task force on
behavioral health and public schools, within the Department of Education, to
build a framework to promote collaborative services and supportive school
environments for children, to develop and pilot an assessment tool based on the
framework to measure schools’ capacity to address children’s behavioral health
needs, to make recommendations for using the tool to carry out a statewide
assessment of schools’ capacity, and to make recommendations for improving the
capacity of schools to implement the framework.
(b) The task
force, consisting of 10 ex-officio members and 16 members appointed by the
commissioner of education, shall include the commissioner of education, who
shall serve as chairperson, the commissioner of early education and care, the
commissioner of mental health, the commissioner of mental retardation, the
commissioner of public health, the commissioner of children and families, the
commissioner of transitional assistance, the director of the office of
Medicaid; and the commissioner of youth services, the child advocate,or their
designees; 2 parents of children with behavioral health needs; 1 adult
who had behavioral health needs as a child; 4 community-based behavioral health
providers, 1 who works with schools, 1 who works with parents of children with
behavioral health needs, 1 who has expertise in the behavioral health effects
of trauma, and 1 who is implementing the remedial plan related to Rosie D.
v Romney, 410 F.Supp.2d 18 (CA No. 01-30199-
(c) The task
force shall: (i) build a framework that promotes collaboration and between
schools and behavioral health services and promotes supportive school
environments where children with behavioral health needs can form relationships
with adults and peers, regulate their emotions and behaviors, and achieve
academic and nonacademic school success and reduces truancy and the numbers of
children dropping out of school; (ii) develop a tool based on the framework to
assess the capacity of schools to collaborate with behavioral health services
and provide supportive school environments that can improve, outcome
measures such as rates of suspensions, expulsions, and other punitive
responses, hospitalizations, absenteeism, tardiness, truancy and drop-out
rates, time spent on learning and other measures of school success; (iii) pilot
the assessment tool in at least 10 schools; (iv) make recommendations for
using the tool to carry out a statewide assessment; and (v) make
recommendations for improving the capacity of schools to implement the
framework.
(d) The
framework shall address:
(i)
Leadership by school administrators to create structures within schools that
promotes collaboration between schools and behavioral health providers within
confidentiality laws.
(ii)
Professional development for school personnel and behavioral health service
providers that clarifies roles and promotes collaboration within
confidentiality laws; increases cultural competency; increases school
personnel’s knowledge of behavioral health symptoms, the impact of these
symptoms on behavior and learning, and the availability of community resources;
enhances school personnel’s skills to help children form meaningful
relationships, regulate their emotions, behave appropriately, and succeed
academically, and to work with parents who may have behavioral health needs;
increases providers’ skills to identify school problems and to provide
consultation, classroom observation, and support to school personnel, children,
and their families; and increases school personnel’s and providers’ knowledge
of the impact of trauma on learning, relationships, physical well-being, and
behavior, and of school-wide and individual approaches that help traumatized children
succeed in school.
(iii) Access
to clinically, linguistically, and culturally appropriate behavioral health
services, including prevention, early intervention, crisis intervention,
screening, and treatment, especially for children transitioning to school from
other placements or hospitalization, homelessness, and children requiring
behavioral health services pursuant to special education individual education
plans;
(iv)
Effective academic and non-academic activities that build upon students’
strengths, promote success in school, maximize time spent in the classroom and
minimize suspensions, expulsions, and other removals for students with
behavioral health challenges.
(v) Policies
and protocols for referrals to behavioral health services that minimize time
out of class, safe and supportive transitions to school, consultation and
support for school staff, confidential communication, appropriate reporting of
child abuse and neglect under section 51A of chapter 119, and discipline that
focuses on reducing suspensions and expulsions and that balances accountability
with an understanding of the child’s behavioral health needs and trauma.
(vi) policies and protocols for a truancy prevention program certification by the department which may include mechanisms to provide technical assistance to school districts and to encourage each school district to adopt and implement a truancy prevention program which meets the certification criteria
(e) The
commissioner of education shall convene the task force on or before
(f) The task
force shall submit an interim report to the governor, the child advocate, and
to the general court, by filing the report with the joint committees on mental
health and substance abuse and children, families and persons with
disabilities, and education, the clerk of the house and the clerk of the senate
on or before
(g) The task
force shall submit a final report to the governor, the child advocate, and to
the general court, by filing the report with the joint committees on mental
health and substance abuse, children, families and persons with disabilities,
and education, the clerk of the house and the clerk of the senate on or before
SECTION
20. The MassHealth behavioral health contractor, in
collaboration with the department of mental health and the department of
education, shall develop a proposal for the provision of behavioral health
consultative services to schools.
The
proposal, to the extent possible, shall incorporate existing models for effectively
providing such services. Consultative services available under this
proposal shall include emergency triage, prevention, early intervention and
classroom-based approaches to behavioral health care, and shall provide
effective behavioral health identification and treatment strategies for
teachers, school staff and parents. The proposal shall be submitted to
the secretary of health and human services by
SECTION
21. (a) There shall be an office of
compliance coordination, within the executive office of health and human
services, to provide administrative oversight, monitoring, and implementation
of the remedial plans and court orders related to Rosie D. v. Romney,
410 F.Supp.2d 18 (CA No. 01-30199-
(b) There
shall be a compliance coordinator in charge of the office, who shall be
appointed by and report directly to the secretary of health and human
services. The compliance coordinator shall: (i) facilitate compliance by
MassHealth; (ii) serve as the primary liaison for any court-appointed monitor,
special master or agent, and provide the court appointee with access to
documentation in the possession of executive office, its agencies or their
contractors needed to monitor compliance with the remedial plan or court
orders; and (iii) promote consistency, where appropriate, with other state
programs serving persons with similar service needs.
(c) The
compliance coordinator shall issue semiannually compliance reports describing
to the commonwealth’s compliance with the remedial plan and court orders and
identifying any obstacles to compliance. The reports shall be submitted to the
general court, by filing with the senate committee on ways and means, the house
committee on ways and means, the joint committee on mental health and substance
abuse, the joint committee on health care financing and the clerk of the house
and the clerk of the senate.
SECTION 22. Section 18 is hereby repealed.
SECTION 23. Section 19 is hereby repealed.
SECTION 24. Section 20 is hereby repealed.
SECTION 25.
Section 21 is hereby repealed.
SECTION 26.
Section 22 shall take effect on November 1, 2009.
SECTION 27. Section 23 shall take effect on July 1, 2011.
SECTION 28. Section 24 shall take effect on December 2, 2009.
SECTION 29.
Section 25 shall take effect on