HOUSE BILL No. 4700
June 11, 2019, Introduced by Reps. Whiteford and Vaupel and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 34e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34e. (1) Subject to this section, the department shall
create a prerelease mental health discharge plan for each prisoner
who is receiving mental health services or mental health
prescription medication before he or she is released on parole. The
department may seek consultative assistance from the department of
health and human services in creating a plan under this subsection.
(2) If a prisoner refuses discharge planning under subsection
(1), the department must note that discharge planning was declined
by the prisoner in the record the department maintains for the
prisoner.
(3) A plan developed under subsection (1) must include all of
the following regarding the prisoner:
(a) A mental health assessment that includes the use of the
following assessment tools:
(i) Patient Health Questionnaire-9.
(ii) Generalized Anxiety Disorder 7-Item Scale.
(iii) Patient Health Questionnaire-2.
(iv) Opioid Risk Tool.
(b) Identification of risk factors related to transportation,
housing, and family stress.
(c) An appointment scheduled after release with a mental
health professional who is capable of providing postrelease mental
health prescription medication and other mental health services.
(d) If the prisoner is receiving mental health prescription
medication at the time of discharge planning, steps that will
provide the prisoner access to the mental health prescription
medication between his or her release and the appointment described
under subdivision (c).
(e) An assessment of whether the prisoner is eligible upon
release for enrollment in Medicaid or Medicare under state or
federal regulations governing eligibility and enrollment. If the
prisoner is eligible, he or she must be provided with information
on enrollment.
(f) Goals and activities that address the needs and barriers
identified under subdivisions (a) to (e).
(g) A list of care team members that will support the prisoner
as he or she transitions out of prison, including community health
or social program providers.
(h) Input from the prisoner and a communication plan for the
duration of parole.
(4) The department of health and human services shall take
reasonable steps to assist the department if the department
requests assistance with prerelease mental health discharge
planning under this section. Upon request from the department,
community-based mental health services must be provided by the
department of health and human services throughout the period of
parole.
(5) The department may use a care management software program
to design the prerelease mental health discharge plan required
under this section if the program meets all of the following
requirements:
(a) Is built as a software as a service (SaaS) and hosted on a
cloud that complies with the health insurance portability and
accountability act of 1996, Public Law 104-191.
(b) Uses natural language processing services to parse the
case notes regarding a prisoner and to provide insights into new
assessments, barriers, and risks that the care manager and care
team should address and re-evaluate using the assessment tools
described under subsection (3)(a).
(c) Contains the assessment tools identified under subsection
(3)(a) and a method to assess the factors under subsection (3)(b).
(d) Provides the associated application programming interfaces
(APIs) to send demographic data to and receive eligibility status
from this state's integrated eligibility system.
(e) Uses 2-factor authentication for the authentication of all
care team members.
(f) Is completely managed through configuration.
(g) Delivers a holistic summary of the goals and activities
identified under subsection (3)(f) and the touchpoints between care
team members and the prisoner.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.