MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Human Services
By: Representative Mims
AN ACT TO CREATE THE MENTAL HEALTH TASK FORCE TO UNDERTAKE A COMPREHENSIVE REVIEW OF THE STATE'S MENTAL HEALTH SYSTEM; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO PROVIDE THAT THE TASK FORCE SHALL STUDY AND MAKE RECOMMENDATIONS FOR IMPROVING THE MENTAL HEALTH SYSTEM IN MISSISSIPPI; TO PROVIDE THAT THE STATE DEPARTMENT OF MENTAL HEALTH SHALL PROVIDE APPROPRIATE STAFF SUPPORT TO ASSIST THE TASK FORCE IN CARRYING OUT ITS DUTIES; TO REQUIRE THE TASK FORCE TO PREPARE AND SUBMIT A FINAL REPORT THAT CONTAINS ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS BY DECEMBER 31, 2016, AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Mental Health Task Force to undertake a comprehensive review of the state's mental health system. The task force shall be comprised of twenty-nine (29) members, as follows:
(a) The Chairpersons of the Public Health Committees of the Senate and the House of Representatives or their designees;
(b) The Chairpersons of the Judiciary B Committees of the Senate and the House of Representatives or their designees;
(c) The Lieutenant Governor or a designee of the Lieutenant Governor;
(d) The Speaker of the House of Representatives or a designee of the Speaker;
(e) The Attorney General or a designee of the Attorney General;
(f) A state Supreme Court justice or Court of Appeals judge, appointed by the Chief Justice of the Supreme Court of Mississippi;
(g) The Executive Director of the Division of Medicaid or a designee of the director, who must be a physician;
(h) The State Health Officer or a designee of the health officer, who must be a physician;
(i) The Executive Director of the Department of Mental Health or a designee of the director;
(j) A member of the State Board of Mental Health, appointed by the board;
(k) The Executive Director of the Department of Human Services or a designee of the director;
(l) The Executive Director of the Department of Rehabilitation Services or a designee of the director.
(m) The Commissioner of Corrections or a designee of the commissioner;
(n) A member appointed by the Vice Chancellor of the University of Mississippi Medical Center;
(o) A chancery clerk appointed by the Mississippi Chancery Clerks Association;
(p) A member appointed by the Mississippi Sheriff's Association;
(q) A physician appointed by the Mississippi State Medical Association;
(r) A physician appointed by the Mississippi Medical and Surgical Association;
(s) A physician appointed by the Mississippi Academy of Family Physicians;
(t) A psychiatrist appointed by the Mississippi Psychiatric Association;
(u) A psychologist appointed by the Mississippi Psychological Association;
(v) A social worker appointed by the National Association of Social Workers-Mississippi Chapter;
(w) A member appointed by the Mississippi Hospital Association;
(x) A member appointed by the Mississippi Association of Community Mental Health Centers;
(y) A member appointed by the National Council on Alcoholism and Drug Dependence organization;
(z) A member appointed by the National Alliance on Mental Illness, Mississippi Chapter; and
(aa) A member appointed by the ARC of Mississippi.
(2) The task force shall meet on or within seven (7) days of July 15, 2015, at the call of the Executive Director of the Department of Mental Health and organize itself by electing one (1) of its members as chair and such other officers as the task force may consider necessary. Thereafter, the task force shall meet at least biannually and at the call of the chair or by a majority of the members. A quorum of the task force consists of fourteen (14) members.
(3) The task force shall study and make recommendations for improving the mental health system in Mississippi. In making those recommendations, the task force shall:
(a) Undertake a comprehensive review of all areas of the state's mental health system;
(b) Review the authority granted to the State Board of Mental Health;
(c) Make findings regarding such review and recommendations for changes in oversight, policies, practices and laws designed to enhance mental health services in the state and ensure the interests of mental health patients at every step of the mental health system;
(d) Identify critical problems in the public mental health system; and
(e) Consult with state, local and tribal government and nongovernmental leaders, including law enforcement officials, legislators, judges, physicians, civil rights and liberties organizations, and mental health patients who have been treated in the state mental health system; and
(4) The State Department of Mental Health shall provide appropriate staff support to assist the task force in carrying out its duties. The Executive Director of the Department of Mental Health shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force. In addition, the task force may consult with employees of any state agency or department necessary to accomplish the task force's responsibilities under this section.
(5) The task force shall prepare and submit a final report that contains a detailed statement of findings, conclusions and recommendations of the task force to the Legislature, the Governor and to local and tribal governments by December 31, 2016, unless the state is in negotiation or active litigation with the United States Department of Justice regarding the state mental health system, in which case the creation and submission of the final report shall be delayed until such time as the attorneys representing the state in the negotiation or litigation approve its release. It is the intention of the Legislature that, given the importance of the matters before the task force, the task force should work toward unanimously supported findings and recommendations, and the task force shall state the vote total for each recommendation contained in its report to the Legislature. The report submitted under this subsection shall be made available to the public.
The recommendations for improving the mental health system in Mississippi may include proposals for specific statutory changes for improving the effectiveness of mental health care and methods to foster cooperation among state agencies and health care providers. The task force shall be abolished upon submission of the report to the Governor and the Legislature.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.