AN ACT TO AMEND SECTION 41-21-140, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MISSISSIPPI HELPING ENSURE ALTERNATIVE LAW ENFORCEMENT TRANSPORTATION FOR HEALING (MISSHEALTH) PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF TRANSPORTING INDIVIDUALS EXPERIENCING A MENTAL HEALTH OR BEHAVIORAL CRISIS TO A HOSPITAL OR TREATMENT FACILITY; TO PROVIDE THAT THE PROGRAM'S IMPLEMENTATION IS SUBJECT TO APPROPRIATION; TO PROVIDE THAT THE PROGRAM SHALL BE JOINTLY ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION, DEPARTMENT OF MENTAL HEALTH AND DIVISION OF MEDICAID; TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO ESTABLISH GUIDELINES AND APPLICATION DEADLINES FOR THE PARTICIPATION IN THE MISSHEALTH PILOT PROGRAM; TO REQUIRE GRANT RECIPIENTS TO PROVIDE A 25% FUNDING MATCH OF THE TOTAL GRANT FUNDS RECEIVED; TO ALLOW LAW ENFORCEMENT AGENCIES TO CONTRACT WITH ONE OR MORE THIRD PARTIES OR OTHER LAW ENFORCEMENT AGENCIES TO TRANSPORT INDIVIDUALS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO PROVIDE THAT CONTRACTS ENTERED INTO UNDER THE AUTHORITY OF THIS ACT ARE SUBJECT TO AUDIT BY THE OFFICE OF THE STATE AUDITOR; TO PRESCRIBE THE PURPOSES FOR WHICH GRANT FUNDS RECEIVED UNDER THE MISSHEALTH PILOT PROGRAM MAY BE USED; TO PROVIDE FOR TELEHEALTH EVALUATION OF INDIVIDUALS IF AVAILABLE TO DETERMINE NEED FOR ADMISSION; TO PRESCRIBE THE MANNER BY WHICH THE ORIGINAL CERTIFICATE OF NEED FOR TRANSPORT MAY BE DETERMINED AND PROVIDED TO THE TRANSPORTING LAW ENFORCEMENT AGENCY BY THE COMPLETING PHYSICIAN, PSYCHOLOGIST OR DESIGNATED PROFESSIONAL; TO REQUIRE THE COMPLETING PHYSICIAN, PSYCHOLOGIST OR DESIGNATED PROFESSIONAL TO INFORM THE TRANSPORTING LAW ENFORCEMENT AGENCY THAT THE HOSPITAL OR TREATMENT FACILITY OF ADMISSION HAS BEEN CONTACTED AND HAS AVAILABLE SUITABLE ACCOMMODATIONS FOR THE INDIVIDUALS IN CRISIS; TO REQUIRE THE TRANSPORTING LAW ENFORCEMENT AGENCY OR TRANSPORTATION AGENT TO NOTIFY THE ADMITTING HOSPITAL OR TREATMENT FACILITY OF AN ESTIMATED TIME OF ARRIVAL; TO REQUIRE THE LAW ENFORCEMENT AGENCY OR TRANSPORTATION AGENT TO REMAIN AT THE HOSPITAL OR TREATMENT FACILITY LONG ENOUGH FOR THE INDIVIDUAL TO BE EVALUATED FOR ADMISSION, BUT NOT TO EXCEED TWO HOURS; TO PROVIDE THAT IF A LAW ENFORCEMENT OFFICER IS AUTHORIZED TO MAKE AN ARREST AND A PROFESSIONAL DESIGNATED BY A CRISIS INTERVENTION TEAM HAS REASON TO BELIEVE THAT THE INDIVIDUAL SUBJECT TO ARREST IS EXPERIENCING A MENTAL OR BEHAVIORAL CRISIS, THE SUCH PERSON MAY BE TAKEN INTO CUSTODY WITHOUT A CIVIL ORDER OR WARRANT FOR IMMEDIATE MENTAL EXAMINATION TO DETERMINE NEED FOR BEHAVIORAL HEALTH TREATMENT AT A HOSPITAL OR TREATMENT FACILITY; TO REQUIRE IMMEDIATE EXAMINATION OF INDIVIDUALS SO DETAINED BY A PHYSICIAN, PSYCHOLOGIST OR DESIGNATED PROFESSIONAL TO DETERMINE IF SUCH PERSON IS SUBJECT TO ADMISSION TO A HOSPITAL OR TREATMENT FACILITY; TO PRESCRIBE THE PROCEDURES TO BE FOLLOWED UPON A DETERMINATION BY THE EVALUATING PHYSICIAN, PSYCHOLOGIST OR DESIGNATED PROFESSIONAL IF THE PERSON IS OR IS NOT TO BE ADMITTED INTO A HOSPITAL OR TREATMENT FACILITY; TO DEFINE THE TERM "QUALIFIED ADVANCED PRACTICE PROVIDER AND PRESCRIBE THE PROCEDURES TO BE FOLLOWED BY SUCH INDIVIDUALS WHEN EVALUATING AND RECOMMENDING ADMISSION FOR PERSONS EXPERIENCING A MENTAL HEALTH CRISIS; TO PRESCRIBE THE DUTY OF LAW ENFORCEMENT AGENCIES OR TRANSPORTATION AGENTS TO RETURN INDIVIDUALS SUSPECTED OF EXPERIENCING A MENTAL HEALTH CRISIS WHO ARE DETERMINED NOT ELIGIBLE FOR ADMISSION BACK TO THE COUNTY OR MUNICIPALITY OF ORIGIN WHERE THE INITIAL INTERACTION OCCURRED; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO HOSPITALS, TREATMENT FACILITIES AND HEALTHCARE PROVIDERS FROM CLAIMS ARISING FROM DETERMINATIONS OF ADMISSION AND FROM TRANSPORTATION OF PERSONS TO AND FROM SUCH FACILITIES; TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO PROVIDE TRAINING ON MENTAL HEALTH CRISIS MANAGEMENT FOR LOCAL LAW ENFORCEMENT AGENCIES' PERSONNEL AND FOR TRANSPORTATION AGENTS; AND FOR RELATED PURPOSES.
Impact
The legislative changes proposed in HB348 will make significant adjustments to the current processes surrounding mental health crisis intervention. Specifically, the bill outlines conditions under which law enforcement may be required to transport individuals to healthcare facilities when those individuals pose a danger to themselves or others due to their mental state. There is also a focus on ensuring that the transportation is conducted safely, with law enforcement agencies remaining obligated to provide continuous care during transit.
Summary
House Bill 348 aims to establish the Mississippi Helping Ensure Alternative Law Enforcement Transportation for Healing (MissHEALTH) Pilot Program. This initiative seeks to provide financial assistance to law enforcement agencies tasked with transporting individuals experiencing mental health or behavioral crises to appropriate hospitals or treatment facilities. The program's adoption is subject to state appropriations and is designed to facilitate the efficient movement of individuals in crisis while ensuring that they receive the necessary care in a timely manner.
Contention
Notable points of contention within the discussions surrounding HB348 include the financial implications for local law enforcement agencies, which are required to match 25% of the funding they receive through this program. Additionally, the bill introduces various requirements for telehealth evaluations and guidelines for the treatment of individuals in crisis, which may impose new operational challenges and responsibilities on local law enforcement and healthcare providers. Critics may raise concerns over whether the funding and resources provided by the program will be sufficient to support the demands placed upon them.