AN ACT TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH SHALL DEVELOP AND PROMULGATE A RATING SCALE WITH PERFORMANCE STANDARDS TO USE IN PERFORMANCE AUDITS OF COMMUNITY MENTAL HEALTH CENTERS; TO REQUIRE THE DEPARTMENT TO DEVELOP AND PROMULGATE THE PERFORMANCE STANDARDS BY JUNE 30, 2027; TO PROVIDE THAT THE DEPARTMENT SHALL BEGIN CONDUCTING PERFORMANCE AUDITS DURING FISCAL YEAR 2028; TO REQUIRE THE DEPARTMENT TO PERFORM A PERFORMANCE AUDIT OF EACH COMMUNITY MENTAL HEALTH CENTER AT LEAST ONCE EVERY TWO YEARS; TO PROVIDE THAT THE DEPARTMENT SHALL PLACE ON A SIX-MONTH PROBATIONARY PERIOD REGIONAL COMMISSIONS OR COMMUNITY MENTAL HEALTH CENTERS THAT DO NOT ACHIEVE A PASSING SCORE ON A PERFORMANCE AUDIT; TO PROVIDE THAT IF THE COMMUNITY MENTAL HEALTH CENTER DOES NOT ACHIEVE A PASSING SCORE ON THE PERFORMANCE AUDIT AFTER THE PROBATIONARY PERIOD, THE REGIONAL COMMISSION SHALL REPLACE THE COMMUNITY MENTAL HEALTH CENTER'S EXECUTIVE DIRECTOR AND ANY OTHER OFFICERS IDENTIFIED BY THE DEPARTMENT WITH CONTRACTORS; TO PROVIDE DUE PROCESS RIGHTS FOR COMMUNITY MENTAL HEALTH CENTERS FOUND TO BE IN NONCOMPLIANCE; TO PROVIDE THAT THE CONTRACTOR OR CONTRACTORS SHALL REMAIN IN PLACE UNTIL THE DEPARTMENT DETERMINES THAT THE COMMUNITY MENTAL HEALTH CENTER HAS ATTAINED SUSTAINED COMPLIANCE WITH THE PERFORMANCE STANDARDS; TO PROVIDE THAT NO RULES, REGULATIONS, OPERATIONAL STANDARDS, PERFORMANCE STANDARDS OR OTHER STANDARDS PROMULGATED BY THE BOARD OF MENTAL HEALTH OR THE DEPARTMENT SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE PUBLIC PROCUREMENT REVIEW BOARD APPROVAL OF ANY PERSONAL OR PROFESSIONAL SERVICES CONTRACT ENTERED INTO BY THE DEPARTMENT OF MENTAL HEALTH IN CARRYING OUT ITS RESPONSIBILITIES SET FORTH IN SECTION 41-4-7(MM); TO REPEAL SECTIONS 41-20-1, 41-20-3, 41-20-5, 41-20-7, 41-20-9 AND 41-20-11, MISSISSIPPI CODE OF 1972, WHICH CREATE WITHIN THE DEPARTMENT OF FINANCE AND ADMINISTRATION A POSITION KNOWN AS THE COORDINATOR OF MENTAL HEALTH ACCESSIBILITY; PROVIDE FOR APPOINTMENT, QUALIFICATIONS, EXPENSES AND SALARY FOR THE POSITION; ESTABLISH POWERS, DUTIES AND DISCRETIONARY RESPONSIBILITIES OF THE POSITION; REQUIRE INTER-AGENCY COOPERATION WITH THE COORDINATOR OF MENTAL HEALTH ACCESSIBILITY IN PERFORMING HIS OR HER DUTIES; SET FORTH DEFINITIONS AND RELATED PROVISIONS; AND FOR RELATED PURPOSES.
Impact
The bill is expected to significantly impact mental health services in Mississippi by establishing a formal auditing process that will occur at least once every two years for each community mental health center. Centers that do not achieve satisfactory scores on these audits will enter a six-month probationary period, during which they must make improvements. Failure to meet standards after this period will lead to the replacement of the executive director by a contractor appointed by the department. This shift aims to elevate service quality and compliance at community-based facilities.
Summary
Senate Bill 2445 seeks to amend the Mississippi Code specifically concerning the Department of Mental Health by establishing performance standards and requirements for audits of community mental health centers. The Department is mandated to develop a rating scale, which is to be implemented by June 30, 2027, and begin conducting regular performance audits for each community center starting in fiscal year 2028. This legislation is aimed at ensuring quality and consistency within mental health services across the state by holding community centers accountable for their service delivery standards.
Sentiment
The general sentiment surrounding SB2445 appears to be mixed. Supporters argue that the bill is a necessary step towards increasing accountability and ensuring that mental health services meet essential operational standards. This is viewed as a proactive measure to protect clients and improve overall service delivery. However, some stakeholders have expressed concerns regarding the implications of stringent evaluations and potential overreach, fearing it might lead to disruptions in service availability if centers are penalized too harshly without adequate support for improvement.
Contention
Notably, the measure introduces a robust framework for evaluating performance while allowing due process protections for community mental health centers. Critics might raise issues regarding the practicality and fairness of evaluations, especially concerning community centers in rural areas with limited resources. Furthermore, the bill outlines the repealing of certain sections of the code that establish a dedicated position for a Coordinator of Mental Health Accessibility, suggesting a consolidation of responsibilities that may affect how services are administered at the local level.
Medicaid; telehealth services provided by FQHCs, rural health clinics and community mental health centers reimbursed at same rate as face-to-face encounters.