Civil commitments & temporary detention orders; def. of mental illness neurocognitive disorders. (HB888)

Introduced By

Del. Vivian Watts (D-Annandale)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Civil commitments and temporary detention orders; definition of mental illness; neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report. Specifies that for the purpose of civil commitments and temporary detention orders, behaviors and symptoms that manifest from a neurocognitive disorder or neurodevelopmental disability are excluded from the definition of mental illness and are, therefore, not a basis for placing an individual under a temporary detention order or committing an individual involuntarily to an inpatient psychiatric hospital. The bill provides that if a state facility has reason to believe that an individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability, the state facility may require that a licensed psychiatrist or other licensed mental health professional reevaluate the individual's eligibility for a temporary detention order before the individual is admitted and shall promptly authorize the release of an individual held under a temporary detention order if the licensed psychiatrist or other licensed mental health professional determines the individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability. The foregoing provisions of the bill do not become effective unless reenacted by the 2025 Session of the General Assembly. The bill also directs the Secretary of Health and Human Resources to convene a work group to evaluate, identify, and develop placements for individuals with neurocognitive disorders and neurodevelopmental disabilities, as well as any statutory or funding changes needed to prevent inappropriate placements for such individuals, and to report his findings and recommendations by November 1, 2024. As introduced, this bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission. This bill is identical to SB 176. Read the Bill »

Notes

This fiscal impact statement estimates the potential costs and cost avoidance resulting from the legislation outlined in House Bill 888. The legislation aims to specify that behaviors and symptoms manifesting from neurocognitive disorders or neurodevelopmental disabilities, including autism, are excluded from the definition of mental illness for the purpose of civil commitments and temporary detention orders. The estimated fiscal impacts are as follows: 1. Training costs: Additional training of prescreeners would be required to meet the requirements for identifying neurocognitive presentations. The Department of Behavioral Health and Developmental Services (DBHDS) estimates one-time costs of approximately $1.0 million from the general fund for updating pre-screener modules. 2. Secondary evaluations: If a state facility believes that an individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability, they may require a licensed mental health professional to reevaluate the individual's eligibility for a temporary detention order. DBHDS estimates that this would cost approximately $62,769 from the general fund annually. 3. Potential cost avoidance of reduced temporary detention order admissions: The legislation may result in a reduction in the number of individuals admitted to state facilities under a temporary detention order. The exact cost avoidance is unknown as data on the number of individuals admitted solely for neurocognitive disorders is not available. 4. Additional need for REACH crisis services: If individuals who are evaluated for a temporary detention order are determined to have behaviors solely resulting from a neurodevelopmental disability, they may be diverted to REACH services for crisis care and coordination. The impact on the availability of REACH services and the potential need for additional funding is unknown at this time. 5. Evaluation of available services: The legislation requires the Secretary of Health and Human Resources to evaluate the availability of placements and services for individuals impacted by the legislation and provide a report to the General Assembly. The cost of increasing the availability of placements and services is indeterminate until the evaluation is complete. It should be noted that the possible cost of this legislation on the court system is currently unknown.

Summary generated automatically by OpenAI.

Outcome

Bill Has Passed

History

DateAction
01/09/2024Committee
01/09/2024Prefiled and ordered printed; offered 01/10/24 24103978D
01/09/2024Referred to Committee on Rules
01/26/2024House committee, floor amendments and substitutes offered
01/26/2024Reported from Rules with substitute (17-Y 0-N) (see vote tally)
01/26/2024Committee substitute printed 24106312D-H1
01/26/2024Referred to Committee on Health and Human Services
01/31/2024Impact statement from DPB (HB888H1)
02/01/2024Reported from Health and Human Services with substitute (22-Y 0-N) (see vote tally)
02/01/2024Reported from Health and Human Services (22-Y 0-N) (see vote tally)
02/05/2024Read first time
02/06/2024Passed by for the day
02/07/2024Read second time
02/07/2024Committee substitute agreed to 24106312D-H1
02/07/2024Engrossed by House - committee substitute HB888H1
02/08/2024Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/08/2024VOTE: Block Vote Passage (98-Y 0-N) (see vote tally)
02/09/2024Constitutional reading dispensed
02/09/2024Referred to Committee on Rules
02/23/2024Reported from Rules (15-Y 0-N) (see vote tally)
02/26/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/27/2024Read third time
02/27/2024Passed Senate (39-Y 0-N) (see vote tally)
03/04/2024Enrolled
03/04/2024Bill text as passed House and Senate (HB888ER)
03/04/2024Impact statement from DPB (HB888ER)
03/04/2024Signed by Speaker
03/07/2024Signed by President
03/11/2024Enrolled Bill communicated to Governor on March 11, 2024
03/11/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/08/2024G Approved by Governor-Chapter 696 (effective - see bill)

Duplicate Bills

The following bills are identical to this one: SB176.

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