Hawaii Governor Lingle Signs Bills To Improve Mental Health Care

May 23, 2008 -- HONOLULU – Hawaii Governor Linda Lingle today signed into law three bills to improve the treatment and increase recovery of people with mental illness in Hawai‘i. The measures build on the Lingle-Aiona Administration’s ongoing efforts to work with mental health professionals, community organizations, the Legislature and other partners to improve access to mental health care across the state. The signing of the bills coincides with events scheduled throughout May as part of Mental Health Awareness Month.

“Hawai‘i has made significant progress over the past few years in improving mental health care, advancing from last in the nation to eleventh highest,” said Governor Lingle. “These new laws strengthen the foundation we have established with our partners to transform mental health services while enhancing access to treatment for those with mental illness.”

SB1802 HD1 CD1 (Act 98) provides an exception to the confidentiality of mental health records, while preserving the individual’s privacy. It allows disclosure of a person’s treatment summary from a previous five-year period, from one health care provider to another, to better ensure the patient’s continued care and treatment. The measure takes effect immediately.

Under current state law, patient records must be kept sealed and cannot be disclosed unless the patient or his or her legal guardian consents, it is deemed necessary by the director of health or administrator of a private psychiatric facility, a court directs that disclosure is necessary for legal proceedings, or the disclosure is necessary to obtain reimbursement for insurance purposes.

SB3069 SD2 HD1 CD1 (Act 99) requires county police departments to provide the Department of Health with copies of pertinent police records on adults and juveniles who are ordered by the courts into the Hawai‘i State Hospital so that proper assessments and treatment can be given to the individual. In 2007, the courts committed 217 individuals to the State Hospital.

Under Hawai‘i’s patient confidentiality laws, a court-appointed mental health examiner’s report as well as the individual’s police record are not shared with the Hawai‘i State Hospital when a defendant is committed by the court. As a result, the hospital staff must restart the process of examining a newly admitted patient, determining a diagnosis and conducting a risk assessment in order to develop a custody and recovery plan and to prescribe medications.

Act 99 will allow the Hawai‘i State Hospital to receive critical background information in a timely and consistent manner to better ensure effective clinical decisions, make more informed risk assessment decisions, and better determine appropriate levels of community care needed after discharge. It allows the sharing of records, provided it does not interfere with the functions of the police.

This new law, which was part of the Administration’s legislative package, takes effect immediately.

SB2396 SD1 HD3 CD1 (Act 100) makes procedural, statutory, and policy changes to minimize the number of patients at the Hawai‘i State Hospital. Recently, the hospital census reflects an average of 200 patients, while the optimum level is 168. The majority of the patients are sent to the hospital by the courts, and their discharge is handled by the courts.

Among the various components of this new law, Act 100 authorizes the director of health or the committed person to petition the court for discharge or conditional release, and the court must act on the request within 60 days. It also reduces the mandated length of time a person must stay in the hospital from 90 to 60 days after having his or her conditional release revoked.

The measure also allows the director of health to petition to discharge people from conditional release. Because currently there is no mechanism to get a person out of conditional release status, an individual can remain in a conditional release program for years, which hinders their recovery and independence. There are about 400 individuals on conditional release in Hawai‘i.

Act 100 also makes injuring a person employed at a state-operated or state-contracted mental health facility a class C felony.

Act 100 is the most comprehensive mental health legislation passed this year. This law is based on recommendations from a task force on mental health that was convened in 2006, and incorporates additional proposals introduced by the Administration. Act 100 takes effect on July 1, 2008.

Source: Hawaii Governor

Bookmark/Search this post with:

 •    •    •    •    •    •    •    •    •    •    •    •