THE SENATE                           S.C.R. NO.            196
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE DEPARTMENT OF HEALTH, TO REPORT ON THE
    TRANSITION OF THE HAWAII STATE HOSPITAL TO A SECURED
    PSYCHOSOCIAL REHABILITATION FACILITY. 


 1        WHEREAS, the Department of Health (DOH) attempted to close
 2   the Hawaii State Hospital in 1999; and
 3   
 4        WHEREAS, the DOH changed its plans to close the facility
 5   due to opposition from the community, mental health advocacy
 6   groups and legislators; and
 7   
 8        WHEREAS, a 1989 investigation into conditions at the
 9   hospital led to a federal lawsuit; and
10   
11        WHEREAS, the lawsuit charged that patients received
12   inadequate care, were restrained too frequently, were served by
13   an insufficient number of staff and were exposed to fire risks;
14   and
15   
16        WHEREAS, a settlement agreement was reached between the
17   U.S. Department of Justice and the DOH in 1991 to supposedly
18   resolve these problems; and
19   
20        WHEREAS, despite some improvements, the U.S. Department of
21   Justice in 1999 found the hospital to be non-compliant with
22   court orders covering several areas, including inadequate
23   treatment planning, psychosocial rehabilitation, discharge
24   planning, community placements, and minimum nurse staffing
25   requirements; and
26   
27        WHEREAS, one of the experts used by the U.S. Department of
28   Justice to monitor Court Orders in this case concluded that it
29   appeared the hospital was discharging patients for
30   administrative reasons, overriding clinical judgment and
31   harming patients; and
32   
33        WHEREAS, another expert for the U.S. Department of Justice
34   reported that staff members continue to fear retaliation if
35   they speak candidly about problems at the hospital; and

 
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 1   
 2        WHEREAS,the DOH has not conducted a statewide needs
 3   assessment to determine how many beds and of what type, the
 4   State needs to adequately serve the current population that
 5   meet the eligibility requirements of the Adult Mental Health
 6   Division of the DOH; now, therefore,
 7   
 8        BE IT RESOLVED by the Senate of the Twentieth Legislature
 9   of the State of Hawaii, Regular Session of 2000, the House of
10   Representatives concurring, that the DOH is requested to
11   produce an annual report to the Legislature no later than
12   twenty days prior to the convening of the Regular Sessions of
13   2001, 2002 and 2003, and evaluate, at a minimum, the
14   effectiveness of the strategies in providing successful
15   treatment and outreach by preventing hospitalization,
16   homelessness, involvement with local law enforcement and other
17   measures identified by the DOH; and
18   
19        BE IT FURTHER RESOLVED that each annual report shall also
20   include information on the number of persons served, and of
21   those, the number who are able to maintain housing and the
22   number who receive extensive community mental health services;
23   and
24   
25        BE IT FURTHER RESOLVED, that the DOH in each annual report
26   shall notify the Legislature of contracts awarded to private
27   providers; and
28   
29        BE IT FURTHER RESOLVED, that certified copies of this
30   Concurrent Resolution be transmitted to the Governor, the
31   President of the Senate, the Speaker of the House, and the
32   Director of Health.
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36                         OFFERED BY:  ____________________________