STAND. COM. REP. NO. 1953

Honolulu, Hawaii

RE: H.B. No. 1013

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1013, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INVOLUNTARY HOSPITALIZATION,"

begs leave to report as follows:

The purpose and intent of this measure is to establish an involuntary hospitalization task force to examine existing law and make recommendations to the Legislature to reduce unnecessary emergency department admissions and improve access for involuntary hospitalized (MH-1) patients to the most appropriate level of care.

Your Committee received testimony in support of this measure from the Department of Health, Hawaii Substance Abuse Coalition, Hawai‘i Pacific Health, Healthcare Association of Hawaii, The Queen's Health Systems, and O‘ahu County Democrats Legislative Priorities Committee. Your Committee received comments on this measure from Kaiser Permanente Hawai‘i.

Your Committee finds that the overlapping issues of mental illness, substance abuse, and homelessness present complex problems for the State. Your Committee further finds that incremental improvements to the framework of mental health treatment may provide some relief by addressing ambiguities and inconsistencies in existing law. This measure establishes a task force to examine existing laws and practices and make recommendations to the Legislature to reduce unnecessary emergency department admissions and improve standardized access for MH-1 patients.

Your Committee has amended this measure by:

(1) Adding one representative from the Behavioral Health Programs of the University of Hawaii system to the task force;

(2) Subjecting the task force to the requirements of chapter 92, Hawaii Revised Statutes, including the permitted interactions provisions;

(3) Integrating the task force with the coordinated policy framework utilized by the Hawaii Opioid Initiative, including the expanded use of the policy by the Department of Health in the implementation of statewide mental health systems of care;

(4) Authorizing the Department of Health to continue the work of the task force after the dissolution of the task force if the Department deems necessary;

(5) Clarifying that the chief executive officers of designated facilities, a patient or mental health advocate, a representative from a social service agency, and a representative from a mental health emergency worker provider agency shall be invited as additional participants of the task force instead of as members; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1013, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1013, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair