SB 138: Modify alcohol, drug addiction, and mental health services laws

Section 1.

That sections $340.011, 340.03, 340.032, 340.036, 340.041, 340.05, 340.08, $5119.22, 5119.221, 5119.25$, and 5119.99 be amended and section 340.038 of the Revised Code be enacted to read as follows:

Sec. 340.011.

(A) This chapter shall be interpreted to accomplish all of the following:

1. Establish a unified system of treatment and supports for persons with mental illnesses and persons with addictions;
2. Establish a community prevention, treatment, and support system that is available for use in every alcohol, drug addiction, and mental health service district;
3. Protect the personal liberty of persons with mental illnesses and persons with addictions so that they may be treated in the least restrictive environment;
4. Encourage the development of high-quality, cost-effective, and comprehensive services, including culturally sensitive services;
5. Foster the development of comprehensive community addiction and mental health services and supports, based on recognized local needs, especially for persons with severe addictions and severe mental disabilities;
6. Ensure that services provided meet minimum standards established by the director of mental health and addiction services;
7. Promote the delivery of high-quality and cost-effective addiction and mental health services;
8. Promote the participation of persons receiving mental health services and addiction services in the planning, delivery, and evaluation of these services.

(B) Nothing in Chapter 340., 5119., or 5122. of the Revised Code shall be construed as requiring a board of county commissioners to provide resources beyond the total amount set forth in a budget and list of addiction services, mental health services, and recovery supports required by section 340.08 of the Revised Code and approved by the department of mental health and addiction services under section 5119.22 of the Revised Code.

Sec. 340.03.

(A) Subject to rules issued by the director of mental health and addiction services after consultation with relevant constituencies as required by division (A)(10) of section 5119.21 of the Revised Code, each board of alcohol, drug addiction, and mental health services shall:

1. Serve as the community addiction and mental health planning agency for the county or counties under its jurisdiction, and in so doing it shall:
   1. Evaluate the need for facility services, addiction services, mental health services, and recovery supports;
   2. In cooperation with other local and regional planning and funding bodies and with relevant ethnic organizations, evaluate strengths and challenges and set priorities for addiction services, mental health services, and recovery supports. A-With respect to setting priorities, all of the following apply:
      1. A board shall include treatment and prevention services when setting priorities for addiction services and mental health services. When-
      2. When a board sets priorities for addiction services, the board shall consult with the county commissioners of the counties in the board's service district regarding the services described in section 340.15 of the Revised Code and shall give priority to those services, except that those services shall not have a priority over services provided to pregnant women under programs developed in relation to the mandate established in section 5119.17 of the Revised Code.
      3. As part of setting priorities through its community addiction and mental health plan, a board may consider any local mechanisms that have been established for determining eligibility for services and supports.
   3. In accordance with guidelines issued by the director of mental health and addiction services under division (F)(G) of section 5119.22 of the Revised Code, annually develop and submit to the department of mental health and addiction services a community addiction and mental health plan that addresses both of the following:
      1. The needs of all residents of the service district currently receiving inpatient services in state-operated hospitals, the needs of other populations as required by state or federal law or programs, and the needs of all children subject to a determination made pursuant to section 121.38 of the Revised Code;
      2. The department's priorities for facility services, addiction services, mental health services, and recovery supports during the period for which the plan will be in effect. The department shall inform all of the boards of the department's priorities in a timely manner that enables the boards to know the department's priorities before the boards develop and submit the plans.

Section 2.

That existing sections $340.011, 340.03, 340.032, 340.036, 340.041, 340.05, 340.08, 5119.22, 5119.221, 5119.25$, and 5119.99 of the Revised Code are hereby repealed.

Section 3.

The amendment by this act of section 340.036 of the Revised Code takes effect six months after the effective date of this section and applies to contracts entered into or modified on or after the date the amendment takes effect.

Section 4.

If a board of alcohol, drug addiction, and mental health services holds a credit card account on the effective date of this section, but has not adopted a written policy that complies with the requirements of section 9.21 of the Revised Code regarding the use of credit card accounts, the board shall adopt such a written policy not later than three months after the effective date of this section.