House Bill 94

Actions | Amendments
Last Action to Appropriations & Revenue (S)
Title AN ACT relating to court-ordered outpatient mental health treatment and making an appropriation therefor.
Bill Documents Bill
Bill Request Number 14
Sponsors T. Burch, L. Belcher, G. Brown Jr, J. Carney, K. Flood, M. Marzian, R. Palumbo, R. Smart
Summary of Original Version Amend KRS 202A.081 to require that an attorney is present for a patient agreed order and allow a peer support specialist to be present; require the court to appoint a case management service or team employed by a community mental health center to develop a comprehensive treatment plan, monitor treatment adherence, and report on the person's functioning; require that the case management service or team be available 24/7 and adequately trained; provide that failure to abide by the order may result in rehospitalization provided that the criteria are met, procedures are initiated via affidavit by the case management service or team, and mental health examinations take place at community mental health centers; permit additional orders with due process; require that patient agreed order services are covered by Medicaid; require that courts report such orders to the Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnoses; and rename this commitment process a patient agreed order; amend KRS 202A.261 to exempt certain hospitals from being required to provide particular services; amend KRS 202A.271 to require certain hospitals to be paid for services performed under portions of this Act at the same rates the hospital negotiates for other services; create new sections of KRS Chapter 202A to create a process for District Courts to order assisted outpatient mental health treatment; provide for transportation processes for the purposes of a mental health examination; establish eligibility and court proceedings; require a mental health examination and the development of a treatment plan; establish the process for hearings; require the court to appoint a case management team or service to monitor and report on the person under order; authorize 72-hour emergency admission for failure to comply with orders; provide for the right to stay, vacate, or modify orders; provide for a process to change a treatment plan; permit an additional period of treatment to be ordered provided certain criteria are met; require that assisted outpatient treatment services are covered by Medicaid; and name these sections of the bill "Tim's Law."
Index Headings of Original Version Courts, District - Assisted outpatient treatment, establish court orders for
Courts, District - Patient agreed orders, treatment options and reporting requirements
Disabilities and the Disabled - Assisted outpatient treatment, establish court orders for
Health and Medical Services - Assisted outpatient treatment, establish court orders for
Judges and Court Commissioners - Assisted outpatient treatment, establish court orders for
Mental Disability - Assisted outpatient treatment, establish court orders for
Mental Health - Assisted outpatient treatment, establish court orders for
Mental Health - Patient agreed orders, expand treatment options and requirements
Peace Officers and Law Enforcement - Assisted outpatient treatment, establish court orders for
Sheriffs - Assisted outpatient treatment, establish court orders for
Attorney, County - Patient agreed orders, require attorneys to be present for agreements
Health and Medical Services - Patient agreed orders, expand treatment options and requirements
Proposed Amendments House Committee Substitute 1
House Committee Substitute 2
House Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
11/30/15
  • Prefiled by the sponsor(s).
01/05/16
  • introduced in House
  • to Judiciary (H)
01/06/16
  • taken from Judiciary (H)
  • reassigned to Health & Welfare (H)
01/13/16
  • posted in committee
  • posting waived
01/14/16
  • reported favorably, 1st reading, to Calendar with Committee Substitute
01/15/16
  • 2nd reading, to Rules
01/20/16
  • taken from Rules
  • recommitted to Appropriations & Revenue (H)
03/04/16
  • posted in committee
03/08/16
  • reported favorably, 2nd reading, to Rules with Committee Substitute (2), committee amendment (1-title)
  • posted for passage in the Consent Orders of the Day for Thursday, March 10, 2016
03/10/16
  • 3rd reading, passed 96-0 with Committee Substitute (2) committee amendment (1-title)
03/11/16
  • received in Senate
03/14/16
  • to Appropriations & Revenue (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Fiscal Note
Summary Retain original provisions; amend KRS 202A.081 and the newly created sections of KRS Chapter 202A to clarify that case management providers must be recognized by the Cabinet for Health and Family Services in order to develop a treatment plan, monitor court order compliance, monitor treatment adherence, and report on the person's functioning.
Index Headings Courts, District - Assisted outpatient treatment, establish court orders for
Courts, District - Patient agreed orders, treatment options and reporting requirements
Disabilities and the Disabled - Assisted outpatient treatment, establish court orders for
Health and Medical Services - Assisted outpatient treatment, establish court orders for
Judges and Court Commissioners - Assisted outpatient treatment, establish court orders for
Mental Disability - Assisted outpatient treatment, establish court orders for
Mental Health - Assisted outpatient treatment, establish court orders for
Mental Health - Patient agreed orders, expand treatment options and requirements
Peace Officers and Law Enforcement - Assisted outpatient treatment, establish court orders for
Sheriffs - Assisted outpatient treatment, establish court orders for
Attorney, County - Patient agreed orders, require attorneys to be present for agreements
Health and Medical Services - Patient agreed orders, expand treatment options and requirements

Amendment House Committee Substitute 2
Summary Retain original provisions; add to the eligibility criteria of Tim's Law that an individual must have been involuntarily hospitalized at least twice in the past year; create a new section of KRS 202A making the implementation of all new sections, known as Tim's Law, contingent on funding.
Index Headings Courts, District - Assisted outpatient treatment, establish court orders for
Courts, District - Patient agreed orders, treatment options and reporting requirements
Disabilities and the Disabled - Assisted outpatient treatment, establish court orders for
Health and Medical Services - Assisted outpatient treatment, establish court orders for
Judges and Court Commissioners - Assisted outpatient treatment, establish court orders for
Mental Disability - Assisted outpatient treatment, establish court orders for
Mental Health - Assisted outpatient treatment, establish court orders for
Mental Health - Patient agreed orders, expand treatment options and requirements
Peace Officers and Law Enforcement - Assisted outpatient treatment, establish court orders for
Sheriffs - Assisted outpatient treatment, establish court orders for
Attorney, County - Patient agreed orders, require attorneys to be present for agreements
Health and Medical Services - Patient agreed orders, expand treatment options and requirements

Amendment House Committee Amendment 1
Sponsor R. Rand
Summary Make title amendment.
Index Headings Courts, District - Assisted outpatient treatment, establish court orders for
Courts, District - Patient agreed orders, treatment options and reporting requirements
Disabilities and the Disabled - Assisted outpatient treatment, establish court orders for
Health and Medical Services - Assisted outpatient treatment, establish court orders for
Judges and Court Commissioners - Assisted outpatient treatment, establish court orders for
Mental Disability - Assisted outpatient treatment, establish court orders for
Mental Health - Assisted outpatient treatment, establish court orders for
Mental Health - Patient agreed orders, expand treatment options and requirements
Peace Officers and Law Enforcement - Assisted outpatient treatment, establish court orders for
Sheriffs - Assisted outpatient treatment, establish court orders for
Attorney, County - Patient agreed orders, require attorneys to be present for agreements
Health and Medical Services - Patient agreed orders, expand treatment options and requirements

Last updated: 1/16/2019 3:08 PM (EST)