Is Michigan Moving Mental Health and Homeless?

Just in case anyone was interested, Michigan is attempting to change the mental health code.

From what I have gathered the state is streamlining the mental health petition process for the courts to have smaller roles.

It is also expanding the authority of mental health service providers to accept alternative forms of previous psychiatric evaluations

In a nutshell, the move is away from contained environments (institutionalization, hospitals) to more out-patient treatment which seems questionably selecting the homeless population.

Whatever it is, it is a Bill to watch because it is Medicaid funded.

The Michigan Bar Association Elder Law & Disability Rights Section opposes the Bill.

(E) ORDER THE INDIVIDUAL TO RECEIVE ASSISTED OUTPATIENT

TREATMENT THROUGH A COMMUNITY MENTAL HEALTH SERVICES PROGRAM OR

OTHER ENTITY CAPABLE OF PROVIDING THE NECESSARY TREATMENT AND

SERVICES TO ASSIST THE INDIVIDUAL TO LIVE AND FUNCTION IN THE

COMMUNITY AS SPECIFIED IN THE ORDER. THE COURT MAY INCLUDE CASE

MANAGEMENT SERVICES AND 1 OR MORE OF THE FOLLOWING:

     (i) MEDICATION.

     (ii) BLOOD OR URINALYSIS TESTS TO DETERMINE COMPLIANCE WITH OR

EFFECTIVENESS OF PRESCRIBED MEDICATION.

     (iii) INDIVIDUAL OR GROUP THERAPY, OR BOTH.

     (iv) DAY OR PARTIAL DAY PROGRAMS.

     (v) EDUCATIONAL OR VOCATIONAL TRAINING.

     (vi) SUPERVISED LIVING.

     (vii) ASSISTED COMMUNITY TREATMENT TEAM SERVICES.

     (viii) SUBSTANCE USE DISORDER TREATMENT.

     (ix) SUBSTANCE USE DISORDER TESTING FOR INDIVIDUALS WITH A

HISTORY OF ALCOHOL OR SUBSTANCE USE AND FOR WHOM THAT TESTING IS

NECESSARY TO ASSIST THE COURT IN ORDERING TREATMENT DESIGNED TO

PREVENT DETERIORATION. A COURT ORDER FOR SUBSTANCE USE TESTING IS

SUBJECT TO REVIEW ONCE EVERY 180 DAYS.

     (x) ANY OTHER SERVICES PRESCRIBED TO TREAT THE INDIVIDUAL'S

MENTAL ILLNESS AND EITHER TO ASSIST THE INDIVIDUAL IN LIVING AND

FUNCTIONING IN THE COMMUNITY OR TO HELP PREVENT A RELAPSE OR

DETERIORATION THAT MAY REASONABLY BE PREDICTED TO RESULT IN SUICIDE

OR THE NEED FOR HOSPITALIZATION.

     (3) IN DEVELOPING AN ASSISTED OUTPATIENT TREATMENT ORDER, THE

COURT SHALL CONSIDER ANY PREFERENCE OR MEDICATION EXPERIENCE

REPORTED BY THE INDIVIDUAL OR HIS OR HER DESIGNATED REPRESENTATIVE,

WHETHER OR NOT THE INDIVIDUAL HAS AN EXISTING INDIVIDUAL PLAN OF

SERVICES UNDER SECTION 712, AND ANY DIRECTION INCLUDED IN A DURABLE

POWER OF ATTORNEY OR ADVANCE DIRECTIVE THAT EXISTS.

     (4) BEFORE AN ORDER OF ASSISTED OUTPATIENT TREATMENT EXPIRES,

IF THE INDIVIDUAL HAS NOT PREVIOUSLY DESIGNATED A PATIENT ADVOCATE

OR EXECUTED AN ADVANCE DIRECTIVE, THE RESPONSIBLE COMMUNITY MENTAL

HEALTH SERVICES PROGRAM OR OTHER ENTITY SHALL ASCERTAIN WHETHER THE

INDIVIDUAL DESIRES TO ESTABLISH AN ADVANCE DIRECTIVE. IF SO, THE

COMMUNITY MENTAL HEALTH SERVICES PROGRAM OR OTHER ENTITY SHALL

DIRECT THE INDIVIDUAL TO THE APPROPRIATE COMMUNITY RESOURCE FOR

ASSISTANCE IN DEVELOPING AN ADVANCE DIRECTIVE.

     (5) IF AN ORDER FOR ASSISTED OUTPATIENT TREATMENT CONFLICTS

WITH THE PROVISIONS OF AN EXISTING ADVANCE DIRECTIVE, DURABLE POWER

OF ATTORNEY, OR INDIVIDUAL PLAN OF SERVICES DEVELOPED UNDER SECTION

712, THE ASSISTED OUTPATIENT TREATMENT ORDER SHALL BE REVIEWED FOR

POSSIBLE ADJUSTMENT BY A PSYCHIATRIST NOT PREVIOUSLY INVOLVED WITH

DEVELOPING THE ASSISTED OUTPATIENT TREATMENT ORDER. IF AN ORDER FOR

ASSISTED OUTPATIENT TREATMENT CONFLICTS WITH THE PROVISIONS OF AN

EXISTING ADVANCE DIRECTIVE, DURABLE POWER OF ATTORNEY, OR

INDIVIDUAL PLAN OF SERVICES DEVELOPED UNDER SECTION 712, THE COURT

SHALL STATE THE COURT'S FINDINGS ON THE RECORD OR IN WRITING IF THE

COURT TAKES THE MATTER UNDER ADVISEMENT, INCLUDING THE REASON FOR

CONFLICT.

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