January 27, 2021, Introduced by Rep. Whiteford and referred to the Committee on Judiciary.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

(MCL 791.201 to 791.285) by adding section 34e.

the people of the state of michigan enact:

Sec. 34e. (1) Subject to this section, the department shall create a prerelease mental health discharge plan for each prisoner who is receiving mental health services or mental health prescription medication before he or she is released on parole. The department may seek consultative assistance from the department of health and human services, or the department of health and human services' designated federally certified community behavioral health center or contract agency, in creating a prerelease mental health discharge plan under this subsection.

(2) If a prisoner refuses discharge planning under subsection (1), the department must note that discharge planning was declined by the prisoner in the record the department maintains for the prisoner.

(3) A prerelease mental health discharge plan developed under subsection (1) must include all of the following regarding the prisoner:

(a) Authorization to release treatment services information to the mental health discharge plan team before discharge, signed by the prisoner and any guardian of the prisoner.

(b) A mental health assessment that includes the use of the following items:

(i) Patient Health Questionnaire-9.

(ii) Generalized Anxiety Disorder 7-Item Scale.

(iii) Patient Health Questionnaire-2.

(iv) Opioid Risk Tool.

(v) Current diagnosis, prognosis, and medication, as indicated on the clinical record of the prisoner.

(c) Identification of risk factors related to job training, work skills, history of violence, transportation, housing, and family stress.

(d) An appointment scheduled after release with a mental health professional who is capable of providing postrelease mental health prescription medication and other mental health services.

(e) If the prisoner is receiving mental health prescription medication at the time of discharge planning, steps that will provide the prisoner access to the mental health prescription medication between his or her release and the appointment described under subdivision (d).

(f) An assessment of whether the prisoner is eligible upon release for enrollment in Medicaid or Medicare under state or federal regulations governing eligibility and enrollment. If the prisoner is eligible, he or she must be provided with information on enrollment.

(g) Goals and activities that address the needs and barriers identified under subdivisions (b) to (f).

(h) A list of care team members that will support the prisoner as he or she transitions out of prison, including community health or social program providers.

(i) Input from the prisoner and a communication plan for the duration of parole.

(4) The department of health and human services shall take reasonable steps to assist the department if the department requests assistance with prerelease mental health discharge planning under this section. Upon request from the department, community-based mental health services must be provided by the department of health and human services throughout the period of parole.

(5) The department may use a care management software program to design the prerelease mental health discharge plan required under this section if the program meets all of the following requirements:

(a) Is built as a software as a service (SaaS) and hosted on a cloud that complies with the health insurance portability and accountability act of 1996, Public Law 104-191.

(b) Uses natural language processing services to parse the case notes regarding a prisoner and to provide insights into new assessments, barriers, and risks that the care manager and care team should address and re-evaluate using the assessment tools described under subsection (3)(b).

(c) Contains the assessment tools identified under subsection (3)(b) and a method to assess the factors under subsection (3)(c).

(d) Provides the associated application programming interfaces (APIs) to send demographic data to and receive eligibility status from this state's integrated eligibility system.

(e) Uses 2-factor authentication for the authentication of all care team members.

(f) Is completely managed through configuration.

(g) Delivers a holistic summary of the goals and activities identified under subsection (3)(g) and the touchpoints between care team members and the prisoner.

(6) Subject to federal and state confidentiality laws, the department of health and human services shall allow the sharing of information described in this section between the department and the state-designated entity for health information exchange in order to close gaps in the coordination of mental health services for individuals after release from prison.

(7) The state-designated entity for health information exchange under subsection (6) must be a covered entity or business associate under the health insurance portability and accountability act of 1996, Public Law 104-191.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.