HB4557 H HHR AM #1
cr 3338
The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting section and inserting in lieu thereof the following:
“ARTICLE 9. LICENSING OF BEHAVIORAL HEALTH CENTERS.
§27-9-1. License from Secretary of Health and Human Resources; regulations.
No hospital, center or institution, or part of any
hospital, center or institution, behavioral health center shall to
provide inpatient, outpatient or other service designed to contribute to the
care and treatment of the mentally ill or intellectually disabled, or
prevention of such disorders, may be established, maintained or operated
by any political subdivision or by any person, persons, association or
corporation behavioral health services unless a license therefor
is first obtained from the Secretary of the Department of Health and Human
Resources. The application for such license shall be accompanied by a plan
of the premises to be occupied, and such other data and facts as the secretary
may require. The secretary shall propose rules for legislative approval
in accordance with the provisions of §29A-3-1 et seq. make such
terms and regulations in regard to the conduct of any licensed hospital,
center or institution, or part of any licensed hospital, center or institution,
as he or she thinks proper and necessary the operation of the behavioral health center. The secretary, or any
person authorized by the secretary, has authority to investigate and inspect
any licensed hospital, center or institution, or part of any licensed
hospital, center or institution, and behavioral health center. The
secretary may impose a civil money penalty, suspend, or revoke the
license of any hospital, center or institution, or part of any hospital,
center or institution, facility for good cause after reasonable notice, including due process
rights as provided in legislative rule. to the
superintendent or other person in charge of the hospital, center or
institution.
ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
§27-17-3. License; application; regulations; and penalties.
(a) No group residential facility shall be established maintained
or operated unless a license therefor shall be first is obtained
from the director of health Secretary of Health and Human Resources.
except that a group residential facility for behaviorally disabled juveniles
shall be deemed to satisfy all requirements of this section by obtaining a
license from the commissioner of human services secretary. The application for
such the license shall contain such data and facts as the director may require.
The director secretary may promulgate reasonable regulations for the
conduct of such facilities, including, but not limited to, shall propose
rules for legislative approval in accordance with the provisions of §29A-3-1 et
seq., including the operation of the group residential facility; a
statement of the rights of patients in group residential facilities for the
mentally and physically impaired to ensure the adequate care and
supervision of such patients; and shall have the authority to
investigate and inspect any such a facility, and may impose a
civil money penalty, suspend or revoke the license of any such facility
for good cause after notice, and hearing and other due process rights
as provided by legislative rule.
(b) A group residential home is not required to obtain a license from the director of health secretary.”
Adopted
Rejected