Chapter 066
Chapter: CH066
Source: HCS CSSSSB 65(FIN)
Action Date: June 19, 1991
Effective Date: (See Chapter)
91
AN ACT
Establishing the Alaska Mental Health Trust Authority and defining its powers and duties; relating to the trust established by the Alaska Mental Health Enabling Act of 1956 and to an integrated comprehensive mental health program; abolishing the Interim Mental Health Trust Commission; relating to the Older Alaskans Commission and the Governor's Council for the Handicapped and Gifted, and services provided under the Uniform Alcoholism and Intoxication Treatment Act; amending the duties of the Alaska Permanent Fund Corporation and the membership and duties of the Advisory Board on Alcoholism and Drug Abuse and the Alaska Mental Health Board; amending the jurisdiction of courts; exempting trust property from municipal taxation; and providing for an effective date.
_______________
* Section 1. PURPOSE. (a) It is the purpose of this Act to implement the state's obligation as the trustee of the trust established by the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709, by providing an integrated comprehensive mental health program and by resolving the serious and significant legal questions attending the status of that trust
(1) in accordance with
State v. Weiss, 706 P.2d 681 (Alaska 1985);
(2) in a manner that
(A)
provides fair compensation to the trust as agreed upon by the parties to the
litigation, subject to approval by the court as fair and equitable to the
beneficiaries of the trust;
(B)
provides adequate assurances that the trust will be administered properly and
in a way that determines and meets the necessary expenses of a comprehensive
service program for the beneficiaries of the trust;
(C)
assures appropriate expenditures from the trust;
(D)
establishes an independent trust authority; and
(E) is
enforceable.
(b) It is the further purpose of this Act that the trust
serve, at a minimum, the mentally ill, the mentally defective and retarded,
chronic alcoholics suffering from psychoses, and senile people who as a result
of their senility suffer major mental illness.
* Sec. 2. AS 09.25.050(a) is amended to read:
(a) The uninterrupted
adverse notorious possession of real property under color and claim of title
for seven years or more is conclusively presumed to give title to the property
except as against the state or the United States. For the purpose of this
section, land that is in the trust established by the Alaska Mental Health
Enabling Act of 1956, P.L. 84-830, 70 Stat. 709, is land owned by the state.
* Sec. 3. AS 29.45.030(a) is amended to read:
(a) The following property
is exempt from general taxation:
(1)
municipal, state, or federally owned property, or land that is in the
trust established by the Alaska Mental Health Enabling Act of 1956, P.L.
84-830, 70 Stat. 709, except that a private leasehold, contract, or
other interest in the property is taxable to the extent of the interest;
(2)
household furniture and personal effects of members of a household;
(3)
property used exclusively for nonprofit religious, charitable, cemetery,
hospital, or educational purposes;
(4)
property of a nonbusiness organization composed entirely of persons with 90
days or more of active service in the armed forces of the United States whose
conditions of service and separation were other than dishonorable, or the
property of an auxiliary of that organization;
(5) money
on deposit;
(6) the
real property of certain residents of the state to the extent and subject to
the conditions provided in (e) of this section;
(7) real
property or an interest in real property that is exempt from taxation under 43
U.S.C. 1620(d), as amended.
* Sec. 4. AS 36.30.850(b) is amended to read:
(b) This chapter applies to
every expenditure of state money by the state, acting through an agency, under
a contract, except that this chapter does not apply to
(1)
grants;
(2)
contracts for professional witnesses to provide for professional services or
testimony relating to existing or probable lawsuits in which the state is or
may become a party;
(3)
contracts of the University of Alaska where the work is to be performed
substantially by students enrolled in the university;
(4)
contracts for medical doctors and dentists;
(5)
acquisitions or disposals of real property or interest in real property, except
as provided in AS 36.30.080;
(6)
disposals under AS 38.05;
(7)
contracts for the preparation of ballots under AS 15.15.030;
(8)
acquisitions or disposals of property and other contracts relating to airports
under AS 02.15.070, 02.15.090, and 02.15.091;
(9)
disposals of obsolete property under AS 19.05.060;
(10)
disposals of obsolete material or equipment under AS 35.20.060;
(11)
agreements with providers of services under AS 44.47.250; AS 47.07; AS 47.08;
AS 47.10; AS 47.17; AS 47.24; AS 47.25.195, and 47.25.310;
(12)
contracts of the Department of Fish and Game for flights that involve
specialized flying and piloting skills and are not point-to-point;
(13)
purchases of income-producing assets for the state treasury or a public
corporation of the state;
(14)
operation of the state boarding school established under AS 14.16, if the State
Board of Education or the commissioner of education adopts regulations for use
by the state boarding school in procurement and contracting;
(15) a
contract that is a delegation, in whole or in part, of investment powers held
by the commissioner of revenue under AS 14.25.180, AS 14.40.400, AS 14.42.200,
14.42.210, AS 18.56.095, AS 22.25.048, AS 26.05.228, AS 37.10.070, 37.10.071,
AS 37.14, or AS 39.35.080;
(16) a
contract that is a delegation, in whole or in part, of investment powers of
(A) the Board of Trustees of the Alaska Permanent Fund
Corporation under AS 37.13;
(B) the Alaska Mental Health Trust Authority under AS 37.14.001 -
37.14.099;
(17) the
purchase of books, book binding services, newspapers, periodicals, audio-visual
materials, network information services access, approval plans, professional
memberships, archival materials, objects of art, and items for museum or
archival acquisition having cultural, historical, or archaeological
significance; in this paragraph
(A) "approval plans" means book selection services in which
current book titles meeting an agency's customized specifications are provided
to the agency subject to the right of the agency to return those books that do
not meet with the agency's approval;
(B) "archival materials" means the noncurrent records of an
agency that are preserved after appraisal because of their value;
(C) "audio-visual materials" means nonbook prerecorded
materials, including records, tapes, slides, transparencies, films, filmstrips,
cassettes, videos, compact discs, laser discs, and items that require the use
of equipment to render them usable;
(D) "network information services" means a group of
resources from which cataloging information, holdings records, inter-library
loans, acquisitions information, and other reference resources can be obtained;
(18)
contracts for the purchase of standardized examinations for licensure under AS
08;
(19)
contracts for home health care and adult residential and foster care services
provided under regulations adopted by the Department of Health and Social
Services;
(20)
contracts for supplies or services for research projects funded by money
received from the federal government or private grants; or
(21)
guest speakers or performers for an educational or cultural activity.
* Sec. 5. AS 37.05.146 is amended to read:
Sec. 37.05.146. DEFINITION
OF PROGRAM RECEIPTS. In AS 37.05.142 - 37.05.146 and AS 37.07.080,
"program receipts" means fees, charges, income earned on assets, and
other state money received by a state agency in connection with the performance
of its functions; all program receipts except the following are general fund
program receipts:
(1)
federal receipts;
(2)
University of Alaska receipts (AS 14.40.491);
(3)
individual, foundation, or corporation gifts, grants, or bequests that by their
terms are restricted to a specific purpose;
(4)
receipts of the following funds:
(A) highway working capital fund (AS 44.68.210);
(B) correctional industries fund (AS 33.32.020);
(C) loan funds;
(D) international airport revenue fund (AS 37.15.430);
(E) funds managed by the Alaska State Housing Authority (AS
18.55.020), the Alaska Housing Finance Corporation (AS 18.56.020), the Medical
Indemnity Corporation of Alaska (AS 21.88.020), the Alaska Railroad Corporation
(AS 42.40.010), the Municipal Bond Bank Authority (AS 44.85.020), or the Alaska
Industrial Development and Export Authority (AS 44.88.020);
(F) fish and game fund (AS 16.05.100);
(G) school fund (AS 43.50.140);
(H) training and building fund (AS 23.20.130);
(I) retirement funds (AS 14.25, AS 22.25, AS 26.05.222, AS 39.35, and
former AS 39.37);
(J) permanent fund (art. IX, sec. 15, Alaska Constitution);
(K) public school trust fund (AS 37.14.110);
(L) second injury fund (AS 23.30.040);
(M) fishermen's fund (AS 23.35.060);
(N) FICA administration fund (AS 39.30.050);
(O) mental health trust fund (AS 37.14.031).
* Sec. 6. AS 37.05.540(b) is amended to read:
(b) Except for
appropriations to the permanent fund or for Alaska permanent fund dividends,
appropriations to the budget reserve fund, appropriations of revenue bond
proceeds, appropriations required to pay the principal and interest on general
obligation bonds, [AND] appropriations of money received from a nonstate source
in trust for a specific purpose, including revenue of a public enterprise or
public corporation of the state that issues revenue bonds, appropriations
from the mental health trust income account (AS 37.14.036), and appropriations
made to the mental health trust fund (AS 37.14.031), appropriations
from the treasury made in a fiscal year may not exceed appropriations made in
the preceding fiscal year by more than five percent plus the change in
population and inflation since the beginning of the preceding fiscal year. For
purposes of applying this limit an appropriation is considered to be made in
the fiscal year in which it is enacted and a reappropriation remains attributed
to the fiscal year in which the original appropriation is enacted. The
determination of the change in population for purposes of this subsection shall
be based on an annual estimate of population by the Department of Labor. The
determination of the change in inflation for purposes of this subsection shall
be based on the Consumer Price Index for all urban consumers for Anchorage
prepared by the United States Bureau of Labor Statistics. The amount of money
received by the state that is subject to the appropriation limit includes the
balance in the general fund carried forward from the preceding fiscal year.
* Sec. 7. AS 37.13.030 is amended to read:
Sec. 37.13.030. PURPOSE. It
is the purpose of AS 37.13.010 - 37.13.210 [THIS CHAPTER] to
provide a mechanism for the management and investment of those permanent fund
assets allocated to the Alaska Permanent Fund Corporation in a manner
consistent with the findings in AS 37.13.020.
* Sec. 8. AS 37.13.040 is amended to read:
Sec. 37.13.040. ALASKA
PERMANENT FUND CORPORATION. There is established the Alaska Permanent Fund
Corporation. The corporation is a public corporation and government
instrumentality in the Department of Revenue managed by the board of trustees.
The purpose of the board is to manage and invest the assets of the corporation
in accordance with AS 37.13.010 - 37.13.210 [THIS CHAPTER].
* Sec. 9. AS 37.13. is amended by adding a new section to read:
Sec. 37.13.300. CORPORATION
TO MANAGE CERTAIN ASSETS OF THE MENTAL HEALTH TRUST. (a) Subject to agreement
with the Alaska Mental Health Trust Authority (AS 47.30.011) entered into under
AS 37.14.009(a)(5), the corporation shall manage the cash assets of the corpus
of the trust established under the Alaska Mental Health Enabling Act of 1956,
P.L. 84-830, 70 Stat. 709.
(b) The corporation shall
(1) hold
and invest the cash assets of the corpus of the trust that are transferred to
its custody subject to AS 37.13.120;
(2) at
least quarterly, prepare, publish, and distribute to the Board of Trustees of
the Alaska Mental Health Trust Authority a financial report showing investment
revenue and expenditures, including the allocation of the cash assets of the
trust among investments;
(3)
annually prepare, publish, and distribute to the Board of Trustees of the
Alaska Mental Health Trust Authority financial statements prepared in
accordance with generally accepted accounting principles consistently applied,
and an audit report prepared by a certified public accountant; and
(4)
periodically advise the Board of Trustees of the Alaska Mental Health Trust
Authority when revisions to long-range investment policy, including asset
allocation changes, are contemplated, and provide an opportunity for
consultation and comment on the changes before they are implemented.
(c) Net income from the
cash assets of the corpus of the trust managed under this section may not be
included in the computation of net income available for distribution under AS
37.13.140.
* Sec. 10. AS 37.14 is amended by adding new sections to read:
Sec. 37.14.001. MENTAL
HEALTH TRUST. In carrying out its trust obligations under the Mental Health
Enabling Act of 1956, the state acts through the governor, the legislature, and
the Alaska Mental Health Trust Authority (AS 47.30.011).
Sec. 37.14.003.
RESPONSIBILITIES OF THE GOVERNOR. (a) In reviewing appropriations from the
mental health trust income account proposed by the authority, the governor
shall consider the needs of the beneficiaries of the trust without regard to
other potential objects of state expenditure. The governor shall, by December
15 of each year, submit to the legislature a separate appropriation bill
limited to appropriations from the mental health trust income account.
(b) If the appropriations
in the bill submitted by the governor under (a) of this section differ from
those proposed by the authority, the bill must contain findings explaining the
reasons for the differences and providing the basis for determining that the
proposed appropriations meet the needs of the beneficiaries of the trust. If
the governor proposes to increase the amount of money to be transferred from
the mental health trust income account to the unrestricted general fund over
the authority's recommendation made under AS 47.30.046(a)(3), the bill must
contain findings supporting the determination that the additional money is not
reasonably necessary to meet the projected operating and capital expenses of
the integrated comprehensive mental health program to be financed from the
trust.
(c) In reviewing the
appropriations of money from the mental health trust income account for
possible veto, the governor shall consider only the needs of the beneficiaries
of the trust without regard to other potential objects of state expenditures.
If the governor vetoes all or a part of an appropriation of money from the
mental health trust income account, the governor's veto message must include
the reasons the governor believes the remaining appropriations meet the needs
of the beneficiaries of the trust.
Sec. 37.14.005.
RESPONSIBILITIES OF THE LEGISLATURE. (a) The legislature shall annually pass
and transmit to the governor a bill making appropriations of money from the
mental health trust income account no later than the 75th day of the regular
session.
(b) Before taking action on
appropriations from the mental health trust income account proposed by the
governor, the legislature shall consider the needs of the beneficiaries of the
trust without regard to other potential objects of state expenditure. The
legislature shall make appropriations from the mental health trust income
account in a separate appropriation bill limited to appropriations from the
mental health trust income account.
(c) If the appropriations
in the bill passed by the legislature differ from those proposed by the
authority, the bill must contain findings explaining the reasons for the
differences and providing the basis for determining that the appropriations
meet the needs of the beneficiaries of the trust. If the legislature increases
the amount of money to be transferred from the trust to the general fund over
the authority's recommendation made under AS 47.30.046(a)(3), the bill must
contain findings supporting the determination that the additional money is not
reasonably necessary to meet the projected operating and capital expenses of
the integrated comprehensive mental health program to be financed from the
trust.
Sec. 37.14.007. AUTHORITY
AS TRUSTEE. (a) The Alaska Mental Health Trust Authority, established by AS 47.30.011,
is the trustee of the trust established under the Alaska Mental Health Enabling
Act of 1956, P.L. 84-830, 70 Stat. 709.
(b) In exercising the
powers, duties, and responsibilities as trustee, the authority is under a duty
to the public and the trust beneficiaries to
(1)
administer the trust solely in the interest of the beneficiaries;
(2) keep
and render clear and accurate accounts with respect to the administration of
the trust;
(3) make
public and available complete and accurate information as to the nature and
amount of the trust property;
(4)
exercise a high degree of care in administering the trust;
(5) take
reasonable steps to take and keep control of the trust property;
(6) use
care and skill to preserve the trust property;
(7) take
reasonable steps to realize on claims that are held in trust;
(8)
defend against actions that may result in a loss to the trust estate, unless
under all the circumstances, considering the other duties owed to the trust, it
is reasonable not to make the defense;
(9)
separately account for trust property;
(10)
ensure that trust property is designated as property of the trust;
(11) use
care and skill to make the trust property productive; however, nothing in this
paragraph shall prevent the state from using trust property directly or
indirectly, by contractual stipulation or otherwise, as a component of the
state's mental health trust program; and
(12) deal
impartially with the different trust beneficiaries as provided in AS 47.30.056.
Sec. 37.14.009. TRUST
MANAGEMENT. (a) The Alaska Mental Health Trust Authority
(1) shall
manage the assets of the trust in a fiduciary manner to fulfill the purposes of
the trust;
(2) may,
consistent with (1) of this subsection and AS 47.30.036(1), sell, lease,
exchange, or otherwise dispose of land in the trust;
(3) may,
consistent with (1) of this subsection, use land that is an asset of the trust
directly for the integrated comprehensive mental health program;
(4) may
contract with the Department of Natural Resources to manage the land assets of
the trust; and
(5) shall
contract with the Alaska Permanent Fund Corporation for management of the
trust's cash assets, unless the authority finds that the best interests of
trust beneficiaries would be served by contracting with another entity.
(b) In exercising its power
under (a)(2) or (3) of this section, the authority shall give public notice in
the manner provided under AS 38.05.945(b) and (c), but is not otherwise bound
by the provisions of AS 38.04 or AS 38.05.
* Sec. 11. AS 37.14 is amended by adding new sections to read:
Sec. 37.14.031. TRUST FUND
ESTABLISHED. The mental health trust fund is established as a separate fund
within the state treasury. The fund consists of the cash assets of the
principal of the trust.
Sec. 37.14.036. TRUST
INCOME ACCOUNT ESTABLISHED. (a) The mental health trust income account is
established as a separate account within the general fund of the state. The mental
health trust income account consists of
(1) fees,
charges, income earned on assets, and other money received by the trust that is
not attributable to the principal of the trust;
(2) money
deposited in the account in accordance with appropriations or allocations made
by law;
(3) the
amounts allocated to it under (c) of this section.
(b) The authority may establish
subaccounts within the mental health trust income account.
(c) In each of the
following state fiscal years, the commissioner of revenue shall allocate from
the general fund of the state to the mental health trust income account in the
general fund an amount equal to the percent of the unrestricted revenue of the
state specified for that fiscal year:
FISCAL YEAR ENDING
PERCENT
OF UNRESTRICTED STATE REVENUE
June 30, 1992
six percent
June 30, 1993
six percent
June 30, 1994
five percent
June 30, 1995
five percent
June 30, 1996
four percent
June 30, 1997
four percent
June 30, 1998
three percent
June 30, 1999
three percent
June 30, 2000
two percent
June 30, 2001
two percent
June 30, 2002
one percent
June 30, 2003
one percent
Sec. 37.14.099.
DEFINITIONS. In AS 37.14.001 - 37.14.099,
(1)
"authority" means the Alaska Mental Health Trust Authority
established under AS 47.30.011;
(2)
"board" means the board of trustees of the authority;
(3)
"enabling Act" means the Alaska Mental Health Enabling Act of 1956, P.L.
84-830, 70 Stat. 709.
* Sec. 12. AS 38.07.030(c) is amended to read:
(c) The cost of clearing
land leased from the state, including but not limited to school [AND MENTAL
HEALTH] land, shall be borne by the state. The lessee shall repay the cost over
a 10-year period at five percent interest.
* Sec. 13. AS 39.25.120(c)(9) is amended to read:
(9) the
principal executive officer of the following boards, councils, or commissions:
(A) Alaska Public Broadcasting Commission;
(B) Professional Teaching Practices Commission;
(C) Parole Board;
(D) Board of Nursing;
(E) Real Estate Commission;
(F) Alaska Royalty Oil and Gas Development Advisory Board;
(G) Alaska Historical Commission;
(H) Alaska State Council on the Arts;
(I) Alaska Police Standards Council;
(J) Older Alaskans Commission;
(K) Alaska Mental Health Board;
(L) State Medical Board;
(M) Governor's Council for the Handicapped and Gifted;
(N) Advisory Board on Alcoholism and Drug Abuse;
* Sec. 14. AS 41.15 is amended by adding a new section to read:
Sec. 41.15.025. FIRE
PROTECTION ON MENTAL HEALTH TRUST LAND. Land that is in the mental health trust
is, for the purpose of wild fire suppression, land owned by the state.
* Sec. 15. AS 44.21.230(a) is amended to read:
(a) The commission shall
(1)
formulate a comprehensive statewide plan that identifies the concerns and needs
of older Alaskans and, with reference to the plan adopted, prepare and submit
to the governor and legislature an annual analysis and evaluation of the
services that are provided to older Alaskans;
(2) make
recommendations directly to the governor and legislature with respect to
legislation, regulations, and appropriations for programs or services that
benefit older Alaskans;
(3)
encourage and aid the development of municipal commissions serving older
Alaskans and community-oriented programs and services for the benefit of older
Alaskans;
(4)
employ an executive director who serves at the pleasure of the commission;
(5) help
older Alaskans lead dignified, independent, and useful lives;
(6)
request and receive reports and audits from state agencies and local
institutions concerned with the conditions and needs of older Alaskans;
(7)
administer, with the approval of the commissioner of administration, federal
programs as provided under 42 U.S.C. 3001 - 3045i (Older Americans Act), as
amended;
(8)
administer, with the approval of the commissioner of administration, state
programs as provided under AS 47.65; [AND]
(9) give
assistance, on request, to the senior housing office in the Department of
Community and Regional Affairs in administration of the senior housing loan
program under AS 44.47.587 - 44.47.609 and in the performance of the office's
other duties under AS 44.47.585; and
(10)
provide to the Alaska Mental Health Trust Authority, for its review and
consideration, recommendations concerning the integrated comprehensive mental
health program for persons who are described in AS 47.30.056(b)(4) and the use
of the money in the mental health trust income account in a manner consistent
with regulations adopted under AS 47.30.031.
* Sec. 16. AS 44.29.022 is amended by adding a new subsection to read:
(d) A regulation that
establishes a fee for services under AS 44.29.020(a)(7) that are part of the
integrated comprehensive mental health program under AS 47.30 may be adopted
under this section after consultation with the Alaska Mental Health Trust
Authority.
* Sec. 17. AS 44.29.024 is amended by adding a new subsection to read:
(c) A regulation that
establishes a schedule of reasonable fees for services provided by a contractor
or grantee that are part of the integrated comprehensive mental health program
established under AS 47.30 may be adopted under this section after consultation
with the Alaska Mental Health Trust Authority.
* Sec. 18. AS 44.29.100 is amended to read:
Sec. 44.29.100. ADVISORY
BOARD ON ALCOHOLISM AND DRUG ABUSE. There is established in the Department of
Health and Social Services an advisory board on alcoholism and drug abuse. [THE
BOARD SHALL FUNCTION AS A STANDING COMMITTEE OF THE STATEWIDE HEALTH
COORDINATING COUNCIL ESTABLISHED UNDER AS 18.07.011.]
* Sec. 19. AS 44.29.110 is amended to read:
Sec. 44.29.110.
COMPOSITION. The board consists of 15 [12] members, 14 of
whom are public members appointed by the governor, and the 15th
who is the director of the division of alcoholism and drug abuse ex officio.
* Sec. 20. AS 44.29.115 is amended to read:
Sec. 44.29.115.
QUALIFICATIONS OF BOARD MEMBERS. The governor shall appoint the 14 public
[12] members so that the board consists of the following public members:
(1) one
member [TWO MEMBERS] who is [ARE] licensed to practice
medicine in the state [, ONE OF WHOM IS CERTIFIED IN PSYCHIATRY BY THE AMERICAN
BOARD OF PSYCHIATRY AND NEUROLOGY];
(2) one
member who is admitted to practice law in the state [ALASKA];
(3) four
members who are chronic alcoholics with psychoses who are recovering;
(4)
three members who are substance abuse treatment professionals who represent
public and private providers of substance abuse prevention and treatment
services; and
(5)
five [EIGHT] members who have shown an interest in the problems of
alcoholism or drug abuse and who have knowledge of the social problems
associated with alcoholism or drug abuse [; AND
(4) ONE
MEMBER WHO IS A REPRESENTATIVE OF THE LIQUOR INDUSTRY].
* Sec. 21. AS 44.29.120 is amended to read:
Sec. 44.29.120. TERM OF
OFFICE. (a) The governor shall appoint the public members of the
board for staggered terms of four years.
(b) The governor shall fill
a vacancy of a public member on the board by appointment for the
unexpired part of the vacated term.
(c) Public
[BOARD] members of the board serve at the pleasure of the
governor. The governor shall replace a public [ANY] member who by
poor attendance or lack of contribution to the board's work demonstrates
ineffectiveness as a board member. In this subsection, "poor
attendance" means the failure to attend three or more consecutive
meetings.
* Sec. 22. AS 44.29.130 is amended to read:
Sec. 44.29.130.
COMPENSATION, PER DIEM, AND EXPENSES. The public members
[MEMBERS] of the board are not entitled to a salary, but are entitled to per
diem, reimbursement for travel, and other expenses authorized by law for other
boards.
* Sec. 23. AS 44.29 is amended by adding a new section to read:
Sec. 44.29.135. OFFICERS
AND STAFF. (a) The board, by a majority of its membership, shall annually elect
a presiding officer and other officers it considers necessary from among its
membership.
(b) The board shall have a
paid staff provided by the department, including an executive director who
shall be selected by the board. The executive director is in the partially
exempt service and may hire additional employees in the classified service of
the state. The department shall provide for the assignment of personnel to the
board to ensure the board has the capacity to fulfill its responsibilities. The
executive director of the board shall be directly responsible to the board in
the performance of the director's duty.
* Sec. 24. AS 44.29.140 is amended to read:
Sec. 44.29.140. DUTIES. The
board shall
(1)
act in an advisory capacity to the legislature, the governor, and state
agencies [COMMISSIONER OF HEALTH AND SOCIAL SERVICES] in the following
matters:
(A) [(1)] special problems affecting mental health that
alcoholism or drug abuse may present;
(B) [(2)] educational research and public informational
activities [CONDUCTED BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND
OTHERS] in respect to the problems presented by alcoholism or drug abuse;
(C) [(3)] social problems that affect rehabilitation of
alcoholics and drug abusers;
(D) [(4)] legal processes that affect the treatment and
rehabilitation of alcoholics and drug abusers;
(E) [(5)] development of programs of prevention, treatment,
and rehabilitation for alcoholics and drug abusers; and
(F) [(6) REVIEW OF APPLICATIONS AND SUBSEQUENT
RECOMMENDATIONS TO THE COMMISSIONER OF HEALTH AND SOCIAL SERVICES ON USE OF
FUNDS FOR GRANTS FOR LOCAL ALCOHOLISM OR DRUG ABUSE PROJECTS AND PROGRAMS;
(7)]
evaluation of effectiveness of alcoholism and drug abuse programs in the state;
(2)
provide to the Alaska Mental Health Trust Authority for its review and
consideration recommendations concerning the integrated comprehensive mental
health program for the people who are described in AS 47.30.056(b)(3), and
concerning the use of money in the mental health trust income account in a
manner consistent with regulations adopted under AS 47.30.031.
* Sec. 25. AS 44.29.140 is amended by adding new subsections to read:
(b) The board is the state
planning and coordinating body for purposes of federal and state laws relating
to alcohol, drug, and other substance abuse prevention and treatment services.
(c) The board shall prepare
and maintain a comprehensive plan of services for the prevention and treatment
of alcohol, drug, and other substance abuse.
* Sec. 26. AS 47.30 is amended by adding new sections to read:
Sec. 47.30.011. ALASKA
MENTAL HEALTH TRUST AUTHORITY. (a) The Alaska Mental Health Trust Authority is established
as a public corporation of the state within the Department of Revenue.
(b) The purpose of the
authority is to ensure an integrated comprehensive mental health program.
(c) The authority
(1) shall
administer the trust established under the Alaska Mental Health Enabling Act of
1956;
(2) may
sue and be sued;
(3) may
retain the services of independent counsel when, in the judgment of the
authority's board of trustees, independent counsel is needed;
(4) shall
insure or indemnify and protect the board, a member of the board, or an agent
or employee of the authority against financial loss and expense, including reasonable
legal fees and costs, arising out of a claim, demand, suit, or judgment by
reason of alleged negligence, alleged violation of civil rights, or alleged
wrongful act resulting in death or bodily injury to a person or accidental
damage to or destruction of property if the board member, agent, or employee,
at the time of the occurrence, was acting under the direction of the authority
within the course or scope of the duties of the board member, agent, or
employee.
(d) The provisions of AS
44.62.330 - 44.62.630 do not apply to the Alaska Mental Health Trust Authority.
Sec. 47.30.016. MEMBERSHIP
OF THE BOARD. (a) The authority shall be governed by its board of trustees.
(b) The board consists of
seven members appointed by the governor. The members appointed under this
subsection shall be appointed
(1) based
upon their ability in financial management and investment, in land management,
or in services for the beneficiaries of the trust;
(2) after
the governor has considered a list of persons prepared by a panel of six persons
who are beneficiaries, or who are the guardians, family members, or
representatives of beneficiaries; the panel shall consist of
(A) one person selected by the Alaska Mental Health Board (AS
47.30.661);
(B) one person selected by the Governor's Council for the Handicapped
and Gifted (AS 47.80.030);
(C) one person selected by the Advisory Board on Alcoholism and Drug
Abuse (AS 44.29.110);
(D) one person selected by the Older Alaskans Commission (AS
44.21.200);
(E) one person selected by the Alaska Native Health Board; and
(F) one person selected by the authority.
(c) A member of the board
appointed by the governor under (b) of this section may not
(1) be an
officer or employee of the state; or
(2)
within the preceding two years or during the member's term of office have an
interest in, served on the governing board of, or been employed by an
organization that has received, during that same period, money from the mental
health trust income account under a contract for services.
(d) A quorum of the board
is four members.
(e) A member of the board
is entitled to
(1) an
honorarium of $200 for each day or any part of a day spent at a meeting of the
board, at a meeting of a subcommittee of the board, or as a representative of
the board; and
(2) per
diem and travel expenses authorized for boards and commissions under AS
39.20.180.
Sec. 47.30.021. TERM OF
OFFICE, VACANCIES, AND REMOVAL. (a) The members of the board serve staggered
five-year terms. A member shall continue to serve until the member's successor
is appointed and confirmed.
(b) A vacancy occurring in
the membership of the board shall be filled within 60 days by appointment of
the governor for the unexpired portion of the vacated term.
(c) The governor may remove
a member of the board only for cause, including incompetence, neglect of duty,
misconduct in office, poor attendance, or lack of contribution to the board's
work. A member being removed for cause shall be given a copy of the charges and
afforded an opportunity to publicly present a defense in person or by counsel
upon not less than 10 days' written notice. If a member is removed for cause,
the governor shall file with the lieutenant governor a complete statement of
all charges made against the member and the governor's findings based on the
charges, together with a complete record of the proceedings. The removal of a
member for cause constitutes a final administrative order. A member seeking to
appeal the governor's removal of a member for cause under this subsection shall
file a notice of appeal with the superior court under AS 44.62.560.
(d) Except for a trustee
who has served two consecutive five-year terms, a member of the board may be
reappointed. A member of the board who has served two consecutive five-year
terms is not eligible for reappointment to the board until one year has
intervened.
Sec. 47.30.026. OFFICERS
AND STAFF. (a) The board shall annually elect a presiding officer and other
officers it considers necessary from among its membership.
(b) The board shall employ
a chief executive officer who shall be selected by the board. The chief
executive officer shall be compensated at no less than range 26 of the pay plan
for state employees under AS 39.27.011(a). The chief executive officer may
(1) hire
additional employees;
(2)
appoint hearing officers to perform the responsibilities set out in AS
47.30.031(b)(5); and
(3)
contract for the services of consultants and others.
(c) The chief executive
officer is directly responsible to the board.
Sec. 47.30.031.
REGULATIONS. (a) The board shall adopt regulations under the Administrative
Procedure Act (AS 44.62) consistent with state law and the fiduciary
responsibilities imposed by law on members of boards of directors of
corporations having trust responsibilities.
(b) The regulations shall
address, but are not limited to,
(1) the
requirements of AS 47.30.056(h) and (j);
(2)
provisions governing the administration and management of the mental health
trust;
(3)
procedures by which an aggrieved person or group who believe they have not
received services that should be provided from the trust may apply to the
authority for redress;
(4)
provisions that allow and encourage entities providing trust funded services to
integrate those services with other community human services funded by other
sources;
(5)
administrative adjudication procedures, including but not limited to
(A) the acceptance of applications under (4) of this subsection;
(B) investigations;
(C) hearings; and
(D) the issuance of administrative orders, as necessary;
(6)
provisions that establish a process for long-range planning for expenditures
from the mental health trust income account; and
(7)
criteria for determining the nature and extent of necessary services and
related expenses to be funded by the trust.
Sec. 47.30.036. DUTIES OF
THE BOARD. The board shall
(1)
preserve and protect the trust corpus;
(2) coordinate
with other state agencies involved with programs affecting persons in need of
mental health services;
(3)
review and consider the recommendations submitted under AS 44.21.230(a)(10), AS
44.29.140(2), AS 47.30.666(6), and AS 47.80.090(13);
(4) adopt
bylaws governing its meetings, selection of officers, proceedings, and other
aspects of board procedure;
(5) make
an annual written report of its activities to the legislature, governor, and
the public; and
(6)
fulfill its obligations under AS 47.30.046.
Sec. 47.30.041. BOARD
ADVISORS. The commissioners of health and social services, natural resources,
and revenue, or their respective designees, are advisors to the board.
Sec. 47.30.046. BUDGET
RECOMMENDATIONS; REPORTS. (a) The board shall annually, not later than
September 15, submit to the governor and the Legislative Budget and Audit
Committee a budget for the next fiscal year and a proposed plan of
implementation based on the integrated comprehensive mental health program plan
prepared under AS 47.30.660(a)(1). The budget must include the authority's
determination of the amount
(1)
recommended for expenditure from the mental health trust income account during
the next fiscal year to
(A) meet the administrative expenses of the authority;
(B) offset the effect of inflation on the value of the trust corpus;
and
(C) meet the necessary operating and capital expenses of the
integrated comprehensive mental health program;
(2)
recommended for expenditure from the general fund, if any, during the next
fiscal year to meet the necessary operating and capital expenses of the
integrated comprehensive mental health program; and
(3) in
the mental health trust income account, if any, that is not reasonably
necessary to meet the projected operating and capital expenses of the
integrated comprehensive mental health program that may be transferred into the
general fund.
(b) When the authority
submits its proposed budget under (a) of this section, the authority shall also
provide a report to the Legislative Budget and Audit Committee, the governor,
the Office of Management and Budget, the commissioner of health and social
services, and all entities providing services with money in the mental health
trust income account, and shall make it available to the public. The report
must describe at least the following:
(1) the
assets, earnings, and expenditures of the trust as of the end of the preceding
fiscal year;
(2)
comparisons of the trust's assets, earnings, and expenditures with the prior
five fiscal years;
(3)
projections of the trust's assets, earnings, and expenditures for the next five
fiscal years;
(4) the
authority's budget recommendations submitted under (a) of this section, and its
reasons for making those recommendations;
(5) the
authority's guidelines for the establishment of services; the provision of
services shall be based on the principle that services paid for from the trust
are provided to recipients as close to the recipient's home and family as
practical with due consideration of demographics, mental health service
requirements, use of mental health services, economic feasibility, and capital
expenditures required for provision of minimum levels of service;
(6)
forecasts of the number of persons needing services;
(7)
projections of the resources required to provide the necessary services and
facilities; and
(8)
reviews of the status of the integrated comprehensive mental health program,
including evaluation of program goals, objectives, targets and timelines, and
overall effectiveness.
Sec. 47.30.051. SUBMISSIONS
REQUIRING USE OF TRUST MONEY. An agency or entity proposing an expenditure of
money by the trust shall present its proposal to the authority under
regulations adopted under AS 47.30.031.
Sec. 47.30.056. USE OF
MONEY IN THE MENTAL HEALTH TRUST INCOME ACCOUNT. (a) If appropriated by law,
the money in the mental health trust income account established in AS 37.14.036
shall be used to
(1)
provide an integrated comprehensive mental health program as required by this
section;
(2) meet
the authority's annual administrative expenses; and
(3)
offset the effect of inflation on the corpus of the trust.
(b) Expenditures under
(a)(1) of this section shall provide for a reasonable level of necessary
services to
(1) the
mentally ill;
(2) the
mentally defective and retarded;
(3)
chronic alcoholics suffering from psychoses;
(4)
senile people who as a result of their senility suffer major mental illness;
and
(5) other
persons needing mental health services, as the legislature may determine.
(c) The integrated
comprehensive mental health program for which expenditures are made under this
section
(1) shall
give priority in service delivery to persons who, as a result of a mental
disorder or of a disorder identified in (b) of this section;
(A) may require or are at risk of hospitalization; or
(B) experience such major impairment of self-care, self-direction, or
social and economic functioning that they require continuing or intensive
services;
(2) may,
at the discretion of the board, include services to persons who are not
included under (b) or (c)(1) of this section.
(d) In (b)(1) of this
section, "the mentally ill" includes persons with the following
mental disorders:
(1)
schizophrenia;
(2)
delusional (paranoid) disorder;
(3) mood
disorders;
(4)
anxiety disorders;
(5)
somatoform disorders;
(6)
organic mental disorders;
(7)
personality disorders;
(8)
dissociative disorders;
(9) other
psychotic or severe and persistent mental disorders manifested by behavioral
changes and symptoms of comparable severity to those manifested by persons with
mental disorders listed in this subsection; and
(10)
persons who have been diagnosed by a licensed psychologist, psychiatrist, or
physician licensed to practice medicine in the state and, as a result of the
diagnosis, have been determined to have a childhood disorder manifested by
behaviors or symptoms suggesting risk of developing a mental disorder listed in
this subsection.
(e) In (b)(2) of this
section, "the mentally defective and retarded" includes persons with
the following neurologic or mental disorders:
(1)
cerebral palsy;
(2)
epilepsy;
(3)
mental retardation;
(4)
autistic disorder;
(5)
severe organic brain impairment;
(6)
significant developmental delay during early childhood indicating risk of developing
a disorder listed in this subsection;
(7) other
severe and persistent mental disorders manifested by behaviors and symptoms
similar to those manifested by persons with disorders listed in this
subsection.
(f) In (b)(3) of this section,
"chronic alcoholics suffering from psychoses" includes persons with
the following disorders:
(1)
alcohol withdrawal delirium (delirium tremens);
(2)
alcohol hallucinosis;
(3)
alcohol amnestic disorder;
(4)
dementia associated with alcoholism;
(5)
alcohol-induced organic mental disorder;
(6)
alcoholic depressive disorder;
(7) other
severe and persistent disorders associated with a history of prolonged or
excessive drinking or episodes of drinking out of control and manifested by
behavioral changes and symptoms similar to those manifested by persons with
disorders listed in this subsection.
(g) In (b)(4) of this
section, "senile people who as a result of their senility suffer major
mental illness" includes persons with the following mental disorders:
(1)
primary degenerative dementia of the Alzheimer type;
(2)
multi-infarct dementia;
(3)
senile dementia;
(4)
presenile dementia;
(5) other
severe and persistent mental disorders manifested by behaviors and symptoms
similar to those manifested by persons with disorders listed in this
subsection.
(h) The authority shall
adopt regulations defining the disorders identified in this section to reflect
revisions in the diagnostic nomenclature of the health professions serving the
beneficiaries of the trust. The authority shall review and revise the
regulations as necessary. Regulations adopted under this subsection must be in
the long term best interest of the trust and of persons with disorders equivalent
to those identified in (b) and (c) of this section.
(i) In this section,
"an integrated comprehensive mental health program"
(1) means
public health programs and services that, on the effective date of this Act,
are separately recognizable and administered, without regard to the
administrative unit directly responsible for the delivery of the service; among
the services included are services for the mentally ill, community mental
health services, services for the developmentally disabled, alcoholism
services, and services for children, youth, adults, and seniors with mental
disorders;
(2)
includes, at a minimum, each of the following services as appropriate:
(A) emergency services on a 24-hour basis;
(B) screening examination and evaluation services required to complete
the involuntary commitment process under AS 47.30.700 - 47.30.815;
(C) inpatient care;
(D) crisis stabilization services, which may include:
(i) active community outreach;
(ii) in-hospital contact;
(iii) mobile crisis teams of mental health professionals;
(iv) crisis beds to provide a short term residential
program for persons experiencing an acute episode of mental illness that
requires temporary removal from a home environment;
(E) treatment services, which may include
(i) diagnosis, testing, and evaluation of medical needs;
(ii) medication monitoring;
(iii) physical examinations;
(iv) dispensing psychotropic and other medication;
(v) detoxification;
(vi) individual or group therapy;
(vii) aftercare;
(F) case management, which may include
(i) evaluation of needs;
(ii) development of individualized treatment plans;
(iii) enhancement of access to available resources and
programs;
(iv) development of interagency contacts and family
involvement;
(v) advocacy;
(G) daily structure and support, which may include
(i) daily living skills training;
(ii) socialization activities;
(iii) recreation;
(iv) transportation;
(v) day care services;
(vi) client and care provider education and support
services;
(H) residential services, which may include
(i) crisis or respite care;
(ii) board and care;
(iii) foster care, group homes, halfway houses, or
supervised apartments;
(iv) intermediate care facilities;
(v) long-term care facilities;
(vi) in-home care;
(I) vocational services, which may include
(i) prevocational services;
(ii) work adjustment;
(iii) supported work;
(iv) sheltered work;
(v) training in which participants achieve useful work
experience;
(J) outpatient screening, diagnosis, and treatment services, including
individual, family, and group psychotherapy, counseling, and referral;
(K) prevention and education services, including consultation with
organizations, providers, and the public; and
(L) administrative services, including appropriate operating expenses
of state agencies and other service providers.
(j) The authority shall
adopt regulations regarding the services described in (i) of this section to
reflect advances in the appropriate professions. The authority shall review and
revise the regulations as necessary. Regulations adopted under this subsection
must be in the long term best interest of the mental health trust.
Sec. 47.30.061. DEFINITIONS.
In AS 47.30.011 - 47.30.061,
(1)
"authority" means the Alaska Mental Health Trust Authority
established by AS 47.30.011;
(2)
"board" means the board of trustees of the authority;
(3)
"trust" means the trust established by the Alaska Mental Health
Enabling Act of 1956, P.L.84-830, 70 Stat. 709.
* Sec. 27. AS 47.30.470 is amended by adding new paragraphs to read:
(8)
prepare that part of the plan for the integrated comprehensive mental health
program under AS 47.30.056 that relates to the services and facilities that are
necessary for the care and treatment of persons identified as chronic
alcoholics suffering from psychoses, as defined in AS 47.30.056(b)(3) and (f);
in preparing the plan of services for persons identified in this paragraph, the
department shall coordinate with the Alaska Mental Health Trust Authority and
the Advisory Board on Alcoholism and Drug Abuse;
(9) use
money appropriated from the mental health trust income account established
under AS 37.14.036 to provide the necessary services identified in (8) of this
section and in accordance with AS 47.30.056.
* Sec. 28. AS 47.30.520 is amended to read:
Sec. 47.30.520. LEGISLATIVE
PURPOSE. It is the purpose of the [LEGISLATURE IN ENACTING THE] Community
Mental Health Services Act to
(1)
[TO] provide a range of community based inpatient, outpatient, and
support services for persons with mental disorders;
(2)
[OR EMOTIONAL DISTURBANCES AND TO] assist [LOCAL] communities in planning,
organizing, and financing community mental health services through locally
developed, administered, and controlled community mental health programs;
(3)
[. IT IS FURTHER INTENDED TO] better develop and use [UTILIZE
EXISTING] resources at both state and local levels;
(4)
[IN ORDER TO (1)] develop and implement plans for comprehensive
[INITIATING MAXIMUM] mental health services based on demonstrated need on
a regional basis [FOR SERVICES IN EACH GEOGRAPHICAL PLANNING AREA, AS
WELL AS REGIONALIZED COMPREHENSIVE MENTAL HEALTH SERVICES];
(5)
[(2)] improve the effectiveness of existing mental health services;
(6)
[(3)] integrate state-operated and community mental health programs into a
unified mental health system;
(7)
ensure that consumers, families, and representatives of [(4) PROVIDE A
MEANS FOR PARTICIPATION BY LOCAL] communities within mental health
planning regions can participate in determining [THE
DETERMINATION OF] the need for and the allocation of mental health resources;
(8)
[(5) ESTABLISH A UNIFORM RATIO OF LOCAL AND STATE GOVERNMENT RESPONSIBILITY FOR
FINANCING MENTAL HEALTH SERVICES;
(6)]
provide a means of allocating money available for state mental
health services [FUNDS] according to community needs;
(9)
[(7)] encourage the full use of all existing public or private agencies,
facilities, personnel, and funds to accomplish these objectives; and
(10)
[(8)] prevent unnecessary duplication and fragmentation of services and
expenditures.
* Sec. 29. AS 47.30 is amended by adding a new section to read:
Sec. 47.30.523. COMMUNITY
MENTAL HEALTH PROGRAM POLICY AND PRINCIPLES. (a) It is the policy of the state
that
(1) the
community mental health program provide a comprehensive and integrated system
of community based facilities, supports, and mental health services including
child and adolescent screening and diagnosis, inpatient, outpatient,
prevention, consultation, and education services;
(2)
persons most in need of community mental health services receive appropriate
services as provided under AS 47.30.056;
(3) the
community mental health program be coordinated, to the maximum extent possible,
with the programs established under AS 47.37, AS 47.65, AS 47.80, and other
programs affecting the well being of persons in need of mental health services.
(b) Community mental health
program service delivery principles include the principles that persons
(1) have
ready and prompt access to necessary screening, diagnosis, and treatment;
(2)
receiving community mental health services be informed of their rights,
including their rights to confidentiality and to treatment with dignity;
(3) be
provided community mental health services by staff and programs that reflect
the culture, linguistic, and other social characteristics of their community
and that incorporate multidisciplinary professional staff to meet client functional
levels and diagnostic and treatment needs;
(4) in
need of community mental health services, and their families, be encouraged to
participate in formulating, delivering, and evaluating treatment and
rehabilitation;
(5) in
need of community mental health services be provided treatment and
rehabilitation services designed to minimize institutionalization and maximize
individual potential;
(6) be
treated in the least restrictive alternative environment consistent with their
treatment needs, enabling the person to live as normally as possible;
(7) be
provided necessary treatment as close to the person's home as possible;
(8) be
informed of and allowed to participate in planning their own treatment as much
as possible.
* Sec. 30. AS 47.30.530 is amended by adding a new subsection to read:
(b) In performing its
duties under (a) of this section, the department shall coordinate with the
Alaska Mental Health Trust Authority established in AS 47.30.011.
* Sec. 31. AS 47.30.540(b) is amended to read:
(b) An [THE]
entity designated by the department [IN THE LOCAL AREA AS THE ORGANIZATIONAL
UNIT] to receive money [FUNDS] under AS 47.30.520 - 47.30.620
[AND TO ADMINISTER THE PROGRAM] shall ensure a broad base of community support
as evidenced by a governing board reasonably representative of the
professional, civic, and citizen groups in the community and including
persons with mental disorders or family members of persons with mental
disorders. No more than two members, or 40 percent of the membership,
whichever is greater, may be providers of services under the program. In order
to receive funds under AS 47.30.520 - 47.30.620, a local community entity shall
agree to
(1) give
priority to mental health programs and services consistent with the
priorities set out in AS 47.30.056 and that provide the
[HAVE A] maximum services for the least expenditure of money from the
mental health trust income account [EFFECT ON OTHER TAX FUNDED PROGRAMS];
(2)
furnish services through a qualified staff meeting reasonable standards of
experience and training;
(3)
conform to a state cost accounting system showing the true cost of services
rendered, collect fees for services according to a schedule based on an
analysis of reasonable ability to pay, and provide that a person may not be
refused services because of inability to pay for those services;
(4)
maintain adequate clinical and administrative records and furnish periodic
reports to the department;
(5)
furnish the authority and the department an annual report of the
preceding fiscal year, including an evaluation of the effectiveness of the
previous year's programs and their costs; and
(6)
furnish the authority and the department [EACH YEAR A]
satisfactory needs assessments for the population and area it serves and
an annual update of a long-range planning and budget statement that
describes program goals for the coming year, the steps and resources necessary
to implement the goals, the projected means by which these resources will be
secured, and the procedures necessary to evaluate the program.
* Sec. 32. AS 47.30.545 is repealed and reenacted to read:
Sec. 47.30.545. POPULATIONS
TO BE SERVED. The entities designated by the department to receive money under
AS 47.30.540(b) shall provide one or more of the services that are set out in
AS 47.30.056(i) to persons identified in AS 47.30.056.
* Sec. 33. AS 47.30.547 is amended to read
Sec. 47.30.547. STANDARDS
FOR COMMUNITY MENTAL HEALTH SERVICES. An entity that provides community mental
health services shall
(1) make
services available at times and locations that enable residents of the entity's
service area to obtain services readily;
(2)
ensure each client's right to confidentiality and treatment with dignity;
(3)
establish staffing patterns of qualified and trained personnel
that reflect the cultural, linguistic, and other social characteristics of the
community and that incorporate multidisciplinary professional staff to meet
client functional levels and diagnostic and treatment needs;
(4)
promote client and family participation in formulating, delivering, and
evaluating treatment and rehabilitation;
(5)
design screening, diagnosis, treatment, and rehabilitation services to maximize
individual potential and to minimize institutionalization; and
(6)
provide services in the least restrictive setting, enabling the person
receiving the services to live as normally as possible.
* Sec. 34. AS 47.30.590 is amended to read:
Sec. 47.30.590. PATIENT
RIGHTS AND THE CONFIDENTIAL NATURE OF RECORDS AND INFORMATION. The department
shall adopt regulations to assure patient rights and to safeguard the
confidential nature of records and information about the recipients of services
provided under this chapter [AS 47.30.520 - 47.30.620]. The
regulations must require that [LOCAL COMMUNITY] entities identified in AS
47.30.540(b) develop and include in any plan submitted for approval
adequate provisions for safeguarding confidential information. The
[DEPARTMENT'S] regulations must provide for disclosure of confidential
information to parents or guardians, to mental health
professionals providing services to a recipient, and to other
appropriate service agencies when it is in the defined best interests of the
patient.
* Sec. 35. AS 47.30.610 is repealed and reenacted to read:
Sec. 47.30.610.
DEFINITIONS. In AS 47.30.520 - 47.30.610,
(1)
"authority" means the Alaska Mental Health Trust Authority
established in AS 47.30.011;
(2)
"department" means the Department of Health and Social Services;
(3)
"persons with mental disorders" means persons with disorders
currently included within nationally accepted diagnostic systems of the mental
health professions;
(4)
"trust" has the meaning given in AS 47.30.061.
* Sec. 36. AS 47.30.660 is amended to read:
Sec. 47.30.660. POWERS AND
DUTIES OF DEPARTMENT. (a) The department shall
(1)
prepare, and periodically revise and amend, a plan for an integrated
comprehensive mental health program; the preparation of the plan and any
revision or amendment of it shall
(A) be made in conjunction with the Alaska Mental Health Trust
Authority;
(B) be coordinated with federal, state, regional, local, and
private entities involved in mental health services; and
(2) in
planning expenditures from the mental health trust income account, conform to
the regulations adopted by the Alaska Mental Health Trust Authority under AS
47.30.031(b)(6); and
(3)
implement an integrated comprehensive system of care that meets the service
needs of the beneficiaries of the trust established under the Alaska Mental
Health Enabling Act of 1956, as determined by the plan.
(b) The department, in
fulfilling its duties under this section and through its division of mental
health and developmental disabilities, [IS THE MENTAL HEALTH AUTHORITY
OF THE STATE AND] shall
(1)
administer a comprehensive program of services for persons with mental
disorders, for the prevention of mental illness, and for
the care and treatment of persons with mental disorders [THE
MENTALLY ILL], including inpatient and outpatient care and treatment and the
procurement of services of specialists or other persons on a contractual or
other basis;
(2) take
the actions and undertake the obligations that are necessary to participate in
federal grants-in-aid programs and accept federal or other financial aid from
whatever sources for the study, prevention, examination, care,
and treatment of persons with mental disorders [THE MENTALLY
ILL];
(3)
administer AS 47.30.660 - 47.30.915;
(4)
designate, operate, and maintain treatment facilities equipped and qualified to
provide inpatient and outpatient care and treatment for persons with
mental disorders [THE MENTALLY ILL];
(5)
provide for the placement of [MENTALLY ILL] patients with mental
disorders in designated treatment facilities;
(6) enter
into arrangements with governmental agencies for the care or treatment of persons
with mental disorders [THE MENTALLY ILL] in facilities of the
governmental agencies in the state or in another state;
(7) enter
into contracts with treatment facilities for the custody and care or treatment
of persons with mental disorders [THE MENTALLY ILL]; contracts
under this paragraph are governed by AS 36.30 (State Procurement Code);
(8) enter
into contracts, which incorporate safeguards consistent with AS 47.30.660 -
47.30.915 and the preservation of the civil rights of the patients [,] with
another state for the custody and care or treatment of patients previously
committed from this state under 48 U.S.C. 46 et seq., and P.L. 84-830
[P.L. 830, 84TH CONGRESS, 2ND SESSION], 70 Stat. 709;
(9)
prescribe the form of applications, records, reports, requests for release, and
consents to medical or psychological treatment required by AS 47.30.660 -
47.30.915;
(10)
require reports from the head of a treatment facility concerning the care of
patients;
(11)
visit each treatment facility at least annually to review methods of care or
treatment for patients;
(12)
investigate complaints made by a patient or an interested party on behalf of a
patient;
(13)
delegate upon mutual agreement to another officer or agency of it, or a
political subdivision of the state, or a treatment facility designated, any of
the duties and powers imposed upon it by AS 47.30.660 - 47.30.915; [AND]
(14) after
consultation with the Alaska Mental Health Trust Authority, adopt
regulations to implement the provisions of AS 47.30.660 - 47.30.915; and
(15)
provide technical assistance and training to providers of mental health
services.
* Sec. 37. AS 47.30.662 is repealed and reenacted to read:
Sec. 47.30.662.
COMPOSITION. (a) The board consists of not fewer than 18 nor more than 24
members appointed by the governor, with due regard for the demographics of the
state and balanced geographic representation of the state. The membership and
committees of the board shall fulfill the requirements of P.L. 99-660, as
amended.
(b) Not less than one-half
of the members shall be persons with a mental disorder identified in AS 47.30.056(b)(1)
or members of their families.
(c) The board members
(1) shall
include the director of the division of mental health and developmental
disabilities in the department; and
(2) may
include representatives of the principal state agencies with respect to
education, vocational rehabilitation, criminal justice, housing, social
services, medical assistance, substance abuse, and aging.
(d) Board members appointed
under (c) of this section may not vote on matters before the board.
(e) The board members shall
include at least two licensed mental health professionals who represent public
and private providers of mental health services and at least one member who is
admitted to practice law in the state. Members appointed under this subsection
may also be family members identified under (b) of this section.
* Sec. 38. AS 47.30.664(b) is amended to read:
(b) The board shall have a
paid staff provided by the department, including, but not limited to, an
executive director who shall be selected by the board [FROM CANDIDATES PROVIDED
BY THE DEPARTMENT]. The executive director is in the partially exempt service
and may hire additional employees in the classified service of the state. The
department shall provide for the assignment of personnel to the board to ensure
the board has the capacity to fulfill its responsibilities. The
executive director [AND THE STAFF] of the board shall be directly responsible
to the board in the performance of the director's [THEIR] duties.
* Sec. 39. AS 47.30.666 is repealed and reenacted to read:
Sec. 47.30.666. DUTIES OF
THE BOARD. The board is the state planning and coordinating body for the
purpose of federal and state laws relating to mental health services for
persons with mental disorders identified in AS 47.30.056(b)(1) and (4). On
behalf of those persons, the board shall
(1)
prepare and maintain a comprehensive plan of treatment and rehabilitation
services;
(2)
propose an annual implementation plan consistent with the comprehensive plan
and with due regard for the findings from evaluation of existing programs;
(3)
provide a public forum for the discussion of issues related to the mental
health services for which the board has planning and coordinating
responsibility;
(4)
advocate the needs of persons with mental disorders before the governor,
executive agencies, the legislature, and the public;
(5)
advise the legislature, the governor, the Alaska Mental Health Trust Authority,
and other state agencies in matters affecting persons with mental disorders,
including, but not limited to,
(A) development of necessary services for diagnosis, treatment, and
rehabilitation;
(B) evaluation of the effectiveness of programs in the state for
diagnosis, treatment, and rehabilitation;
(C) legal processes that affect screening, diagnosis, treatment, and
rehabilitation;
(6)
provide to the Alaska Mental Health Trust Authority for its review and
consideration recommendations concerning the integrated comprehensive mental
health program for those persons who are described in AS 47.30.056(b)(1) and
(4) and the use of money in the mental health trust income account in a manner
consistent with regulations adopted under AS 47.30.031; and
(7)
submit periodic reports regarding its planning, evaluation, advocacy, and other
activities.
* Sec. 40. AS 47.30 is amended by adding a new section to read:
Sec. 47.30.667.
COMPENSATION, PER DIEM, AND EXPENSES. The board members appointed under AS
47.30.662(b) and (e) are not entitled to a salary, but are entitled to per
diem, reimbursement for travel, and other expenses authorized by law for boards
and commissions under AS 39.20.180.
* Sec. 41. AS 47.30.910(d) is amended to read:
(d) All money paid by the
patient or on the patient's behalf to the department under this section shall
be deposited in the mental health trust income account established in AS
37.14.036 [GENERAL FUND].
* Sec. 42. AS 47.30.910(g) is amended to read:
(g) The commissioner of
administration shall separately account for medical care and treatment fees
collected under this section. [THAT THE DEPARTMENT DEPOSITS IN THE GENERAL FUND.
THE ANNUAL ESTIMATED BALANCE IN THE ACCOUNT MAY BE USED BY THE LEGISLATURE TO
MAKE APPROPRIATIONS TO THE DEPARTMENT TO CARRY OUT THE PURPOSES OF THIS
SECTION].
* Sec. 43. AS 47.30.915 is amended by adding a new paragraph to read:
(18)
"persons with mental disorders" has the meaning given in AS
47.30.610.
* Sec. 44. AS 47.37.040(10) is repealed and reenacted to read:
(10)
conduct program planning activities approved by the Advisory Board on
Alcoholism and Drug Abuse.
* Sec. 45. AS 47.37 is amended by adding a new section to read:
Sec. 47.37.125. PAYMENT FOR
SERVICES. Subject to appropriation by the legislature, money in the mental
health trust income account established in AS 37.14.036 may be used to support
a service provided under the authority given in this chapter.
* Sec. 46. AS 47.80.070(b) is amended to read:
(b) The council shall
have a paid staff provided by the department, including an executive director
selected by the council. The executive director is in the partially exempt
service and may hire additional employees in the classified service of the
state. The department shall provide for the assignment of personnel to
the council to ensure that the council has the capacity to fulfill its
responsibilities. The personnel shall be directly responsible to the council
for performance of their duties.
* Sec. 47. AS 47.80.090 is amended by adding a new paragraph to read:
(13)
provide to the Alaska Mental Health Trust Authority for its review and
consideration recommendations concerning the integrated comprehensive mental
health program for the people of the state who are described in AS
47.30.056(b)(2) and the use of the money in the mental health trust income
account in a manner consistent with regulations adopted under AS 47.30.031.
* Sec. 48. AS 47.80.110 is amended to read:
Sec. 47.80.110. PROGRAM
PRINCIPLES. The system of services and facilities required under AS 47.80.100
shall accord with the principles [PRINCIPLE] that service
providers shall
(1)
make services available at times and locations that enable residents of the
provider's service area to obtain services readily;
(2)
ensure each client's right to confidentiality and treatment with dignity;
(3)
establish staffing patterns that reflect the cultural, linguistic, and other
social characteristics of the community and that incorporate multidisciplinary
professional staff to meet client functional levels and diagnostic and
treatment needs;
(4)
promote client and family participation in formulating, delivering, and
evaluating treatment and rehabilitation;
(5)
design treatment [, SERVICES,] and habilitation [SHALL BE DESIGNED] to
maximize individual potential and [,] minimize institutionalization;
[,] and
(6)
provide services [SHALL BE PROVIDED] in the least restrictive setting,
enabling a person to live as normally as possible within the limitations of the
handicap.
* Sec. 49. AS 37.14.011, 37.14.021, AS 38.05.800, AS 47.30.546, secs. 1, 2, 4, and 5, ch. 132, SLA 1986; and secs. 7 - 10, ch. 48, SLA 1987 are repealed.
* Sec. 50. TRANSITIONAL PROVISIONS: DEVELOPMENT OF TRUST INCOME ACCOUNT DISTRIBUTION MECHANISM. Not later than January 1, 1993, the Board of Trustees of the Alaska Mental Health Trust Authority, after consulting with organizations and persons affected by this Act, shall
(1) consistent with AS
47.30.056(h), added by sec. 26 of this Act, adopt regulations regarding persons
who are to receive services funded by money in the mental health trust income
account under AS 37.14.036, as added by sec. 11 of this Act;
(2) publish its finding and
estimates regarding the number of persons in need under the regulations adopted
under (1) of this section;
(3) consistent with AS
47.30.056(j), added by sec. 26 of this Act, adopt regulations regarding the
services and facilities upon which expenditures are to be made from money in
the mental health trust income account under AS 37.14.036, as added by sec. 11
of this Act;
(4) publish its findings
and projections regarding the necessary expenditure of money from the mental
health trust income account for the services and facilities identified under
(3) of this section; the projections may be based on a formula that considers
distribution, demographics, and level of functioning of the persons to be
served and the cost of service delivery on a regional basis.
* Sec. 51. INITIAL APPOINTMENT OF MEMBERS TO THE BOARD OF TRUSTEES. Notwithstanding AS 47.30.016 and 47.30.021, added by sec. 26 of this Act,
(1) the initial
appointments of the members of the Board of Trustees of the Alaska Mental
Health Trust Authority added by sec. 26 of this Act, shall be made by the
governor after considering a list of candidates submitted to the governor by
the Alaska Mental Health Board;
(2) the initial appointees
shall be appointed to initial terms as follows: one shall be appointed for a
term of one year, one shall be appointed for a term of two years, one shall be
appointed for a term of three years, two shall be appointed for terms of four
years, and two shall be appointed for terms of five years.
* Sec. 52. TRANSITIONAL PROVISIONS: MEMBERS OF ADVISORY BOARD ON ALCOHOLISM AND DRUG ABUSE. Notwithstanding AS 44.29.110 and 44.29.115, as amended by secs. 19 and 20 of this Act, the members of the Advisory Board on Alcoholism and Drug Abuse who are serving on the effective date of this Act continue to serve their unexpired terms. Vacancies on the advisory board occurring after the effective date of this Act shall be filled by the governor under the provisions of AS 44.29.115, as amended by sec. 20 of this Act.
* Sec. 53. TRANSITIONAL PROVISIONS: MEMBERS OF THE ALASKA MENTAL HEALTH BOARD. Notwithstanding AS 47.30.662, as amended by sec. 37 of this Act, the members of the Alaska Mental Health Board who are serving on the effective date of this Act continue to serve their unexpired terms. Vacancies on the board occurring after the effective date of this Act, and new positions created by this Act, shall be filled by the governor under the provisions of AS 47.30.662, as amended by sec. 37 of this Act. When making appointments to new positions on the board, the governor shall ensure that the initial terms of new members maintain the staggered term requirement of AS 47.30.663.
* Sec. 54. TRUST CORPUS RECONSTITUTED. For the purpose of reconstituting the mental health trust established under the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956), and after public notice as provided under AS 38.05.945(b) and (c), the commissioner of natural resources shall convey to the mental health trust authority established under AS 47.30.011, the following land in trust:
(1) land granted to the
state under the Alaska Mental Health Enabling Act and not conveyed or
encumbered by the state on or before the effective date of this Act;
(2) land granted to the
state under the Alaska Mental Health Enabling Act that is, on the effective
date of this Act, subject only to oil and gas leases, coal leases, or timber
contracts;
(3) land granted to the
state under the Alaska Mental Health Enabling Act that has been selected, on or
before the effective date of this Act, by a municipality under AS 29.65 or
under former AS 29.18.190 - 29.18.200 and which on the effective date of this
Act has been neither approved nor disapproved by the director of the division
of lands, Department of Natural Resources;
(4) land granted to the
state under the Alaska Mental Health Enabling Act, that is, on the effective
date of this Act, subject to a land use permit or a right-of-way issued by the
Department of Natural Resources under AS 38.05;
(5) land granted to the
state under the Alaska Mental Health Enabling Act and included, on the
effective date of this Act, in the Haines State Forest Resource Management Area
(AS 41.15.300) and the Tanana Valley State Forest (AS 41.17.400);
(6) other land granted to
the state under the Alaska Mental Health Enabling Act that is acceptable to the
plaintiffs in Weiss v. State, 4FA-82-2208 Civil, and that has not, at the time
of acceptance by the plaintiffs, been designated by law as a state park, state
forest, state game refuge, state wildlife refuge, state game sanctuary, state
recreational area, state recreational river, state wilderness park, state
marine park, state special management area, state public use area, critical
habitat area, bald eagle preserve, bison range, or moose range; and
(7) additional land to be
conveyed to the authority under sec. 55 of this Act.
* Sec. 55. COMPENSATION TO TRUST FOR ORIGINAL MENTAL HEALTH LAND NOT RETURNED TO TRUST CORPUS. (a) The commissioner of natural resources shall convey to the Alaska Mental Health Trust Authority established under AS 47.30.011, added by sec. 26 of this Act, state land in trust in exchange for the original mental health land and interests therein not returned to the corpus under sec. 54(1) - (6) of this Act.
(b) The commissioner may not convey under this section
land in legislatively-designated areas unless specifically authorized by law.
In this subsection, "legislatively-designated areas" means land
designated by law as a state park, state forest, state game refuge, state
wildlife refuge, state game sanctuary, state recreational area, state
recreational river, state wilderness park, state marine park, state special
management area, state public use area, critical habitat area, bald eagle
preserve, bison range, or moose range.
(c) Exchanges under this section shall be based on equal
fair market value.
(d) Exchanges under this section shall involve, as nearly
as practicable, land of comparable character. In determining whether land
proposed for exchange is of comparable character, the factors to be considered
are:
(1) terrain;
(2) use;
(3) location;
(4) development potential;
(5) income potential;
(6) accessibility; and
(7) other physical
characteristics.
(e) Additional factors that shall be considered in
determining whether land proposed for exchange under this section should be
conveyed by the commissioner of natural resources in trust to the authority
are:
(1) ensuring an appropriate
diversity in the character of land in the trust corpus and in state ownership;
(2) additional development
and income generating potential as a result of trust ownership;
(3) the public interest in
retaining specific land in state ownership;
(4) public benefits resulting
from the exchange;
(5) benefits to the trust
resulting from the exchange; and
(6) efficiency of land
management resulting from the exchange.
(f) Exchanges under this section shall be negotiated by
the plaintiffs in Weiss v. State of Alaska, 4FA-82-2208 Civil, and the
commissioner of natural resources.
(g) The provisions of AS 38.50 do not apply to exchanges
under this section.
(h) If agreement cannot be reached between the plaintiffs
in Weiss v. State of Alaska, 4FA-82- 2208 Civil, and the commissioner of
natural resources under (f) of this section as to appropriate lands to be
conveyed to the trust as compensation or as to the value of the original lands
taken or of replacement lands, the Alaska Supreme Court shall resolve the
disagreements using the criteria set out in this section. The Alaska Supreme
Court may order the commissioner of natural resources to convey appropriate
state land to the trust without further legislative authorization.
* Sec. 56. SECURITY FOR COMPENSATION TO TRUST. (a) To secure the reconstitution of the trust as provided in secs. 54 and 55 of this Act, the land listed in "Lands Hypothecated to the Mental Health Trust, May 1991" located in the office of the director of the division of lands, Department of Natural Resources, in Anchorage, Alaska, is hypothecated to the mental health trust.
(b) Title to the land specified in (a) of this section
remains with the state, and so long as no default exists under secs. 54 and 55
of this Act, and AS 37.14.036(c), added by sec. 11 of this Act, any income from
that land shall be deposited in the general fund and considered unrestricted
general funds of the state.
(c) As the reconstitution of the trust provided under
secs. 54 and 55 of this Act is accomplished, and upon request, the hypothecated
land shall be released on a pro rata basis, provided, however, the remaining
hypothecated land shall at all times be sufficient to provide security for the
remaining exchanges to be accomplished under sec. 55 of this Act.
(d) Upon default, or if the trust is not reconstituted by
December 1, 1994, the foreclosure of the hypothecated lands, including the
parcels to be foreclosed and manner of foreclosure, shall be determined by the
court under sec. 57 of this Act.
* Sec 57. JURISDICTION ASSIGNED TO THE ALASKA SUPREME COURT. (a) Notwithstanding any other provision of law, the Alaska Supreme Court has original and exclusive jurisdiction to hear and determine any dispute arising under secs. 54 - 56 of this Act.
(b) If for any reason the Alaska Supreme Court determines
that the jurisdiction conferred under this Act is invalid, the superior court
shall have jurisdiction over proceedings described in (a) of this section.
(c) The Alaska Supreme Court or the Superior Court may
refer the proceedings under this section to a special master.
* Sec. 58. This Act takes effect upon entry of a final order dismissing Weiss v. State of Alaska, 4FA- 82-2208 Civil, and the expiration of any time for appeal. The superior court shall advise the lieutenant governor and the revisor of statutes when the final settlement and order of Weiss v. State of Alaska has been approved.