H 5276

SECTION 1. Section 1 of Chapter 123 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the following definition:- “Community Alternative,” voluntary treatment, services or supports provided in community-based settings as an alternative to hospitalization that include, but are not limited to: (i) crisis services provided through mobile crisis intervention, behavioral health urgent care and community crisis stabilization programs and other voluntary services provided at or by community behavioral health centers as defined in section 16EE of chapter 6A; (ii) MassHealth Behavioral Health (“BH”) Urgent Care; (iii) services offered through the children’s behavioral health initiative or behavioral health services for children and adolescents; (iv) technologically supported behavioral health services and supports, including, but not limited to, the behavioral health helpline and the federally-designated 988 suicide prevention and behavioral health crisis hotline; (v) peer respite and other peer-run programs and services; and (vi) additional services, supports or settings so designated by the department. SECTION 2. Section 12 of said chapter 123, as so appearing, is hereby amended by striking subsection (a) and inserting in place thereof the following subsection:- (a) Prior to restraining or authorizing the restraint of a person and applying for the hospitalization of a person under this section, an individual authorized to restrain or authorize the restraint of a person and apply for such hospitalization must first determine that there is no appropriate community alternative for the person. If there is an appropriate community alternative and the person consents to such community alternative, the applicant shall, if applicable, arrange for transport, by ambulance or otherwise, to the community alternative. A physician who is licensed pursuant to section 2 of chapter 112, an advanced practice registered nurse authorized to practice as such under regulations promulgated pursuant to section 80B of said chapter 112, a qualified psychologist licensed pursuant to sections 118 to 129, inclusive, of said chapter 112 or a licensed independent clinical social worker licensed pursuant to sections 130 to 137, inclusive, of said chapter 112 who, after examining a person, has reason to believe that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness may, upon determining there is no appropriate community alternative or upon determining there is an appropriate community alternative but the person does not consent to such appropriate community alternative, restrain or authorize the restraint of such person and apply for the hospitalization of such person for a 3-day period at a public facility or at a private facility authorized for such purposes by the department. If an examination is not possible because of the emergency nature of the case and because of the refusal of the person to consent to such examination, the physician, qualified psychologist, qualified advanced practice registered nurse or licensed independent clinical social worker on the basis of the facts and circumstances may, after determining that there is no appropriate community alternative or after determining there is an appropriate community alternative but the person does not consent to such appropriate community alternative, determine that hospitalization is necessary and may therefore apply. In an emergency situation, if a physician, qualified psychologist, qualified advanced practice registered nurse or licensed independent clinical social worker is not available, a police officer who, after determining that there is no appropriate community alternative or after determining there is an appropriate community alternative but the person does not consent to such appropriate community alternative, believes that failure to hospitalize a person would create a likelihood of serious harm by reason of mental illness may restrain such person and apply for the hospitalization of such person for a 3-day period at a public facility or a private facility authorized for such purpose by the department. An application for hospitalization shall state: the community alternatives determined to be inappropriate; where applicable, the appropriate community alternatives determined to be appropriate but to which the person did not consent; the reasons for the restraint of such person; and any other relevant information that may assist the admitting physician or qualified advanced practice registered nurse. Whenever practicable, prior to transporting such person, the applicant shall telephone or otherwise communicate with a facility to describe the circumstances and known clinical history and to determine whether the facility is the proper facility to receive such person and to give notice of any restraint to be used and to determine whether such restraint is necessary. SECTION 3. Section 12 of Chapter 123 of the General Laws is hereby amended adding after subsection (e) the following subsections:- (f) The department shall collect information regarding all applications filed pursuant to this section, including the number of applications and other such information as may be relevant, including, but not limited to, information on the age, gender identity, race, ethnicity, insurance status and diagnosis of individuals subject to such applications. The department shall annually, not later than July 31, report to the house and senate committees on ways and means, the joint committee on public health and the joint committee on mental health, substance use and recovery the number of such applications, other information as may be relevant and any actions the department has taken in response to the information it has received, including any licensing actions; provided, however, that the report shall not include any personally identifiable information of individuals subject to such applications. (g) The department, in consultation with the secretary of health and human services, shall maintain a public-facing website that informs the public of community alternatives and the capacity of such community alternatives. The department shall update the website daily. The website shall provide the following information about each community alternative that has availability and capacity: (i) the name, location, telephone number and website of the community alternative; (ii) information about the types of payment, if any, that the community alternative accepts; and (iii) a description of the types of programs and services provided by the community alternative.