Article archive / July 1, 2013
Originally published: . Volume 4, No. 11. Source pages: 1, 4, 5.
The legislative session ended June 6 with last minute work on the state budget, HB 1. In what sources say was a compromise between House Democrats and House Fiscal Conservatives, and then between the House and Senate, the legislature passed the $25 billion budget.
Governor Jindal then used his line-item veto stripping $46 million from next year’s budget, mostly from higher education and health services, said a June 25 report for Times Picayune (NOLA.com).
The budget includes a pay increase for teachers, money for Southern University, and some efforts to reduce the use of one-time money. Governor Jindal’s vetos of funds for some Developmental Disabilities programs prompted a Letter to the Editor from the Governor to state newspapers (see this issue).
Department of Health and Hospitals and higher education took the major cuts, although the Governor noted in his announcement on June 21 that the $11 million cut to the Board of Regents is expected to be offset by increases in fees.
In the NOLA.com article, Health and Hospitals Secretary Kathy Kliebert said she worked to protect critical services when adjusting to the $26 million in cuts from state funds, which then doubled to $52 million with the loss of federal Medicaid matching funds.
Highlights of the session include:
• Legislation to create a new board for behavior analysts was signed by Governor Jindal June 17, becoming Act 351. The law goes into effect August 1, 2013.
• A bill establishing Mental Health Courts passed and was signed. It becomes Act 346, effective August 1. The law defines these mental health court treatment programs, including mental health court program, mental health court professional, post– adjudicatory mental health court programs, and co-occurring mental illness and substance abuse issues.
• The bill to criminalize sex with psychotherapy clients stalled in committee.
• A bill creating the “Fatherhood First” initiative passed, signed, and is effective in August. The secretary of the Dept. of Children and Family Services (DCFS) to convene and chair a “Fatherhood First Council.” Including in the council is the secretary or representative from: the Louisiana Workforce Commission, the Department of Education, Louisiana District Attorney’s Association. Two representatives from the Children’s Cabinet Advisory Board, one or more representatives of the clergy, and a member with expertise in male psychology and health are to be included.
• HB 281 was signed, becoming Act 308. Now, anyone providing mental health services who is not licensed under a state board will be required to be licensed under the Department of Health and Hospitals. Signed on June 17, the bill became effective when signed.
• The LPC board made changes in fee ranges and other aspects of the counselor law with SB 86, signed on June 7, becoming Act 173. New fee ranges and other items will go into effect January 1, 2014.
• The Louisiana Coalition for Violence Prevention was commended for it efforts to unite the behavioral health community in a violence reduction effort, in a Senate Concurrent Resolution.
• Two Anti-Human Trafficking bills were signed into law. HB 126 strengthens enforcement of current law that requires certain establishments to post the National Human Trafficking Hotline number. SB 88 helps sexually exploited children who may have been human trafficked by allowing for pre- adjudication diversion programs for juveniles alleged to have engaged in prostitution related offenses. This bill also creates a civil cause of action for victims, making victim restitution mandatory and establishing victim assistance guidelines for law enforcement, District Attorneys and the Attorney General’s office.
• SB 135 was passed having to do with increased reporting of mental health treatment. It requires increased reporting standards to the National Instant Criminal Background Check System (NICS) database, including individuals who are ineligible to purchase firearms based on their involuntary commitment to an inpatient mental facility, found not guilty by reason of insanity, found not competent to stand trial or who are convicted of a violent crime. This legislation also establishes a way for individuals whose mental illness diagnosis has been reversed to regain their right to possess a firearm through a petition to the court.
• HB 442, now Act 389, increases access to drug treatment for drug offenders. The bill removes some of the barriers to the judicial Drug Court probation program and administratively expands the use of mandatory substance abuse treatment for eligible non-violent, non-sex drug offenders by authorizing the Department of Corrections (DOC) to create a substance abuse probation program. The legislation also incentivizes treatment for some who are presently in prison, by offering early release and intensive parole supervision to first and second, non-violent, non-sex offenders who have served two years, are within one year of release and have successfully completed a 90-day drug treatment program.
SB 107 (Act 214) supports treatment of youth who are involved in both the child welfare and juvenile justice systems (“crossover youth”) through a case management system that builds on the Coordinated System of Care (CSOC) created in 2011 for youth with severe mental illness.
SB 32 (Act 29) was signed on May 29. The legislation helps veterans access veteran-specific mental health or substance abuse services by granting judges, when sentencing veteran defendants, the authority to require that the Department of Corrections partner with the Department of Veterans Affairs to identify existing support programs. This will help ensure the opportunity exists to offer mental health and/or substance abuse treatment specifically tailored for veteran offenders if treatment is appropriate.
• SB 204 (Act 360) provides $251.6 million in financing and construction for 29 projects at Louisiana Community and Technical College campuses. Included in the 29 projects are 25 workforce projects, three student testing, career and service centers, and one safety related project.
• House Bill 720 was signed and goes forward as an arrangement allowing Children’s Hospital to purchase the New Orleans Adolescent Hospital. Children’s will agree to add and additional 16 pediatric or adolescent behavior health care beds. The legislation also mandated the expansion of the Autism Center on the Children’s campus and increasing services for inpatient-to-outpatient behavioral transition care.
The bill to establish an independent board for behavior analysts, HB 134, was signed by Governor Jindal in June and became Act 351. The law takes effect August 1 and board appointments are in the process of being made. Above: Members of the study commission that helped designed much of the bill, listens to debate and discussion. (L to R) John McBride, LCSW, representing the Louisiana State Board of Social Work Examiners; Cassie Bradford, BCBA; Janice Huber, BCBA; Dr. Denise Arellano, representing the Psychology Department at McNeese State University; and Dr. Dolleen Day-Keohane, BCBA-D. Photo: M. Dooley
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