HOUSE BILL NO. 1758

By Representatives Eckles, Givens, Head, John DeBerry, Pruitt, Brenda Turner, McMillan, Ralph Cole, Fitzhugh, Kent, Stulce, Brown, Wood, Bowers, Brooks, Miller, Larry Turner, Fraley, Langster

Substituted for: Senate Bill No. 107

By Senator Rochelle

AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 2, relative to mental health services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 33, is amended by adding the following language:

As used in this title unless the context requires otherwise, terms shall have the following meanings:

(1) "Community mental health center" means a private entity qualified as a tax exempt organization under Internal Revenue Code 501(c)(3) or a public entity created by private act of the General Assembly; provided, however, prior to July 1, 1992, such entity must have been an approved provider in Tennessee under the Medicaid Clinic Option and a grantee of the Department of Mental Health and Mental Retardation. If any such entity underwent a corporate name change or corporate restructuring since July 1, 1992, then the successor or surviving corporation shall be deemed to be a community mental health center for purposes of this definition.

(2) "Community mental health agency" means a private entity qualified as a tax exempt organization under Internal Revenue Code 501(c)(3) or a public entity created by private act of the General Assembly which was a grantee of the Department of Mental Health and Mental Retardation for fiscal year 1995-1996. If any such entity underwent a corporate name change or corporate restructuring since July 1, 1995, then the successor or surviving corporation shall be deemed to be a community mental health agency for purposes of this definition.

SECTION 2. On or before March 2, 1998, the Comptroller of the Treasury shall perform an evaluation of the mental health services delivery system in Tennessee and shall report to the General Assembly on the extent, if any, to which there is a need for appropriate State actions to ensure that:

(a) a continuum of essential mental health services is readily available and accessible to citizens throughout the State who for any reason are not eligible for services through the Medicaid program or any waiver granted under the Medicaid program, specifically including the TennCare program; and/or

(b) mental health counseling, treatment and support services are readily available and accessible to citizens throughout the State who are affected by disastrous, catastrophic or unforeseen events of great misfortune or public loss.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.