2024 Senate Bill 767

Appropriations: department of health and human services; appropriations for fiscal year 2024-2025; provide for.

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Introduced in the Senate

March 7, 2024

Introduced by Sen. Sylvia Santana (D-2)

Referred to the Committee on Appropriations

May 1, 2024

Reported with substitute S-1

May 2, 2024

Referred to the Committee of the Whole

May 7, 2024

Reported with substitute S-1

1. Amend page 132, line 27, after “psychiatry” by inserting “or other state-operated psychiatric facility”.

2. Amend page 132, line 28, by striking out the balance of the page through “facility.” on line 2 of page 133.

3. Amend page 133, line 3, by striking out “(c)” and inserting “(b)”.

4. Amend page 133, line 3, after “individuals” by inserting “determined not guilty by reason of insanity by an order of the probate court”.

5. Amend page 133, line 5, after “psychiatry” by inserting “or other state-operated psychiatric facility”.

6. Amend page 133, line 7, by striking out “(d)” and inserting “(c)”.

7. Amend page 133, line 7, after the first “of” by striking out “individuals” and inserting “adults”.

8. Amend page 133, line 9, after “center” by inserting “through the civil admissions process”.

9. Amend page 133, following line 10, by inserting:

“(d) The average number of children who, on the first day of each month, are waiting to receive admission into another state-operated hospital or center through the civil admissions process. The average described in this subdivision must be calculated based on the most recent 12 months.”.

10. Amend page 133, line 11, after “an” by striking out “individual” and inserting “adult”.

11. Amend page 133, line 13, after “process.” by inserting “The average described in this subdivision must be calculated based on the most recent 12 months.

(f) The average wait time for a child who is awaiting admission into another state-operated hospital or center through the civil admissions process. The average described in this subdivision must be calculated based on the most recent 12 months.”.

12. Amend page 133, line 14, by striking out “(f)” and inserting “(g)”.

13. Amend page 133, line 20, by striking out “(g)” and inserting “(h)”.

14. Amend page 133, line 20, after “of” by striking out the balance of the line through the first “psychiatry” on line 21 and inserting “adults admitted through the civil admission process that have been determined to be ready for discharge to the community, and the average wait time between being determined to be ready for discharge to the community and actual community placement”.

15. Amend page 133, following line 20, by inserting:

“(i) The number of children admitted through the civil admission process that have been determined to be ready for discharge to the community, and the average wait time between being determined to be ready for discharge to the community and actual community placement.

(j) The most recent 12-month total number of individuals determined not guilty by reason of insanity by an order of the probate court ordering the individual to be admitted into the center for forensic psychiatry or other state-operated psychiatric facility

(k) The most recent 12-month total number of adults requested to be admitted to a state-operated hospital or center through the civil admissions process.

(l) The most recent 12-month total number of children requested to be admitted to a state-operated hospital or center through the civil admissions process.”.

16. Amend page 133, line 22, by striking out “(h)” and inserting “(m)”.

17. Amend page 133, line 22, after “individuals” by striking out the balance of the line through the first “centers” on line 23 and inserting “determined not guilty by reason of insanity by an order of the probate court that were removed from the admissions waiting list and the reason for the removal from the admissions waiting list”.

18. Amend page 133, following line 23, by inserting:

“(n) The number of adults awaiting admission through the civil admission process removed from the admission waiting list and the reason for the removal from the admission waiting list.

(o) The number of children awaiting admission through the civil admission process removed from the admission waiting list and the reason for the removal from the admission waiting list.

(p) The number of individuals determined not guilty by reason of insanity by an order of the probate court and not admitted into the center for forensic psychiatry or other state-operated hospital or center, and the rationale for the individual not being admitted.

(q) The number of adults not admitted into the other state-operated hospitals or centers through the civil admissions process and the rationale for the individual not being admitted.

(r) The number of children not admitted into a state-operated hospital or center through the civil admission process and the rationale for the individual not being admitted.”.

19. Amend page 195, following line 4, by inserting:

“Sec. 1935. From the funds appropriated in part 1 for home help caregiver council, the department shall allocate $1,000,000.00 to support the creation of a home help caregiver council. Once established, the home help caregiver council will be tasked with providing supportive services to Medicaid enrollees accessing eligible community-based supports, their families, and those who serve them. Supportive services may include program orientation, training, and a patient matching services to home care workers.”.

Substitute S-1 concurred in by voice vote

May 14, 2024

Amendment offered by Sen. Michael Webber (R-9)

1. Amend page 132, following line 13, by inserting:

“Sec. 1057. Not later than October 1 of the current fiscal year, the department shall submit a report to the standard report recipients on the discipline or termination of employment of staff at the center for forensic psychiatry or other state-operated psychiatric facility. The report must include, but is not limited to, all of the following:

(a) The number of employees disciplined in the previous fiscal year, broken down by facility and date of discipline.

(b) The number of employees terminated in the previous fiscal year, broken down by facility and date of termination.

(c) The type of incident resulting in discipline, broken down by facility.

(d) The type of incident resulting in termination, broken down by facility.

(c) The number of incidents that involved the violation of a work rule, broken down by facility.

(d) The number of incidents that involved the violation of a criminal statue, broken down by facility.”.

The amendment failed by voice vote

Amendment offered by Sen. Michael Webber (R-9)

1. Amend page 24, following line 13, by inserting:

“State psychiatric hospital security upgrades

2,000,000”.

2. Amend page 24, line 19, after “$” by striking out “159,750,200” and inserting “161,750,200”.

3. Amend page 24, line 23, after “$” by striking out “96,750,200” and inserting “98,750,200” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 218, following line 11, by inserting:

“Sec. 1999. From the funds appropriated in part 1 for state psychiatric hospital security upgrades, the department shall allocate $2,000,000.00 to improve security and transparency at the state psychiatric hospitals and centers. Funds allocated in this section may be used for any measures necessary to ensure the safety of all employees, residents, and visitors while maintaining respect for privacy including, but not limited to, the following:

(a) Implementing measures designed to prevent escapes.

(b) Implementing measures to monitor staff behavior using audio or video methods.

(c) Implementing measures to monitor patient behavior using audio or video methods.”.

The amendment failed by voice vote

Amendment offered by Sen. Lana Theis (R-22)

1. Amend page 156, line 12, by striking out all of section 1508.

The amendment failed by voice vote

Amendment offered by Sen. Joseph Bellino (R-16)

1. Amend page 24, following line 11, by inserting:

“Pregnancy resource centers

2,500,000”.

2. Amend page 24, line 13, by striking out all of line 13.

3. Amend page 211, line 4, after “1973.” by inserting “(1)”.

4. Amend page 211, line 5, by striking out “reproductive health grant” and inserting “pregnancy resource centers”.

5. Amend page 211, line 6, after “$2,500,000.00” by striking out the balance of the line through the second “services” on line 11 and inserting “as grants to pregnancy resource centers operating in this state. In order to be eligible for grants under this section, a pregnancy resource center must provide family counseling and ultrasound imaging and must not provide medication assisted or surgical abortions.

(2) As used in this section, “pregnancy resource center” means a private nonprofit organization organized under the laws of this state that is exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, that promotes childbirth and alternatives to abortion, provides referrals and information, and may also provide other services related to pregnancy or postpregnancy.”.

The amendment failed by voice vote

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 45, following line 26, by inserting:

“Sec. 237. From the funds appropriated in part 1, the department and any contractors that provide employment services for home help caregivers are prohibited from making any deductions from the wages of home help caregivers deductions for the dues of a bargaining representative. The intent of this boilerplate is to protect the hard earned wages of home help caregivers.”.

The amendment failed 16 to 20 (details)

Amendment offered by Sen. Jonathan Lindsey (R-17)

1. Amend page 1, line 9, after “positions” by striking out “15,883.5” and inserting “15,900.5”.

2. Amend page 2, line 2, after “$” by striking out “37,710,684,000” and inserting “37,712,184,000”.

3. Amend page 2, line 6, after “$” by striking out “37,695,976,100” and inserting “37,697,476,100”.

4. Amend page 2, line 17, after “$” by striking out “6,683,117,500” and inserting “6,684,617,500”.

5. Amend page 20, line 8, after “positions” by striking out “487.0” and inserting “504.0”.

6. Amend page 20, line 9, after “administration--FTEs” by striking out “59.0” and inserting “76.0”.

7. Amend page 20, line 9, after “$” by striking out “11,129,400” and inserting “12,629,400”.

8. Amend page 20, line 11, after “$” by striking out “135,043,600” and inserting “136,543,600”.

9. Amend page 20, line 19, after “$” by striking out “44,947,700” and inserting “46,447,700” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed 16 to 20 (details)

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 3, line 26, after “positions” by striking out “193.7” and inserting “333.7”.

2. Amend page 3, line 27, after “operations--FTEs” by striking out “187.7” and inserting “327.7”.

3. Amend page 3, line 27, after “$” by striking out “26,773,600” and inserting “46,023,600”.

4. Amend page 4, line 3, after “$” by striking out “191,164,900” and inserting “210,414,900”.

5. Amend page 4, line 8, after “$” by striking out “25,494,300” and inserting “44,744,300” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed 16 to 20 (details)

Amendment offered by Sen. Mark Huizenga (R-30)

1. Amend page 24, following line 9, by inserting:

“Pediatric psychiatric urgent care center

15,000,000”.

2. Amend page 24, line 19, after “$” by striking out “159,750,200” and inserting “174,750,200”.

3. Amend page 24, line 23, after “$” by striking out “96,750,200” and inserting “111,750,200” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 218, following line 11, by inserting:

“Sec. 2001. From the funds appropriated in part 1 for pediatric psychiatric urgent care center, the department shall allocate $15,000,000.00 to a nonprofit organization organized under the laws of this state that is exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, that was founded in 1910, and that offers a full continuum of behavioral health services, including psychiatric urgent care; inpatient and partial hospitalization; residential, outpatient, and teletherapy services; addiction treatment and recovery; extensive child and adolescent programs; senior care services; and specialized assessment and treatment clinics. The funds allocated under this section must be used to open a pediatric psychiatric urgent care center to provide all of the following:

(a) Psychiatric assessments.

(b) Referrals into inpatient and other services.

(c) Prescriptions.

(d) Aftercare planning, workforce development, and telehealth technology improvements.”.

The amendment failed 16 to 20 (details)

Amendment offered by Sen. Rick Outman (R-33)

1. Amend page 23, following line 22, by inserting:

“Hospital grant matching funds

6,8950,000”.

2. Amend page 24, line 19, after “$” by striking out “159,750,200” and inserting “166,645,200”.

3. Amend page 24, line 23, after “$” by striking out “96,750,200” and inserting “103,645,200” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 218, following line 11, by inserting:

“Sec. 2003. From the funds appropriated in part 1 for hospital grant matching funds, the department shall allocate $6,895,000.00 to a hospital located in a village with a population between 250 and 1,000 within a county with a population between 61,300 and 63,900 according to the most recent federal decennial census as matching funds for a Federal grant.”.

The amendment failed by voice vote

Amendment offered by Sen. Rick Outman (R-33)

1. Amend page 135, following line 12, by inserting:

“(s) The number of individuals under the age of 19 receiving services at the center for forensic psychiatry or other state-operated facility.

(t) Of the individuals identified in subdivision (s), the number of individuals who are in foster care.”.

The amendment failed by voice vote

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 13, line 20, after “costs” by striking out “700,000” and inserting “1,290,300”.

2. Amend page 13, line 25, after “$” by striking out “372,463,800” and inserting “373,054,100”.

3. Amend page 14, line 5, after “$” by striking out “286,349,400” and inserting “286,939,700” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 137, line 7, after “No.” by striking out the balance of the line through “167” on line 8 and inserting “497”.

The amendment failed by voice vote

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 119, following line 4, by inserting:

“Sec. 930. (1) Any contractor, subcontractor or other entity that receives appropriations from the Opioid Healing and Recovery Fund in part 1 is prohibited from utilizing those funds for purposes other than those described in Exhibit E of the Janssen settlement.

(2) Any local entity that receives funds related to an opioid settlement either as a direct disbursement or as a pass-through from the State is prohibited from utilizing those funds for a scope or purposes other than those strictly delineated in Exhibit E of the Janssen settlement.

(3) As used in the section “Janssen settlement” means the master settlement agreement arising out of In re Nat’l Prescription Opiate Litigation, multidistrict litigation consolidated in the United States District Court for the Northern District of Ohio, Case No. 1:17-MD-2804, and entered into by this state with Janssen Pharmaceuticals, Inc.”.

The amendment failed 16 to 20 (details)

Passed in the Senate 20 to 16 (details)

Received in the House

May 14, 2024