A bill to provide for licensing of adult psychiatric residential treatment facilities; to allow for psychiatric services to be provided under a residential psychiatric program in adult psychiatric residential treatment facilities; to establish standards of care for adult psychiatric residential treatment facilities; to provide for the powers and duties of certain state departments and agencies; to prescribe certain fees; and to provide for penalties and remedies.
The bill mandates that any entity operating an APRTF must obtain a license from the Department of Licensing and Regulatory Affairs (LARA), with specific fees set at $500 for temporary, provisional, and regular licenses. The legislation outlines stringent standards of care, requiring APRTFs to provide a combination of residential, nutritional, supervisory, and personal care services, along with mental health and psychiatric services under the direction of a licensed physician. These facilities must be accredited by recognized organizations such as the Joint Commission on Accreditation of Healthcare Organizations or the Commission on Accreditation of Rehabilitation Facilities.
The bill introduces several modifications to existing laws, particularly the mental health code and public health code, by defining APRTFs distinctly from psychiatric hospitals, adult foster care facilities, and other similar institutions. It also stipulates that APRTFs must meet specific accreditation standards within three years of obtaining their initial license and maintain these standards to continue operations. The legislation empowers LARA to conduct unannounced inspections, investigate complaints, and enforce compliance through penalties, including fines of $500 for the first offense and $1,000 for subsequent offenses. Additionally, the bill allows for the immediate suspension, revocation, or modification of licenses if facilities fail to meet required standards or pose a risk to residents' health and safety.
Stakeholders impacted by this legislation include facility operators, healthcare professionals, and residents. Operators must adhere to rigorous licensing and operational standards, which may involve significant administrative and financial burdens. Healthcare professionals working in these facilities must ensure compliance with medication administration protocols and other care standards. Residents stand to benefit from enhanced oversight and improved quality of care, although the stringent regulations may limit the availability of such facilities.
Key timelines include the requirement for APRTFs to meet accreditation standards within three years of their initial license and the provision for temporary licenses valid for 90 days, renewable twice. The act is set to take effect 90 days after its enactment into law, providing a clear timeframe for stakeholders to prepare for compliance. The bill also includes provisions for the appointment of receivers to manage facilities in cases where conditions pose substantial risks to residents, ensuring continued care and safety.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
