Continuity of Care Task Force Minutes Friday, May 7, 2010 Harlingen, TX The Continuity of Care Task Force held a public meeting in the Rio Grande State Center Auditorium 1401 Rangerville Rd, Harlingen, TX 78551-2668 on Friday, May 7, 2010 from 12:30pm—2pm. Meeting Attendees Task Force Facilitator: Susan Stone Task Force Members: Emilie Becker, DSHS Sheriff Stan Parker, Howard County Shelley Smith, West Texas Centers for MHMR Other attendees: Representative Eddie Lucio III Public and other agency attendees: Terry Crocker, Tropical Texas Behavioral Health Lt. Jim Scheopner, Harlingen Police Department Alissa Bozeman, La Paz Community Mental Health Clinic Teresa Hall, La Paz Community Mental Health Clinic Rosie E. Cavzos, Valley Baptist Behavioral Jim VanNorman, Austin Travis County MHMR Audrey Munoz, South Texas Behavioral Health Joe J. Salazar, South Texas Behavioral Health Eva Bower-Lopez, Tropical Texas Behavioral Health Rick Gonzales, Tropical Texas Behavioral Health Holly Borel, Tropical Texas Behavioral Health Condi Aguirre, Tropical Texas Behavioral Health Clarence A. Ebanb, San Benito P.D. Ingrid Steinbach, Valley Baptist-Brownsville Joel Robles, Pharr Police Department Robert Lopez, Constable Pt. 4 Cesar Garcia, The Recovery Center of Cameron County, Inc. Lucy Garcia, South Texas Behavioral Jonathan S. Gill, Doctors Hospital-Edinburg Miguel Torres, Tropical Texas Behavioral Health Sonia Hernandez-Keeble, Rio Grande State Center Blas Ortiz, Rio Grande State Center Connie Martinez, Tropical Texas Behavioral Health 1 Melissa La Cruz, Tropical Texas Behavioral Health Sherry Russo, Valley Baptist Medical Center-Harlingen Linda Conti, South Texas Behavioral Health Homero Alaff, San Juan Police Department Administrative Staff: Nnenna Ezekoye, DSHS I. Welcome and Introduction—Susan Stone—12:30pm a. Introduction of task force members in attendance II. Task Force Recommendations Presentation—Susan Stone a. Background i. Changes in the forensic and civil commitment rates 1. increase in forensic and decrease in civil b. Task Force Goals c. Task Force Timeline d. Global Issues discussion i. Increase of forensic commitments ii. Cognizance that rural areas are different from urban areas iii. Issues surrounding children and adolescents e. Environmental Perspective i. Report will address some of the environmental and global aspects of mental health and treatment f. Data Development i. Task Force examined data about forensic and civil commitments, repeat commitments, outpatient competency restoration, criminal charges, multiple commitments, long term commitments, co-occurring disorders, guardianship, and housing. g. Policy and Practice i. Housing ii. Community supervision and medical necessity iii. Step-down levels of care iv. Funding for non-crisis services v. Need for cognitive rehabilitative services vi. Improved communication between courts and hospitals h. Medical Clearance—Shelley Smith and Stan Parker—12:53pm i. Discussion of medical clearance and the flowchart 1. Medical clearance requires large amounts of law enforcement time waiting for the patient to be medically cleared 2. Texas Council of Community MHMR Centers formed a workgroup of community centers and law enforcement to study the issue of medical clearance. 3. Workgroup decided that they would work on a chart to assist law enforcement in making the decisions about who should have medical clearance 2 a. Guide should be whether a sheriff would accept the person in a jail with that medical issue—see chart b. Recommended that each sheriff or jail come up with their own guide as to how their system for medical clearance will work 4. Discussion of how some community centers have found it cost effective to put a staff person in the hospital to do medical clearance i. Statutory Changes i. Clarify that maximum time commitment includes “time served” in jail from the date of booking ii. Include commitment expiration dates in court orders to facilitate communication between hospitals and courts iii. Limit of 90 days for misdemeanor commitments iv. Allow forensic expert reports about individuals not likely to be restored to competency in the foreseeable future for repeat forensic commitments v. Allow voluntary jail treatment for 14-21 days prior to evaluation for competency to stand trial vi. Clarify judicial authority under 46B.079(b)(2) (forced medications) vii. Link 17.032 provisions to Permanent Supportive Housing (PSH) legislative appropriations request—create incentives throughout 17.032 to utilize PSH for misdemeanor defendants viii. Extended outpatient commitments j. Training i. Provide training and educational opportunities about the mental health system, commitments, and community options for judges, prosecutors, defense attorneys, mental health professionals, law enforcement, and law schools k. Clinical changes i. Clinical competencies ii. Professional development iii. Salary analysis iv. Peer support approach v. Trauma informed care vi. Cognitive Rehab and appreciation of co-morbidities in RDM vii. Expanded time for testing, assessment, record analysis l. Interim recommendations i. Mental health code study ii. Consideration of Medicaid Waiver for mental health similar MR population iii. Study of long term hospitalization population iv. Improvement of data systems III. Representative Lucio a. Thanked the multiple groups for coming today to discuss these issues 3 b. Discussed the issues of beds, transportation, training, and community options c. Discussed the importance of citizen advocacy both in terms of agencies and also with elected representatives i. Encouraged the audience to go to their elected officials with ideas to save money, create better programs, and improve their communities IV. Public Comments a. Discussion about whether the data the Task Force examined included jail data because jails are often the first screening for mental health i. The Task Force did not examine jail data because it would require requesting jail data from all 254 Texas counties b. Discussion about whether law enforcement should have to obtain LMHA permission to have someone admitted to the state hospital if the person is exhibiting a mental health issue. c. Medical clearance i. some private hospitals require medical clearance to send people to private psychiatric facilities ii. Tropical Texas doesn’t require medical clearance 1. They do a screening phone call that has been very effective d. State Hospital bed reduction i. Discussion about reduction of 200 state hospital beds ii. Reduction would force communities to use more private psychiatric facilities, which cost more iii. Concern that bed reduction will just increase the strain on jails and counties e. Transportation i. Discussion about how the requirement to transport people to state hospitals takes up substantial law enforcement time and money. 1. under current law enforcement is allowed to physically restrain people for transport to a state hospitals; state hospitals cannot restrain unless medically necessary ii. Transportation also becomes an issue if the closest state hospital is on diversion and must divert new patients to other much more distant state hospitals iii. Recommendation that DSHS take up the responsibility for transportation 1. Rep. Lucio discussed how any recommendation concerning mental health transportation includes training and safety precautions. f. Emergency Detention i. Recommendation to have a judge issue a warrant for an emergency detention either over the phone or email (Health and Safety Code § 573.011) ii. Recommendation to have additional training or statutory amendment of the emergency detention statute because law enforcement fearful 4 of using it because of concerns about unlawful restraint and fears or being sued.- (Health and Safety Code § 573.001) g. Recommendation to create or fund nursing home care that specializes in mental health treatment h. Discussion about what does law enforcement means under the mental health code—does the statutory term refer to just sheriffs or does it also encompass police officers, constables, etc. V. Adjourn 5