HOUSE OF REPRESENTATIVES             H.R. NO.66            
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE RESOLUTION

ESTABLISHING A JOINT LEGISLATIVE COMMITTEE ON CHILD AND
   ADOLESCENT MENTAL HEALTH.



 1       WHEREAS, the Felix consent decree is the outcome of a 1993
 2   lawsuit filed against the State in the U.S. District Court on
 3   behalf of seven children, their parents or guardians, and
 4   mental health advocates; and
 5   
 6       WHEREAS, the lawsuit alleged that qualified handicapped
 7   children were not receiving necessary educational and mental
 8   health services and that the the State was in violation of two
 9   federal laws, the Individual with Disabilities Education Act
10   and Section 504 of the Rehabilitation Act of 1973; and
11   
12       WHEREAS, the State has until the court-ordered date of June
13   30, 2000, to implement a system of care to provide services for
14   the Felix class; and
15   
16       WHEREAS, the Legislative Auditor, by special request of the
17   President of the Senate and the Speaker of the House of
18   Representatives, conducted a comprehensive assessment of the
19   State's current efforts and all expenditures related to the
20   Felix consent decree; and
21   
22       WHEREAS, the Auditor's findings concluded that:
23   
24       (1)  The State's failure to ensure that the Felix consent
25            decree requirements are clear makes the goal of
26            compliance a moving target;
27   
28       (2)  The State does not clearly and accurately identify
29            funding related to the consent decree; and
30   
31       (3)  The State's efforts to comply with the Felix consent
32            decree are characterized by a lack of leadership,
33            which results in inefficient delivery of
34            educationally-related mental health services;
35   
36   and

 
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 1       WHEREAS, the Auditor recommended that:
 2   
 3       (1)  The Governor ensure that the Felix Operational
 4            Management Team aggressively pursue clarification of:
 5   
 6            (A)  The working definition for the Felix class; and
 7   
 8            (B)  The maintenance of effort requirement;
 9   
10       (2)  The Governor and the Board of Education report all
11            funding for Felix services with the same definitions
12            of budget and expenditure terms between departments
13            and from one year to the next;
14   
15       (3)  The Governor ensure that the Felix Operational
16            Management Team carries out its role of ensuring that
17            quality of services are provided consistently and in a
18            coordinated and timely manner;
19   
20       (4)  The Felix Operational Manager ensure that the
21            Department of Health (DOH) and the Department of Human
22            Services' Med-QUEST Division work together to develop
23            a plan for the Child and Adolescent Mental Health
24            Division (CAMHD) to access federal Medicaid/QUEST
25            funding for services provided to eligible children;
26   
27       (5)  DOH's CAMHD establish uniform payment schedules for
28            mental health services; and
29   
30       (6)  The Felix Operational Management Team ensure that
31            reimbursement of federal funds is pursued in a
32            systematic manner and report to the Legislature on the
33            status on efforts to maximize federal fund
34            reimbursements;
35   
36   and
37   
38       WHEREAS, if the State, with a little over a year to fulfill
39   the requirements of the consent decree, is found not in
40   compliance, it would cost the State millions in fiscal and
41   human resources; now, therefore,
42   
43       BE IT RESOLVED by the House of Representatives of the
44   Twentieth Legislature of the State of Hawaii, Regular Session
45   of 1999, that there is established a Joint Legislative
46   Committee on Child and Adolescent Mental Health (Joint
47   Legislative Committee); and

 
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                                  H.R. NO.66            
                                                        
                                                        

 
 1       BE IT FURTHER RESOLVED that the Joint Legislative
 2   Committee:
 3   
 4       (1)  Address the concerns and recommendations raised by the
 5            Legislative Auditor's Report No. 98-20, "Assessment of
 6            the State's Efforts Related to the Felix Consent
 7            Decree";
 8   
 9       (2)  Determine the extent of coordination between the
10            Department of Education and DOH in the delivery of
11            needed services for Felix class members; and
12   
13       (3)  Examine fiscal issues and implications needed for
14            compliance;
15   
16   and
17   
18       BE IT FURTHER RESOLVED that the Joint Legislative Committee
19   be composed of seven members as follows:
20   
21       (1)  The Chair or Vice-Chair of the House Committees on:
22   
23            (A)  Health;
24   
25            (B)  Education;
26   
27            (C)  Human Services; and
28   
29            (D)  Finance;
30   
31   and
32   
33       (2)  The Chair or Vice-Chair of the Senate Committees on:
34   
35            (A)  Heath and Human Services;
36   
37            (B)  Education and Technology; and
38   
39            (C)  Ways and Means;
40   
41   and
42   
43       BE IT FURTHER RESOLVED that the Joint Legislative Committee
44   establish an expert panel, whose members would include
45   nationally-recognized professionals in relevant fields, to:

 
 
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 1       (A)  Advise the Joint Legislative Committee;
 2   
 3       (B)  Evaluate the cost-effectiveness of current plans to
 4            meet the terms of the consent decree; and
 5   
 6       (C)  Provide alternative models for compliance;
 7   
 8   and
 9   
10       BE IT FURTHER RESOLVED that the Joint Legislative Committee
11   submit its findings and recommendations to the Legislature no
12   later than twenty days prior to the convening of the Regular
13   Session of 2000; and
14   
15       BE IT FURTHER RESOLVED that certified copies of this
16   Resolution be transmitted to the Speaker of the House of
17   Representatives, the President of the Senate, and the Felix
18   Operational Manager.
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