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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                    SENATE  CONCURRENT
                        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
13   June 30, 2000, to implement a system of care to provide
14   services for the Felix class; and
15   
16        WHEREAS, the Legislative Auditor, by special request of
17   the 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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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


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

 
 
 
 
 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


 1   human resources; now, therefore,
 2   
 3        BE IT RESOLVED by the Senate of the Twentieth Legislature
 4   of the State of Hawaii, Regular Session of 1999, the House of
 5   Representatives concurring, that there is established a Joint
 6   Legislative Committee on Child and Adolescent Mental Health
 7   (Joint Legislative Committee); and
 8   
 9        BE IT FURTHER RESOLVED that the Joint Legislative
10   Committee:
11   
12        (1)  Address the concerns and recommendations raised by
13             the Legislative Auditor's Report No. 98-20,
14             "Assessment of the State's Efforts Related to the
15             Felix Consent Decree";
16   
17        (2)  Determine the extent of coordination between the
18             Department of Education and DOH in the delivery of
19             needed services for Felix class members; and
20   
21        (3)  Examine fiscal issues and implications needed for
22             compliance;
23   
24   and
25   
26        BE IT FURTHER RESOLVED that the Joint Legislative
27   Committee be composed of seven members as follows:
28   
29        (1)  The Chair or Vice-Chair of the House Committees on:
30   
31             (A)  Health;
32   
33             (B)  Education;
34   
35             (C)  Human Services; and
36   
37             (D)  Finance;
38   
39   and
40   
41        (2)  The Chair or Vice-Chair of the Senate Committees on:
42   

 
 
 
 
 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


 1             (A)  Heath and Human Services;
 2   
 3             (B)  Education and Technology; and
 4   
 5             (C)  Ways and Means;
 6   
 7   and
 8   
 9        BE IT FURTHER RESOLVED that the Joint Legislative
10   Committee establish an expert panel, whose members would
11   include representatives from the Department of Health, the
12   Department of Human Services, and nationally-recognized
13   professionals in relevant fields, to:
14   
15        (A)  Advise the Joint Legislative Committee;
16   
17        (B)  Evaluate the cost-effectiveness of current plans to
18             meet the terms of the consent decree; and
19   
20        (C)  Provide alternative models for compliance;
21   
22   and
23   
24        BE IT FURTHER RESOLVED that the Joint Legislative
25   Committee form a resource committee of persons in the private
26   sector representing parent organizations, consumer groups, and
27   provider groups, which are concerned with issues relating to
28   this measure; and
29   
30        BE IT FURTHER RESOLVED that the Legislative Reference
31   Bureau assist the Joint Legislative Committee in research and
32   in submitting findings and recommendations to the Legislature;
33   and
34   
35        BE IT FURTHER RESOLVED that the Joint Legislative
36   Committee submit its findings and recommendations to the
37   Legislature no later than twenty days prior to the convening of
38   the Regular Session of 2000; and
39   
40        BE IT FURTHER RESOLVED that certified copies of this
41   Concurrent Resolution be transmitted to the Speaker of the
42   House of Representatives, the President of the Senate, the
43   Felix Operational Manager, and the Director of the Legislative
44   Reference Bureau.