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Bill would aim to provide health treatment continuity for criminals

TIFFANY L. PARKS
Special to the Legal News

Published: August 31, 2015

Rep. Dorothy Pelanda, R-Marysville, has filed a bill into the Ohio General Assembly that would require a community health or addiction services provider to accept an assessment conducted by another provider if certain conditions are met, which would be in lieu of conducting an assessment of a client referred for treatment related to probation for a criminal offense.

Pelanda said House Bill 191 is rooted in focusing on the assessment of a client who has been referred to a community mental health or addiction services provider for treatment related to probation for a criminal offense.

The proposal would require a community mental health or addiction services provider accept an assessment conducted by another provider if the following apply: the assessment was conducted by a provider certified by the Ohio Department of Mental Health or contains elements comparable to those of an assessment required by rules adopted by the department; and the assessment was completed no earlier than a year prior to the date the client is to begin receiving services from the provider.

HB 191 would require a staff member who is authorized by the provider to conduct assessments to update, sign and date a copy of an assessment accepted.

The copy must be filed in the client’s record maintained by the provider.

“The need for this legislation was born out of discussions with adult probation department officials in my district,” Pelanda said, referencing a passage of the Ohio Administrative Code that states: “A program may accept an assessment from a program certified by the department or an assessment containing comparable elements of assessment required by this rule that has been completed within one year of the admission date of a client; however, a copy of the assessment shall be filed in the client’s record and updated, signed and dated by a staff member of the admitting program authorized to conduct an assessment.”

As currently written in code, Pelanda said a program has the option not to accept an assessment from another treatment agency and “may” choose to conduct its own assessment by their staff members.

“This current code section can result in delays to treatment services to the offender/client,” she said.

“By eliminating the word ‘may,’ replacing with the word ‘shall’ and codifying said language, this will enable offenders in the criminal justice system the ability to maintain a continuum of treatment services in a timely manner.”

Pelanda said offenders in the criminal justice system often have a need to change treatment providers for reasons such as relocation and mental health coverage.

If the treatment agency working with an offender is not willing to accept another treatment provider’s assessment, she said the offender is required to restart the treatment process.

“This proposed legislation will additionally save taxpayer dollars by eliminating unnecessary assessments and duplicative services,” she said.

HB 191 is co-sponsored by Rep. Louis Blessing, III.

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