Bill
SB 514
Summary — SB 514: "MH Lic. Fair Practice & Efficiency Standards"Status: Introduced Feb 19, 2025 — Withdrawn from CommitteeThis summary describes the version of SB 514 titled “MH Li
Status: Introduced Feb 19, 2025 — Withdrawn from Committee
This summary describes the version of SB 514 titled “MH Lic. Fair Practice & Efficiency Standards,” which would change licensure, oversight, and review procedures administered by the Mental Health Licensure and Certification Section (within the Division of Health Service Regulation, DHHS/DHSR). The bill’s intent is to increase licensure efficiency, transparency, and procedural fairness for mental health, intellectual/developmental disability (MH/IDD) and substance use services (SUD) providers.
Key purposes
- Speed licensure so provider agencies can begin operations while hiring staff.
- Increase transparency about DHSR reviews and enforcement outcomes.
- Narrow and standardize inspection/review scope and improve notice to providers.
- Strengthen oversight of DHSR administrative actions and require corrective training if reversal rates are high.
Major provisions and changes
- Provisional Licensure on Staffing Plan: DHSR must issue licensure or provisional licensure when a provider submits a staffing plan and otherwise meets licensure requirements, allowing services to begin while hiring is completed. Denials of provisional licensure are subject to contested case procedures (Chapter 150B).
- Emergency Rulemaking: DHSR is granted emergency rulemaking authority to implement these changes promptly; emergency rules expected within 60 days of enactment.
- Quality Dashboard and Reporting:
- DHSR must establish a public quality dashboard (in collaboration with provider associations) reporting monthly on metrics such as numbers of licenses issued, timeliness of licensing, types/numbers of violations (Type A1, A2, B), corrective actions, suspensions/revocations, monetary penalties, appeals and whether appeals were overturned.
- Dashboard is to be published monthly (available within 5 days after month’s end, posted by the 10th).
- DHSR must submit quarterly reports to the Joint Legislative Oversight Committee summarizing dashboard data and recommended improvements.
- Review of Appeal Outcomes and Training Trigger:
- DHSR must review trends in appeals (including Office of Administrative Hearings outcomes).
- If ≥25% of DHSR-related cases filed in OAH are overturned in any quarter, all supervisors in the Mental Health Licensure and Certification Section must receive additional training and DHSR must conduct a root-cause analysis and propose remediation steps.
- Limits on Investigation Scope and Procedural Protections:
- Complaint-based investigations must be limited to issues raised in the complaint unless surveyors observe additional visible health/safety threats.
- Document requests must be limited to records relevant to the licensed service.
- Providers must receive in advance a summary of records to be reviewed and receive an exit summary of concerns at the time of survey completion.
- DHSR must provide a written report within five business days of a visit/inspection/provider review and include notice of due process rights.
- Providers receiving notices of revocation or suspension may request a reconsideration review with the DHHS Hearing Office to occur within 10 days.
- Definitions and Procedures:
- DHSR must adopt rules defining key terms (e.g., serious physical harm, neglect, imminent harm).
- DHSR must develop rules of engagement and standard operating procedures for interviews of clients and staff; these procedures are to be posted for public comment.
- Interviewing staff must meet training/competency standards.
- Confidentiality and provider anonymity requirements in stakeholder reviews.
Who is affected
- MH/IDD/SUD provider agencies (licensure applicants and currently licensed providers).
- DHSR (administrative workload, rulemaking, data collection and reporting).
- Clients served by MH/IDD/SUD providers (through procedural safeguards for interviews and clearer oversight).
- Legislative oversight bodies (Joint Legislative Oversight Committee).
Procedural/timeline aspects
- Emergency rule authority intended to speed implementation (rules filed within 60 days).
- Dashboard: monthly publication within 5 days after month end; posted by 10th.
- Reconsideration review for suspensions/revocations: must occur within 10 days of request.
- Training/root‑cause follow-up triggered if quarterly OAH overturn rate ≥25%.
Potential impacts (anticipated)
- Providers: faster ability to start services (provisional licensure) and greater transparency about DHSR actions; potentially fewer broad or unanticipated document requests.
- DHSR: increased administrative duties (dashboard, reports, rulemaking, root-cause analyses); new training obligations.
- Oversight: expanded legislative visibility into licensure/enforcement patterns intended to reduce erroneous enforcement actions and improve fairness.
Current status
- The bill as introduced (Feb 19, 2025) is noted as Withdrawn From Committee. If reintroduced, key features to watch are the emergency rule provisions, dashboard/reporting requirements, and the supervisory training trigger tied to appeals outcomes.
Compiled from official sources — confirm details with the bill’s official record.
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