Bill
HF 385
HF 385 requires facilities to refer involuntarily committed patients to an ASO before discharge, ensure 15-day med supply and postdischarge care, and boost aftercare and reporting.
Status and timing
- Bill: HF 385 — “Relating to discharge of involuntarily committed persons from a facility or a hospital”
- Introduced: February 13, 2025. Passed the House (as amended) March 20, 2025 (yeas 89, nays 0). Placed on calendar April 7, 2025.
- Effective date (as amended, S-3072): January 1, 2026.
Purpose and intent
- To strengthen and standardize discharge planning and postdischarge supports for persons involuntarily committed for substance use disorder or hospitalized for inpatient care for a serious mental impairment, with the goal of improving continuity of care and reducing gaps after discharge.
Key provisions
1. Referral to administrative services organization (ASO)
- Before discharge, facilities must refer the person to an ASO that will provide evaluation, system navigation, and postdischarge services.
2. Facility discharge duties (minimum)
- Assess the person for suicide risk.
- Provide a 15‑day supply of all prescribed medications at discharge. If payment is not covered by insurance/Medicaid, the facility may request reimbursement from the ASO.
- Provide a written discharge report to the person or their legal representative.
- Notify the ASO and the person’s legal guardian/appropriate contacts.
3. ASO responsibilities
- Coordinate postdischarge care: contact the discharged person to ensure attendance at appointments and receipt of needed services; timely follow‑up (including home visits, calls, other contact methods).
- Prepare a patient‑centered aftercare plan (including crisis prevention).
- Make quarterly reports to the Department of Health and Human Services (HHS) including number referred and outcomes. Reports are confidential and must comply with HIPAA.
- May delegate duties to a managed care organization (MCO) under contract with HHS for Medicaid‑eligible patients.
4. HHS duties
- Develop educational materials for facilities to provide at discharge (symptoms, warning signs, local/state services).
- Adopt administrative rules to implement the Act.
Who is affected
- People involuntarily committed for substance use disorder or serious mental impairment discharged from hospitals or mental health treatment facilities (including state MHIs).
- Mental health facilities and administrators who must carry out discharge steps.
- ASOs and, where applicable, MCOs administering postdischarge coordination.
- HHS (rulemaking, education materials, receipt of quarterly reports).
- Legal guardians, families, and community service providers involved in aftercare.
Fiscal and operational impacts
- Total fiscal impact not fully determined; expected to be significant.
- Based on FY 2024 data (381 MHI discharges) and cost estimates, providing a 15‑day supply of psychotropic meds could cost roughly $211,000–$286,000/year for the MHIs. (A previous version estimating a 30‑day supply projected about $422,000–$572,000/year.)
- Costs for nonpsychotropic medications and reimbursements from insurers/ASOs are uncertain.
Procedural notes
- Multiple House amendments adopted (H‑1130, H‑1141) adjusted language: reduced medication supply from 30 to 15 days, changed “case management” to “system navigation,” allowed ASO reimbursement requests, and allowed delegation to MCOs for Medicaid patients. S‑3072 added the Jan 1, 2026 effective date.
Compiled from official sources — confirm details with the bill’s official record.
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