SCS/HB 1081 - This act would allow the Department of Mental Health to use the funds in the Mental Health Earnings Fund for any program approved through the appropriations process. Thus, the funds would no longer be restricted for assistance in securing alcohol and drug rehabilitation services and the development and certification of alcohol-related traffic offender programs.

The act also authorizes the release to law enforcement officers, public health officers or to agents of the Department of Social Servicesof confidential information and records of voluntary or involuntary patients, residents or clients of a residential or day program operated, funded or licensed by the Department of Mental Health.

All such law enforcement officers, public health officers or agents of the Department of Social Services are obligated to keep the information and records confidential.

The act also changes the "overpayment" procedure currently being followed in the Department of Mental Health. Under this act, the Department will notify a vendor, in writing by certified mail, return receipt requested, of the amount of overpayment and request reimbursement. A vendor would be able to request a review of the overpayment and reimbursement request within 15 days of receipt of such notice. The Department of Mental Health shall review the overpayment within 15 days of such request.

If the overpayment is not fully repaid within 45 days of the date of the notice, the Department would be allowed to charge interest on the unpaid balance beginning from the date of the notice of overpayment. Interest shall accrue at a rate not to exceed prime plus 3%.

The Department would be allowed to establish a repayment plan with the vendor to recover the overpayment plus accrued interest over a period not to exceed 12 months.

If any portion of an overpayment plus accrued interest is not repaid pursuant to the plan, the Department may certify all or a portion of the amount due to the Attorney General's Office or take other appropriate action to collect the overpayment.

If any overpayment plus interest, not subject to a repayment plan, is not fully repaid within 6 months from the date of the notice of overpayment, the Department may certify the amount due to the Department of Revenue, the Office of the Attorney General or take other appropriate action to collect the overpayment.

This bill contains language from SB 727 and SB 751.
CHERYL GRAZIER