The House Human Services Committee opened a hearing on House Bill 1108, legislation to authorize interstate contracts for the treatment of persons with mental illness or substance use disorder and to declare an emergency, Representative Lori Beth Hager said.
Supporters told the committee the bill would streamline access to care across state lines, clarify which state bears financial responsibility, and reduce burdens on emergency departments and law enforcement when patients on commitment or probation seek treatment outside their home state.
Representative Lori Beth Hager, the bill sponsor, said the legislation ‘‘will establish interstate contracts and parameters for financial responsibility when a person's treatment is provided by a facility in a bordering state.’’ She framed the measure as a modernization to respond to an increase in individuals needing treatment and to remove state-boundary barriers to timely care.
Senator Tim Mathern, cosponsor from Fargo, said the concept dates to an effort begun about 30 years ago and that the current bill updates and clarifies the prior law. Mathern said the bill was originally drafted by Jonathan Ulm for the Department of Human Services and asked the committee for a ‘‘do pass’’ recommendation.
Ty Hagel, CEO of Prairie Saint John's in Fargo, testified the region’s behavioral health system frequently treats patients who live near state borders and that the facility’s catchment area spans a large multi-state region. Hagel said Prairie Saint John's operates a 132-bed acute psychiatric hospital and that, in one nine-month period, the facility had to turn away about 1,100 patients from Minnesota because of interstate technicalities. ‘‘This is risk reduction for law enforcement,’’ Hagel said, and adding the bill would ‘‘provide closer access to care for these patients.’’ He also told lawmakers that about 80 percent of the referrals for these patients originate in emergency departments.
Committee members asked whether cross-border treatment would create reimbursement issues. Hagel replied, ‘‘No. I do not believe there'll be any issues with reimbursement,’’ saying payment for patients varies by payer (private insurance, Medicaid or Medicaid expansion) and by provider contracts.
Multiple health-sector groups and advocates spoke in favor of the bill, including a citizen representing the National Alliance on Mental Illness (NAMI North Dakota), the North Dakota Hospital Association and the North Dakota Medical Association, each urging the committee to support measures that expand timely access to behavioral health care.
The hearing record shows questions from committee members about whether the companion legislation in Minnesota and potential changes in South Dakota and Montana would be needed for reciprocal arrangements; witnesses said Minnesota is expected to pursue a companion bill and other states would have an opportunity to update their interstate agreements. The committee closed the hearing on House Bill 1108 without a recorded committee vote during that session.
The bill would not itself change payment rates; witnesses said reimbursement depends on the payer and contracts. Supporters said the bill clarifies the state code language that currently limits options for judges, probation officers and providers to place or accept patients across state lines.