DE SB245

Establishes a Behavioral and Mental Health Commission composed of 26 members including 9 state agency heads, 13 governor-appointed members representing healthcare professionals and advocacy organizations, and 4 legislative appointees.

Commission shall provide oversight of Delaware's behavioral and mental health system, analyze gaps in services, and periodically report to the General Assembly with recommendations for legislative action to improve access to care.

Creates an Adult Mental Health Peer Review Subcommittee within the Commission to oversee treatment of adults with serious and persistent mental illness who may be at risk of unnecessary institutalization, consistent with Americans with Disabilities Act requirements.

Peer Review Subcommittee meetings and documents are confidential and not subject to Freedom of Information Act requirements, except for agendas and minutes from its required 2 annual public meetings.

Peer Review Subcommittee receives critical incident and death reports from Department of Health and Social Services for individuals meeting specified criteria and may provide recommendations, but cannot direct state agency operations or interfere with internal investigations.