DE HB104

Establishes a 26-member Behavioral and Mental Health Commission composed of 9 state officials (by position), 13 governor-appointed members including healthcare professionals and peer recovery advocates, and 4 legislative members.

Creates an Adult Mental Health Peer Review Subcommittee (7-11 members) to provide peer review and oversight of behavioral and mental health services for adults with serious and persistent mental illness meeting specific criteria, including prior psychiatric hospitalization or criminal justice involvement.

Designates the Peer Review Subcommittee as a non-public entity exempt from Freedom of Information Act requirements, with closed meetings except for at least 2 annual public meetings to receive public comment.

Requires the Department of Health and Social Services to provide the Peer Review Subcommittee with critical incident reports, death reports, investigations, root cause analyses, and corrective action plans related to covered individuals.

Limits the Peer Review Subcommittee's authority to advisory functions; it may not direct state agency resources, personnel, or activities, nor interfere with internal agency review processes.