Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 872.1
                                               HOUSE BILL NO. 872
                        INTRODUCED BY B. KEENAN, L. JONES, J. ESP, C. SPRUNGER
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING BEHAVIORAL HEALTH SYSTEMS; ESTABLISHING
  THE BEHAVIORAL HEALTH SYSTEM FOR FUTURE GENERATIONS ADVISORY COMMISSION;
  OUTLINING THE DUTIES AND ROLE OF THE ADVISORY COMMISSION; ESTABLISHING MEETING
  DATES; PROVIDING FOR PUBLIC COMMENT; PROVIDING FOR A PRESENTATION OF THE ADVISORY
  COMMISSION'S RECOMMENDATIONS TO LEGISLATIVE COMMITTEES; PROVIDING FOR
  CONSIDERATION OF LEGISLATOR INPUT; PROVIDING THAT THE GOVERNOR MAY APPROVE OR
  MODIFY THE RECOMMENDATIONS; PROVIDING APPROPRIATIONS; PROVIDING AN APPROPRIATION;
  AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.        Behavioral health system for future generations advisory
  commission. (1) There is a behavioral health system for future generations advisory commission.
          (2)      The advisory commission consists of:
          (a)      two senators, one from the majority party and one from the minority party, appointed by the
  committee on committees;
          (b)      two representatives, one from the majority party and one from the minority party, appointed by
  the speaker of the house; and
          (c)      three members, including the director of the department of public health and human services,
  appointed by the governor.
          (3)      For legislative appointments, legislators serving as members of the legislative finance
  committee, the health and human services interim budget committee provided for in 5-12-501, and the children,
  families, health, and human services interim committee from the 2025 biennium are given preference.
          (4)      Appointed members of the advisory commission must be compensated and receive travel
  expenses as provided for in 2-15-124 for each day in attendance at commission meetings or in the performance
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68th Legislature 2023                                                                                           HB 872.1
  of any duty or service as a commission member.
             (5)   The department of public health and human services shall staff the advisory commission.
             (6)   The advisory commission shall elect a chair from the legislative branch. The director of the
  department of public health and human services shall serve as the vice chair.
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             NEW SECTION. Section 2.      Commission -- meetings -- recommendations. (1) The advisory
  commission shall recommend how funds allocated to the department of public health and human services
  through the state special revenue fund established in [section 3] are expended.
             (2)   The advisory commission shall hold its first meeting no later than August 1, 2023, and set its
  future meeting dates.
             (3)   The advisory commission shall reserve time at each commission meeting for stakeholder
  engagement and public comment. Public participation is encouraged.
             (4)   The advisory commission shall submit a report of its recommendations to the office of budget
  and program planning and to the legislative fiscal analyst by May 1, 2024. The report must include the
  following:
             (a)   initiatives that address behavioral health;
             (b)   initiatives that assist those with developmental disabilities; and
             (c)   the amount of funding required for the initiatives.
             (5)   Within 60 days of submitting its recommendations to the office of budget and program planning
  and the legislative fiscal analyst, the advisory commission, in cooperation with the department of public health
  and human services, shall present the recommendations to the following legislative committees, who shall meet
  jointly:
             (a)   the legislative finance committee;
             (b)   the health and human services interim budget committee provided for in 5-12-501; and
             (c)   the children, families, health, and human services interim committee.
             (6)   (a) Following the presentation before the joint meeting of the three committees the advisory
  commission shall meet to consider the comments from committee members and the public and may revise or
  amend its recommendations, if desired.
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68th Legislature 2023                                                                                              HB 872.1
           (b)      The final recommendations of the advisory commission must be transmitted to the governor by
  the office of budget and program planning for consideration by the governor only after the commission has met
  to consider the comments from committee members and the public pursuant to subsection (6)(a).
           (7)      The governor may modify recommendations and must provide the list of approved
  recommendations and amounts to the advisory commission, the office of budget and program planning, the
  department of public health and human services, and to the health and human services interim budget
  committee. If the governor modifies the list of recommendations and amounts submitted by the advisory
  commission, the department of public health and human services shall report and explain the change to the
  advisory commission and to the health and human services interim budget committee at the next scheduled
  meetings.
           (8)      If the governor later determines that a recommended initiative cannot be completed, the
  governor may authorize a different initiative. Prior to implementing a different initiative, the department of public
  health and human services shall present a report on the new initiative to both the advisory commission and the
  health and human services interim budget committee.
           (9)      At any time during the process outlined in this section, if a legislator does not approve of the
  recommended initiatives or the amounts for funding, the legislator may initiate the provisions of 5-3-105 to
  request a poll of the legislature to hold a special session.
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           NEW SECTION. Section 3.              Behavioral health system for future generations fund. (1) There is an
  account in the state special revenue fund established in 17-2-102 to be known as the behavioral health system
  for future generations fund.
           (2)      There must be deposited in the account money received from legislative general fund transfers.
           (3)      Eligible uses of the fund include:
           (a)      medicaid and CHIP matching funds for payments made to state behavioral health settings;
           (b)      medicaid and CHIP matching funds for payments made to state intermediate care facilities for
  individuals with intellectual disabilities;
           (c)      statewide community-based investments to stabilize behavioral health and developmental
  disabilities service providers and delivery, increase and strengthen the behavioral health and developmental
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68th Legislature 2023                                                                                              HB 872.1
  disabilities workforce, increase service capacity to meet identified behavioral health and developmental
  disabilities services demands, and increase opportunities for Montanans to receive integrated physical and
  behavioral healthcare;
           (d)      acquisition of new or remodeling of existing infrastructure or property to support the
  establishment of state behavioral health settings and state intermediate care facilities for individuals with
  intellectual disabilities;
           (e)      planning, operation, or other contract expenses associated with state intermediate care
  facilities for individuals with intellectual disabilities;
           (f)      planning, operation, or other contract expenses associated with state behavioral health
  settings; and
           (g)      studying and planning of the development of a comprehensive behavioral health system.
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           NEW SECTION. Section 4.            Transfer of funds. (1) No later than June 30, 2023, the state treasurer
  shall transfer $225 million from the general fund to the account established in [section 3].
           (2)      No later than June 30, 2023, the state treasurer shall transfer $75 million from the general fund
  to the capital developments long-range building program account provided for in 17-7-209.
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           NEW SECTION. Section 5.            Appropriations. (1) There is appropriated $40 million to the department
  of public health and human services on passage and approval of [this act] through the biennium beginning July
  1, 2023, from the account established in [section 3] to pay for eligible uses identified in [section 3].
           (2)      There is appropriated $30 million to the department of public health and human services for the
  fiscal year beginning July 1, 2024, from the account established in [section 3] to pay for eligible uses identified
  in [section 3].
           (3)      Any funds remaining in the fund established in [section 3] are subject to legislative
  appropriation.
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           NEW SECTION. Section 6.            Appropriation for capital projects. (1) No later than July 1, 2024, and
  only after the advisory commission transmits its recommendations to the governor after following the process
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68th Legislature 2023                                                                                                HB 872.1
  set forth in [section 2], there is appropriated $75 million to the department of administration from the capital
  developments long-range building program account in the capital projects fund type provided for in 17-7-209 for
  the behavioral health system for future generations capital development.
          (2)      (a) Pursuant to 17-7-210, if construction of a new facility requires an immediate or future
  increase in state funding for program expansion or operations and maintenance, the legislature may not
  authorize the new facility unless it also appropriates funds for the increase in state funding for program
  expansion and operations and maintenance. To the extent allowed by law, at the end of each fiscal year
  following approval of a new facility but prior to receipt of its certificate of occupancy, the appropriation made in
  subsection (3) reverts to its originating fund. The appropriation is not subject to the provisions of 17-7-304.
          (b)      It is the legislature's intent that the appropriation in subsection (3) become part of the
  respective agency's base budget for the biennium beginning July 1, 2025.
          (3)      The amount of $1,661,426 is appropriated for the biennium beginning July 1, 2023, to the
  department of public health and human services from the account established in [section 3] for program
  expansion or operations and maintenance for the indicated new facility.
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          NEW SECTION. Section 7.         Planning and design. The department of administration may proceed
  with the planning and design of capital projects in [section 6] prior to the receipt of other funding sources. The
  department may use interentity loans in accordance with 17-2-107 to pay planning and design costs incurred
  before the receipt of other funding sources.
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          NEW SECTION. Section 8.         Review by department of environmental quality. The department of
  environmental quality shall review capital projects authorized in [section 6] for potential inclusion in the state
  building energy conservation program under Title 90, chapter 4, part 6. When a review shows that a capital
  project will result in energy or utility savings and improvements, that project must be submitted to the energy
  conservation program for funding consideration by the state building energy conservation program. Funding
  provided under the energy conservation program guidelines must be used to offset or add to the authorized
  funding for the project, and the amount must be dependent on the annual utility savings resulting from the
  capital project. The department of public health and human services must be notified of potential funding after
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68th Legislature 2023                                                                                                HB 872.1
  the review and is obligated to utilize the state building energy conservation program funding, if available.
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          NEW SECTION. Section 9.          Legislative consent. The appropriation authorized in [section 6]
  constitutes legislative consent for the capital project contained in [section 6] within the meaning of 18-2-102.
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          NEW SECTION. Section 10. Codification instruction. [Section 3] is intended to be codified as an
  integral part of Title 50, chapter 1, part 1, and the provisions of Title 50, chapter 1, part 1, apply to [section 3].
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          NEW SECTION. Section 11.          Effective date. [This act] is effective on passage and approval.
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          NEW SECTION. Section 12.          Termination. [Sections 1 and 2] terminate July 1, 2025.
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