Bill Summary – FastDemocracy

Enrolled Copy                                                                              H.B. 66
             BEHAVIORAL HEALTH CRISIS RESPONSE COMMISSION
                                            AMENDMENTS
                                       2023 GENERAL SESSION
                                            STATE OF UTAH
                                   Chief Sponsor: Steve Eliason
                                  Senate Sponsor: Chris H. Wilson
 Cosponsors:                           Jennifer Dailey-Provost Ryan D. Wilcox
 Melissa G. Ballard Michael J. Petersen
 Scott H. Chew Christine F. Watkins
10
 LONG TITLE
 General Description:
         This bill amends provisions related to the Behavioral Health Crisis Response
 Commission.
 Highlighted Provisions:
         This bill:
         < requires the Behavioral Health Crisis Response Commission (commission) to make
 recommendations regarding, and the Division of Integrated Healthcare to administer
 grant programs for the development of:
             C   mobile crisis outreach teams;
             C   one behavioral health receiving center in a county of the third class; and
             C   a virtual crisis outreach team that will primarily serve counties of the third,
 fourth, fifth, or sixth class;
         < requires the Division of Integrated Healthcare to consult with the commission
 regarding use of funds from the Statewide Behavioral Health Crisis Response
 Account, and amends provisions related to the use of those funds;
         < amends provisions regarding the membership of the commission;
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        < repeals outdated language and makes corresponding modifications;
        < directs the commission to coordinate services by local mental health crisis lines and
 mobile crisis outreach teams;
        < extends the sunset of the commission to December 31, 2026, and modifies
 corresponding and related sunset provisions;
        < provides sunset dates for the mobile crisis outreach team and virtual crisis outreach
 team grant programs;
        < repeals codified title provisions; and
        < makes technical corrections.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        62A-15-118, as enacted by Laws of Utah 2020, Chapter 303
        62A-15-123, as last amended by Laws of Utah 2022, Chapter 187
        63C-18-202, as last amended by Laws of Utah 2021, Chapter 76
        63C-18-203, as last amended by Laws of Utah 2021, Chapter 76
        63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
 347, and 451
        63I-1-262, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
        63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
 249, 274, 296, 313, 361, 362, 417, 419, and 472
 ENACTS:
        62A-15-116.5, Utah Code Annotated 1953
        62A-15-125, Utah Code Annotated 1953
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       Enrolled Copy                                                                           H.B. 66
 REPEALS:
        63C-18-201, as enacted by Laws of Utah 2017, Chapter 23
57
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 62A-15-116.5 is enacted to read:
        62A-15-116.5. Mobile Crisis Outreach Team Grant Program.
        (1) As used in this section, "commission" means the Behavioral Health Crisis
 Response Commission established in Section 63C-18-202.
        (2) The commission shall provide recommendations and the division shall award
 grants for the development of up to five mobile crisis outreach teams.
        (3) A mobile crisis outreach team that is awarded a grant under Subsection (2) shall
 provide mental health crisis services 24 hours per day, seven days per week, and every day of
 the year.
        (4) The division shall prioritize the award of a grant described in Subsection (2) to
 entities based on:
        (a) the outstanding need for crisis outreach services within the area the proposed
 mobile crisis outreach team will serve; and
        (b) the capacity for implementation of the proposed mobile crisis outreach team in
 accordance with the division's established standards and requirements for mobile crisis
 outreach teams.
        (5) (a) In consultation with the commission, the division shall make rules, in
 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
 application and award of the grants described in Subsection (2).
        (b) (i) The rules created under Subsection (5)(a) shall implement a funding structure
 for a mobile crisis outreach team developed using a grant awarded under this section.
        (ii) The funding structure described in Subsection (5)(b)(i) shall provide for tiers and
 phases of shared funding coverage between the state and counties.
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        Section 2. Section 62A-15-118 is amended to read:
        62A-15-118. Behavioral Health Receiving Center Grant Program.
        (1) As used in this section:
        (a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility
 that is responsible for, and provides mental health crisis services to, an individual experiencing
 a mental health crisis.
        (b) "Commission" means the Behavioral Health Crisis Response Commission
 established in Section 63C-18-202.
        [(b)] (c) "Project" means a behavioral health receiving center project described in
 [Subsection (2)(a)] Subsection (2) or (3)(a).
        (2) [(a) (i)] Before July 1, 2020, the division shall issue a request for proposals in
 accordance with this section to award a grant to one or more counties of the first or second
 class, as classified in Section 17-50-501, to[, except as provided in Subsection (2)(a)(ii),]
 develop and implement a behavioral health receiving center.
        [(ii) A grant awarded under Subsection (2)(a)(i) may not be used to purchase land for
 the behavioral health receiving center.]
        [(b) The division shall award all grants under this section before December 31, 2020.]
        (3) (a) Before July 1, 2023, the division shall issue a request for proposals in
 accordance with this section to award a grant to one county of the third class, as classified in
 Section 17-50-501, to develop and implement a behavioral health receiving center.
        (b) Subject to appropriations by the Legislature, the division shall award grants under
 this Subsection (3) before December 31, 2023.
        (c) The commission shall provide recommendations to the division regarding the
 development and implementation of a behavioral health receiving center.
        [(3)] (4) The purpose of a project is to:
        (a) increase access to mental health crisis services for individuals in the state who are
 experiencing a mental health crisis; and
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        Enrolled Copy                                                                            H.B. 66
         (b) reduce the number of individuals in the state who are incarcerated or in a hospital
 emergency room while experiencing a mental health crisis.
         [(4)] (5) An application for a grant under this section shall:
         (a) identify the population to which the behavioral health receiving center will provide
 mental health crisis services;
         (b) identify the type of mental health crisis services the behavioral health receiving
 center will provide;
         (c) explain how the population described in Subsection [(4)(a)] (5)(a) will benefit from
 the provision of mental health crisis services;
         (d) provide details regarding:
         (i) how the proposed project plans to provide mental health crisis services;
         (ii) how the proposed project will ensure that consideration is given to the capacity of
 the behavioral health receiving center;
         (iii) how the proposed project will ensure timely and effective provision of mental
 health crisis services;
         (iv) the cost of the proposed project;
         (v) any existing or planned contracts or partnerships between the applicant and other
 individuals or entities to develop and implement the proposed project;
         (vi) any plan to use funding sources in addition to a grant under this section for the
 proposed project;
         (vii) the sustainability of the proposed project; and
         (viii) the methods the proposed project will use to:
         (A) protect the privacy of each individual who receives mental health crisis services
 from the behavioral health receiving center;
         (B) collect nonidentifying data relating to the proposed project; and
         (C) provide transparency on the costs and operation of the proposed project; and
         (e) provide other information requested by the division to ensure that the proposed
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 project satisfies the criteria described in Subsection [(5)] (7).
         [(5)] (6) A recipient of a grant under this section shall enroll as a Medicaid provider
 and meet minimum standards of care for behavioral health receiving centers established by the
 division.
         (7) In evaluating an application for the grant, the division shall consider:
         (a) the extent to which the proposed project will fulfill the purposes described in
 Subsection [(3)] (4);
         (b) the extent to which the population described in Subsection [(4)(a)] (5)(a) is likely to
 benefit from the proposed project;
         (c) the cost of the proposed project;
         (d) the extent to which any existing or planned contracts or partnerships between the
 applicant and other individuals or entities to develop and implement the project, or additional
 funding sources available to the applicant for the proposed project, are likely to benefit the
 proposed project; and
         (e) the viability and innovation of the proposed project.
         [(6) Before June 30, 2021, the division shall report to the Health and Human Services
 Interim Committee regarding:]
         [(a) each county awarded a grant under this section; and]
         [(b) the details of each project.]
         [(7)] (8) Before June 30, 2023, the division shall report to the Health and Human
 Services Interim Committee regarding:
         (a) data gathered in relation to each project described in Subsection (2);
         (b) knowledge gained relating to the provision of mental health crisis services in a
 behavioral health receiving center;
         (c) recommendations for the future use of mental health crisis services in behavioral
 health receiving centers; [and]
         (d) obstacles encountered in the provision of mental health crisis services in a
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        Enrolled Copy                                                                             H.B. 66
 behavioral health receiving center[.]; and
        (e) recommendations for appropriate Medicaid reimbursement for rural behavioral
 health receiving centers.
        (9) (a) In consultation with the commission, the division shall make rules, in
 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
 application and award of a grant under this section.
        (b) (i) The rules created under Subsection (9)(a) shall:
        (A) implement a funding structure for a behavioral health receiving center developed
 using a grant awarded under this section;
        (B) include implementation standards and minimum program requirements for a
 behavioral health receiving center developed using a grant awarded under this section,
 including minimum guidelines and standards of care, and minimum staffing requirements; and
        (C) require a behavioral health receiving center developed using a grant awarded under
 this section to operate 24 hours per day, seven days per week, and every day of the year.
        (ii) The funding structure described in Subsection (9)(b)(i)(A) shall provide for tiers
 and phases of shared funding coverage between the state and counties.
        (10) Before June 30, 2024, the division shall report to the Health and Human Services
 Interim Committee regarding:
        (a) grants awarded under Subsection (3)(a); and
        (b) the details of each project described in Subsection (3)(a).
        (11) Before June 30, 2026, the division shall provide a report to the Health and Human
 Services Interim Committee that includes:
        (a) data gathered in relation to each project described in Subsection (3)(a); and
        (b) an update on the items described in Subsections (8)(b) through (d).
        Section 3. Section 62A-15-123 is amended to read:
        62A-15-123. Statewide Behavioral Health Crisis Response Account -- Creation --
 Administration -- Permitted uses -- Reporting.
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         (1) There is created a restricted account within the General Fund known as the
 "Statewide Behavioral Health Crisis Response Account," consisting of:
         (a) money appropriated or otherwise made available by the Legislature; and
         (b) contributions of money, property, or equipment from federal agencies, political
 subdivisions of the state, or other persons.
         (2) (a) Subject to appropriations by the Legislature and any contributions to the account
 described in Subsection (1)(b), the division shall disburse funds in the account only for the
 purpose of support or implementation of services or enhancements of those services in order to
 rapidly, efficiently, and effectively deliver 988 services in the state.
         (b) Funds distributed from the account to county local mental health and substance
 abuse authorities for the provision of crisis services are not subject to the 20% county match
 described in Sections 17-43-201 and 17-43-301.
         (c) [Except as provided in Subsection (2)(d), the division shall prioritize expending
 funds from the account as follows] After consultation with the Behavioral Health Crisis
 Response Commission created in Section 63C-18-202, and local substance use authorities and
 local mental health authorities described in Sections 17-43-201 and 17-43-301, the division
 shall expend funds from the account on any of the following programs:
         (i) the Statewide Mental Health Crisis Line, as defined in Section 62A-15-1301,
 including coordination with 911 emergency service, as defined in Section 69-2-102, and
 coordination with local substance abuse authorities as described in Section 17-43-201, and
 local mental health authorities, described in Section 17-43-301;
         [(ii) mitigation of any negative impacts on 911 emergency service from 988 services;]
         [(iii)] (ii) mobile crisis outreach teams as defined in Section 62A-15-1401, distributed
 in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act;
         [(iv)] (iii) behavioral health receiving centers as defined in Section 62A-15-118;
         [(v)] (iv) stabilization services as described in Section 62A-1-104; [and]
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        Enrolled Copy                                                                              H.B. 66
        [(vi)] (v) mental health crisis services provided by local substance abuse authorities as
 described in Section 17-43-201 and local mental health authorities described in Section
 17-43-301 to provide prolonged mental health services for up to 90 days after the day on which
 an individual experiences a mental health crisis[.];
        (vi) crisis intervention training for first responders, as that term is defined in Section
 78B-4-501;
        (vii) crisis worker certification training for first responders, as that term is defined in
 Section 78B-4-501;
        (viii) frontline support for the SafeUT Crisis Line; or
        (ix) suicide prevention gatekeeper training for first responders, as that term is defined
 in Section 78B-4-501.
        (d) If the Legislature appropriates money to the account for a purpose described in
 Subsection (2)(c), the division shall use the appropriation for that purpose.
        (3) Subject to appropriations by the Legislature and any contributions to the account
 described in Subsection (1)(b), the division may expend funds in the account for administrative
 costs that the division incurs related to administering the account.
        (4) The division director shall submit and make available to the public a report before
 December of each year to the Behavioral Health Crisis Response Commission, as defined in
 Section 63C-18-202, the Social Services Appropriati