Enrolled Copy H.B. 32
1 CRISIS SERVICES AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: Daniel W. Thatcher
6
7 LONG TITLE
8 General Description:
9 This bill relates to crisis response treatment and resources.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < changes the name of the "Mental Health Crisis Line Commission" to the
14 "Behavioral Health Crisis Response Commission";
15 < modifies the membership of the Behavioral Health Crisis Response Commission;
16 < expands the mobile crisis outreach team grant program to fund additional mobile
17 crisis outreach teams in certain counties;
18 < requires the Division of Substance Abuse and Mental Health to administer a grant
19 program for the development of a behavioral health receiving center;
20 < directs the Department of Health to:
21 C apply for a waiver or a state plan amendment with Medicaid to offer a program
22 to provide reimbursement for certain services that are provided in a behavioral
23 health receiving center at a bundled daily rate;
24 C if the waiver or state plan amendment is approved, require a managed care
25 organization that contracts with Medicaid to provide reimbursement for certain
26 services that are provided in a behavioral health receiving center; and
27 C consult with accountable care organizations and counties when determining
28 whether to integrate payment for certain services that are provided in a
29 behavioral health receiving center;
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30 < requires the Department of Human Services to establish a statewide stabilization
31 services plan and standards for providing stabilization services to a child;
32 < requires the Division of Substance Abuse and Mental Health to implement a
33 statewide warm line;
34 < requires the Behavioral Health Crisis Response Commission to study and make
35 recommendations regarding implementation of the statewide warm line; and
36 < makes technical changes.
37 Money Appropriated in this Bill:
38 This bill appropriates in fiscal year 2021:
39 < to Department of Human Services -- Division of Substance Abuse and Mental
40 Health -- Community Mental Health Services, as an ongoing appropriation:
41 C From General Fund, $10,460,000;
42 < to Department of Human Services -- Division of Substance Abuse and Mental
43 Health -- Community Mental Health Services, as a one-time appropriation:
44 C From General Fund, One-time, $5,652,000;
45 < to Governor's Office -- Suicide Prevention -- Suicide Prevention, as an ongoing
46 appropriation:
47 C from General Fund, $100,000; and
48 < to University of Utah -- SafeUT Crisis Text and Tip Line -- SafeUT Operations, as
49 an ongoing appropriation:
50 C from General Fund, $250,000.
51 Other Special Clauses:
52 None
53 Utah Code Sections Affected:
54 AMENDS:
55 17-43-301, as last amended by Laws of Utah 2019, Chapter 256
56 26-18-418, as last amended by Laws of Utah 2019, Chapter 393
57 62A-1-104, as last amended by Laws of Utah 2018, Chapter 147
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58 62A-1-111, as last amended by Laws of Utah 2018, Chapter 200
59 62A-15-102, as last amended by Laws of Utah 2018, Chapter 414
60 62A-15-116, as last amended by Laws of Utah 2019, Chapter 446
61 62A-15-1301, as enacted by Laws of Utah 2018, Chapter 407
62 62A-15-1302, as enacted by Laws of Utah 2018, Chapter 407
63 62A-15-1303, as enacted by Laws of Utah 2018, Chapter 407
64 62A-15-1401, as enacted by Laws of Utah 2018, Chapter 84
65 63C-18-101, as enacted by Laws of Utah 2017, Chapter 23
66 63C-18-102, as enacted by Laws of Utah 2017, Chapter 23
67 63C-18-202, as enacted by Laws of Utah 2017, Chapter 23
68 63C-18-203, as last amended by Laws of Utah 2018, Chapters 84 and 407
69 63I-1-226, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
70 last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
71 63I-1-262, as last amended by Laws of Utah 2019, Chapters 246, 257, 440 and last
72 amended by Coordination Clause, Laws of Utah 2019, Chapter 246
73 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
74 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
75 246
76 ENACTS:
77 62A-15-118, Utah Code Annotated 1953
78 26-18-420, Utah Code Annotated 1953
79
80 Be it enacted by the Legislature of the state of Utah:
81 Section 1. Section 17-43-301 is amended to read:
82 17-43-301. Local mental health authorities -- Responsibilities.
83 (1) As used in this section:
84 (a) "Assisted outpatient treatment" means the same as that term is defined in Section
85 62A-15-602.
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86 (b) "Crisis worker" means the same as that term is defined in Section 62A-15-1301.
87 (c) "Local mental health crisis line" means the same as that term is defined in Section
88 [63C-18-102] 62A-15-1301.
89 (d) "Mental health therapist" means the same as that term is defined in Section
90 58-60-102.
91 (e) "Public funds" means the same as that term is defined in Section 17-43-303.
92 (f) "Statewide mental health crisis line" means the same as that term is defined in
93 Section [63C-18-102] 62A-15-1301.
94 (2) (a) (i) In each county operating under a county executive-council form of
95 government under Section 17-52a-203, the county legislative body is the local mental health
96 authority, provided however that any contract for plan services shall be administered by the
97 county executive.
98 (ii) In each county operating under a council-manager form of government under
99 Section 17-52a-204, the county manager is the local mental health authority.
100 (iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
101 county legislative body is the local mental health authority.
102 (b) Within legislative appropriations and county matching funds required by this
103 section, under the direction of the division, each local mental health authority shall:
104 (i) provide mental health services to individuals within the county; and
105 (ii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
106 promote integrated programs that address an individual's substance abuse, mental health, and
107 physical healthcare needs, as described in Section 62A-15-103.
108 (c) Within legislative appropriations and county matching funds required by this
109 section, each local mental health authority shall cooperate with the efforts of the Department of
110 Human Services to promote a system of care, as defined in Section 62A-1-104, for minors with
111 or at risk for complex emotional and behavioral needs, as described in Section 62A-1-111.
112 (3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
113 Cooperation Act, two or more counties may join to:
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114 (i) provide mental health prevention and treatment services; or
115 (ii) create a united local health department that combines substance abuse treatment
116 services, mental health services, and local health department services in accordance with
117 Subsection (4).
118 (b) The legislative bodies of counties joining to provide services may establish
119 acceptable ways of apportioning the cost of mental health services.
120 (c) Each agreement for joint mental health services shall:
121 (i) (A) designate the treasurer of one of the participating counties or another person as
122 the treasurer for the combined mental health authorities and as the custodian of money
123 available for the joint services; and
124 (B) provide that the designated treasurer, or other disbursing officer authorized by the
125 treasurer, may make payments from the money available for the joint services upon audit of the
126 appropriate auditing officer or officers representing the participating counties;
127 (ii) provide for the appointment of an independent auditor or a county auditor of one of
128 the participating counties as the designated auditing officer for the combined mental health
129 authorities;
130 (iii) (A) provide for the appointment of the county or district attorney of one of the
131 participating counties as the designated legal officer for the combined mental health
132 authorities; and
133 (B) authorize the designated legal officer to request and receive the assistance of the
134 county or district attorneys of the other participating counties in defending or prosecuting
135 actions within their counties relating to the combined mental health authorities; and
136 (iv) provide for the adoption of management, clinical, financial, procurement,
137 personnel, and administrative policies as already established by one of the participating
138 counties or as approved by the legislative body of each participating county or interlocal board.
139 (d) An agreement for joint mental health services may provide for:
140 (i) joint operation of services and facilities or for operation of services and facilities
141 under contract by one participating local mental health authority for other participating local
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142 mental health authorities; and
143 (ii) allocation of appointments of members of the mental health advisory council
144 between or among participating counties.
145 (4) A county governing body may elect to combine the local mental health authority
146 with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
147 and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
148 Department Act, to create a united local health department under Section 26A-1-105.5. A local
149 mental health authority that joins with a united local health department shall comply with this
150 part.
151 (5) (a) Each local mental health authority is accountable to the department, the
152 Department of Health, and the state with regard to the use of state and federal funds received
153 from those departments for mental health services, regardless of whether the services are
154 provided by a private contract provider.
155 (b) Each local mental health authority shall comply, and require compliance by its
156 contract provider, with all directives issued by the department and the Department of Health
157 regarding the use and expenditure of state and federal funds received from those departments
158 for the purpose of providing mental health programs and services. The department and
159 Department of Health shall ensure that those directives are not duplicative or conflicting, and
160 shall consult and coordinate with local mental health authorities with regard to programs and
161 services.
162 (6) (a) Each local mental health authority shall:
163 (i) review and evaluate mental health needs and services, including mental health needs
164 and services for:
165 (A) an individual incarcerated in a county jail or other county correctional facility; and
166 (B) an individual who is a resident of the county and who is court ordered to receive
167 assisted outpatient treatment under Section 62A-15-630.5;
168 (ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
169 plan approved by the county legislative body for mental health funding and service delivery,
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170 either directly by the local mental health authority or by contract;
171 (iii) establish and maintain, either directly or by contract, programs licensed under Title
172 62A, Chapter 2, Licensure of Programs and Facilities;
173 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
174 programs and prescribe the director's duties;
175 (v) provide input and comment on new and revised rules established by the division;
176 (vi) establish and require contract providers to establish administrative, clinical,
177 personnel, financial, procurement, and management policies regarding mental health services
178 and facilities, in accordance with the rules of the division, and state and federal law;
179 (vii) establish mechanisms allowing for direct citizen input;
180 (viii) annually contract with the division to provide mental health programs and
181 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
182 Mental Health Act;
183 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
184 contract requirements, and any directives resulting from those audits and contract requirements;
185 (x) provide funding equal to at least 20% of the state funds that it receives to fund
186 services described in the plan;
187 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
188 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
189 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
190 Other Local Entities Act; and
191 (xii) take and retain physical custody of minors committed to the physical custody of
192 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
193 Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
194 (b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
195 children, which shall include:
196 (i) inpatient care and services;
197 (ii) residential care and services;
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198 (iii) outpatient care and services;
199 (iv) 24-hour crisis care and services;
200 (v) psychotropic medication management;
201 (vi) psychosocial rehabilitation, including vocational training and skills development;
202 (vii) case management;
203 (viii) community supports, including in-home services, housing, family support
204 services, and respite services;
205 (ix) consultation and education services, including case consultation, collaboration
206 with other county service agencies, public education, and public information; and
207 (x) services to persons incarcerated in a county jail or other county correctional facility.
208 (7) (a) If a local mental health authority provides for a local mental health crisis line
209 under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
210 mental health authority shall:
211 (i) collaborate with the statewide mental health crisis line described in Section
212 62A-15-1302;
213 (ii) ensure that each individual who answers calls to the local mental health crisis line:
214 (A) is a mental health therapist or a crisis worker; and
215 (B) meets the standards of care and practice established by the Division of Substance
216 Abuse and Mental Health, in accordance with Section 62A-15-1302; and
217 (iii) ensure that when necessary, based on the local mental health crisis line's capacity,
218 calls are immediately routed to the statewide mental health crisis line to ensure that when an
219 individual calls the local mental health crisis line, regardless of the time, date, or number of
220 individuals trying to simultaneously access the local mental health crisis line, a mental health
221 therapist or a crisis worker answers the call without the caller first:
222 (A) waiting on hold; or
223 (B) being screened by an individual other than a mental health therapist or crisis
224 worker.
225 (b) If a local mental health authority does not provide for a local mental health crisis
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226 line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
227 local mental health authority shall use the statewide mental health crisis line as a local crisis
228 line resource.
229 (8) Before disbursing any public funds, each local mental health authority shall require
230 that each entity that receives any public funds from a local mental health authority agrees in
231 writing that:
232 (a) the entity'