Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 71
Approved for Filing: A. Houston 6                              1st Sub. (Buff)
          6 02-24-24 7:03 PM 6
                         Senator Evan J. Vickers proposes the following substitute bill:
                       BEHAVIORAL HEALTH CRISIS RESPONSE
                                         MODIFICATIONS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Steve Eliason
                                 Senate Sponsor: Evan J. Vickers
 7
 LONG TITLE
 General Description:
        This bill addresses nonemergency behavioral health transport providers, receiving
 centers, and mobile crisis outreach teams.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < addresses designation and permitting related to nonemergency secure behavioral
 health transport providers, and maintains oversight of those providers by the
 Department of Health and Human Services;
        < provides for the award of grants for the development of mobile crisis outreach
 teams and rural behavioral health receiving centers; and
        < makes technical and conforming changes.                                           1st Sub. H.B. 71
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
     *HB0071S01*
       1st Sub. (Buff) H.B. 71                                              02-24-24 7:03 PM
 AMENDS:
        26B-3-135 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
 2023, Chapter 306
        26B-3-135 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 310
 and renumbered and amended by Laws of Utah 2023, Chapter 306
        26B-5-112.5, as enacted by Laws of Utah 2023, Chapter 270
        26B-5-114, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
 amended by Laws of Utah 2023, Chapter 308
        26B-5-331 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 310
 and renumbered and amended by Laws of Utah 2023, Chapter 308
        53-2d-101 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
 327 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last
 amended by Coordination Clause, Laws of Utah 2023, Chapter 327
        53-2d-103 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
 Chapters 307, 310 and last amended by Coordination Clause, Laws of Utah 2023,
 Chapter 307
        53-2d-401 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
 Chapters 307, 310 and last amended by Coordination Clause, Laws of Utah 2023,
 Chapter 307
        53-2d-403 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
 Chapters 307, 310
        53-2d-404 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
 Chapters 307, 310
49
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26B-3-135 (Superseded 07/01/24) is amended to read:
        26B-3-135 (Superseded 07/01/24). Reimbursement for nonemergency secured
 behavioral health transport providers.
        The department [may not] shall reimburse a nonemergency secured behavioral health
 transport provider that is designated under Section 26B-4-117.
        Section 2. Section 26B-3-135 (Effective 07/01/24) is amended to read:
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       02-24-24 7:03 PM                                                      1st Sub. (Buff) H.B. 71
         26B-3-135 (Effective 07/01/24). Nonemergency secured behavioral health
 transport providers.
         (1) As used in this section:
         (a) "Designated facility" means:
         (i) a licensed acute care hospital;
         (ii) an emergency patient receiving facility;
         (iii) a licensed mental health facility; and
         (iv) the office of a licensed health care provider.
         (b) "Nonemergency secured behavioral health transport" means an entity that:
         (i) provides nonemergency secure transportation services for an individual who:
         (A) is not required to be transported by an ambulance under Section 53-2d-405; and
         (B) requires behavioral health observation during transport between any designated
 facility; and
         (ii) is required to be designated under Subsection (4).
         (2) The department shall adopt rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to:
         (a) permit nonemergency secured behavioral health transport vehicles;
         (b) establish application, submission, and procedural requirements for permits;
         (c) establish designation requirements for nonemergency secured behavioral health
 transport providers; and
         (d) establish and implement the programs, plans, and responsibilities specified in this
 section.
         (3) (a) A facility or provider may not hold itself out as a nonemergency secured
 behavioral health transport provider without a designation under this section.
         (b) A person who violates this section is subject to Section 26B-1-224.
         (4) (a) Based on the requirements in Subsection (2)(c), the department shall issue
 designations to nonemergency secured behavioral health transport providers.
         (b) As provided in Subsection (7), an entity issued a designation under this section may
 only function and hold itself out in accordance with its designation.
         (5) (a) To ensure that nonemergency secured behavioral health transport vehicles are
 adequately staffed, safe, maintained, properly equipped, and safely operated, the department
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        1st Sub. (Buff) H.B. 71                                                      02-24-24 7:03 PM
 shall establish permit requirements at levels it considers appropriate.
        (b) The department shall, based on the requirements in Subsection (5)(a), issue permits
 to nonemergency secured behavioral health transport vehicles.
        (6) The department [may not] shall reimburse a nonemergency secured behavioral
 health transport provider that is designated under [Section 53-2d-403] this section.
        (7) (a) A person may not:
        (i) practice or engage in the practice, represent that the person is practicing or engaging
 in the practice, or attempt to practice or engage in the practice of any activity that requires a
 designation under this section unless that person is designated under this section; or
        (ii) advertise or represent that the person holds a designation required under this
 section, unless that person holds the designation under this section.
        (b) A violation of Subsection (7)(a) is a class B misdemeanor.
        (8) (a) The department may, for the purpose of ascertaining compliance with the
 provisions of this section, enter and inspect on a routine basis the business premises and
 equipment of a person:
        (i) with a designation or permit; or
        (ii) who holds themselves out to the general public as providing a service for which a
 designation or permit is required under this section.
        (b) Before conducting an inspection under Subsection (8)(a), the department shall, after
 identifying the person in charge:
        (i) give proper identification;
        (ii) describe the nature and purpose of the inspection; and
        (iii) if necessary, explain the authority of the department to conduct the inspection.
        (c) In conducting an inspection under Subsection (8)(a), the department may, after
 meeting the requirements of Subsection (8)(b):
        (i) inspect records, equipment, and vehicles; and
        (ii) interview personnel.
        (d) An inspection conducted under Subsection (8)(a) shall be during regular
 operational hours.
        (9) (a) The department may refuse to issue a designation or a renewal, or revoke,
 suspend, restrict, or place on probation a designation if the provider has:
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        02-24-24 7:03 PM                                                        1st Sub. (Buff) H.B. 71
         (i) failed to abide by terms of the designation;
         (ii) violated statute or rule;
         (iii) failed to provide services at the level required by the designation;
         (iv) failed to submit a renewal application in a timely fashion as required by
 department rule;
         (v) failed to follow operational standards established by department rule; or
         (vi) committed an act in the performance of a professional duty that endangered the
 public or constituted gross negligence.
         (b) An action to revoke, suspend, restrict, or place a designation on probation shall be
 done in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
         (c) Notwithstanding Subsection (9)(b), the department may issue a cease and desist
 order to immediately suspend a designation pending an administrative proceeding to be held
 within 30 days if there is evidence to show that the provider poses a clear, immediate, and
 unjustifiable threat or potential threat to public health, safety, or welfare.
         (10) The department may charge fees, established in accordance with Section
 26B-1-209, to process an application for a designation or permit.
         Section 3. Section 26B-5-112.5 is amended to read:
         26B-5-112.5. 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) Subject to appropriations by the Legislature, and after consulting with the
 commission, in fiscal year 2025 the division shall award grants for the development of up to
 four mobile crisis outreach teams.
         (b) The grants described in Subsection (3)(a) are in addition to the grants described in
 Subsection (2).
         [(3)] (4) A mobile crisis outreach team that is awarded a grant under [Subsection (2)]
 this section shall provide mental health crisis services 24 hours per day, seven days per week,
 and every day of the year.
         [(4)] (5) The division shall prioritize the award of a grant [described in Subsection (2)]
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        1st Sub. (Buff) H.B. 71                                                    02-24-24 7:03 PM
 under this section 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)] (6) (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)] awarded under this section.
         (b) (i) The rules created under Subsection [(5)(a)] (6)(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)] (6)(b)(i) shall provide for
 tiers and phases of shared funding coverage between the state and counties.
         Section 4. Section 26B-5-114 is amended to read:
         26B-5-114. 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.
         (c) "Project" means a behavioral health receiving center project described in
 Subsection (2) [or], (3)(a), or (4)(a).
         (2) 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 develop and implement a behavioral health receiving center.
         (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.
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        02-24-24 7:03 PM                                                        1st Sub. (Buff) H.B. 71
         [(c) The commission shall provide recommendations to the division regarding the
 development and implementation of a behavioral health receiving center.]
         (4) (a) Before July 1, 2024, the division shall issue a request for proposals in
 accordance with this section to award grants to develop and implement up to two behavioral
 health receiving centers in counties of the third, fourth, or fifth class, as classified in Section
 17-50-501.
         (b) Subject to appropriations by the Legislature, the division shall award grants under
 this Subsection (4) before December 31, 2024.
         (5) 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
         (b) reduce the number of individuals in the state who are incarcerated or in a hospital
 emergency room while experiencing a mental health crisis.
         [(5)] (6) 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 [(5)(a)] (6)(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;
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        1st Sub. (Buff) H.B. 71                                                     02-24-24 7:03 PM
         (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
 project satisfies the criteria described in Subsection [(7)] (8).
         [(6)] (7) 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)] (8) 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 [(4)] (5);
         (b) the extent to which the population described in Subsection [(5)(a)] (6)(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.
         (9) The commission shall provide recommendations to the division regarding the
 development and implementation of a behavioral health receiving center developed using a
 grant awarded under this section.
         [(8)] (10) Before