MINUTES OF THE
SOCIAL SERVICES APPROPRIATIONS SUBCOMMITTEE
Tuesday, January 26, 2021 • 8:00 a.m. • 30 House Building


Members Present:
Sen. Jacob L. Anderegg, Senate Chair
Rep. Paul Ray, House Chair
Rep. Raymond P. Ward, House Vice Chair
Sen. John D. Johnson
Sen. Michael S. Kennedy
Sen. Daniel W. Thatcher
Sen. Todd D. Weiler
Rep. Steve R. Christiansen
Rep. Jennifer Dailey-Provost
Rep. Sandra Hollins
Rep. Marsha Judkins
Rep. Michael L. Kohler
Rep. Michael J. Petersen
Rep. Candice B. Pierucci
Rep. Norman K. Thurston

Members Absent:
President J. Stuart Adams
Sen. Luz Escamilla

Staff Present:
Russell T. Frandsen, Finance Officer
Clare Tobin Lence, Finance Manager
Kimberly D. Madsen, Financial Analyst
An Bradshaw, Committee Secretary

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.
1.8:00 Call to Order
Chair Ray called the meeting to order at 8:06 a.m.
2.8:00 Approval of Minutes
There were no minutes for approval.
3.8:00 Public Input on Topics on Today's Agenda
Sherri Wittwer, mental health advocate, Disability Law Center, spoke in support of funding for behavioral health crisis response teams.
4.8:15 Status of Reduced Drug Testing in Medicaid
5a-Proposed Medicaid Drug Testing Policy Presentation 1-26-21
5b-Utah Presentation 1-26-21
Tonya Hales, Assistant Director, Division of Medicaid and Health Financing, Department of Health (DOH), provided an update of reduced drug testing in Medicaid.
Chair Ray asked for more information regarding the tests and Tonya Hales responded.
Sen. Anderegg asked if there were issues with the presumptive tests and Tonya Hales responded.
Brent Kelsey, Assistant Director, Division of Substance Abuse and Mental Health (DSAMH), Department of Human Services (DHS), added information about the need to retest positive presumptive tests to confirm the results.
Rep. Dailey-Provost asked for information about the scope of substances tested and Tonya Hales responded.
Senior Judge Dennis Fuchs, Problem Solving Court Coordinator, Utah Courts, discussed the courts' requirements for additional testing before imposing sanctions.
Rep. Ward commended the department for its work setting guidelines for testing.
Tonya Hales continued with the presentation.
Rep. Dailey-Provost asked what the implications are for Medicaid participants who test positive and Tonya Hales responded.
Brent Kelsey discussed different types of drug tests used and their value in providing a deterrent to drug use.
Judge Fuchs provided more information about the court's expectations for clients.
Tonya Hales continued with the presentation.
Rep. Christiansen asked for clarification on administrative costs for tests and Tonya Hales and Chair Ray responded.
Chair Ray asked who paid for tests given beyond the allowed limit and Tonya Hales responded.
Rep. Petersen asked how the examples shown to the committee were chosen and Tonya Hales responded.
Judge Fuchs explained the certification, value, and requirements of drug and other problem solving courts. Judge Fuchs emphasized the importance of semi-weekly testing to the success of drug court participants and mentioned the semi-weekly testing is required by federal judicial councils.
Chair Ray asked how many substances need to be tested for and Judge Fuchs responded.
Rep. Ward asked if other state's courts have been decertified for not testing semi-weekly and Judge Fuchs responded.
Brent Kelsey provided information about additional payers for drug testing.
Chair Ray asked for additional information about the Medicaid match for drug testing and Brent Kelsey and Judge Fuchs responded.
Sen. Weiler asked the committee if they felt paying to imprison those who fail drug court was a better use of resources than paying for sufficient drug tests and Chair Ray added his thoughts. Tonya Hales responded.
Brent Kelsey said he didn't think all clients needed to be tested twice a week. Judge Fuchs responded that studies show testing less than twice a week reduces the success rate by 60%.
Brent Kelsey thanked DOH for reaching out and expressed support for the proposed limits.
Mike Isom, Director of Clinical Education, Beechtree Diagnostics, discussed what testing is given and what is done with the results.
Nathan Petersen, CFO, Beechtree Diagnostics, requested the cut funding be restored and explained the reasons why drug testing is important.
Brent Kelsey said he would be happy to discuss the issue off-line with committee members. Judge Fuchs also said he would be happy to meet with anyone and expressed the Courts' happiness with Beechtree.
5.8:45 A Performance Audit of Methadone Clinic Oversight
6b-Methadone Clinic Oversight Audit Presentation
Darin Underwood, Audit Manager, Office of the Legislative Auditor General (OLAG), introduced the audit.
6a-A Performance Audit of Methadone Clinic Oversight
Matt Harvey, Audit Supervisor, OLAG, presented the audit's findings and recommendations.
Rep. Judkins requested more information about the audit's repeat findings and Matt Harvey and Darin Underwood responded.
Rep. Ward asked about long term shortcomings of methadone clinics and providers not being given information about what clients are being prescribed.
Chair Ray asked Rep. Ward if methadone clinics have benefits and Rep. Ward said they do, but there are problems that need to be addressed.
Tracy Gruber, Interim Executive Director, DHS, thanked OLAG for the audit.
6c-Methadone Clinic Oversight DSAMH Response
Brent Kelsy gave the division's response to the audit.
6.8:00 Public Input on Topics on Today's Agenda
Dr. Katie Carlson, Medical Director, Project Reality, discussed the importance of providing care and treatment to people with opioid-use disorder.
Sen. Anderegg assumed the chair.
7.8:45 A Performance Audit of Methadone Clinic Oversight
Clare Tobin Lence showed the committee how to track audit responses.
8.9:15 DHS - Division of Substance Abuse and Mental Health (DSAMH) - Base Budget
7b-Maternal Mental Health - Intent Language Report Jan 2021
7c-DSAMH - Purposes - 2021 GS
Clare Tobin Lence introduced the Base Budget, beginning with reduction options.
Doug Thomas, Director, DSAMH, responded to the proposed reductions and requested funds not be cut.
Rep. Ray resumed the chair.
Rep. Petersen asked for the results of the pilot program and Doug Thomas responded.
Rep. Judkins asked for additional information about the effectiveness of the program and if there would be an impact on a proposed bill and Doug Thomas responded.
Rep. Christiansen commented on the impact of the education program in the State of Utah and Doug Thomas responded.
Brent Kelsey provided a link to the website of the Commission on Criminal and Juvenile Justice for answers to some of the committee's questions.
Clare Tobin Lence continued with the base budget presentation and discussed motions for the committee to consider.
MOTION:Sen. Anderegg moved to approve the following motions form the sheet entitled "Social Services Appropriations Subcommittee - Motions for Consideration": All #CH.
Rep. Thurston asked for more information regarding dedicated credits and Clare Tobin Lence responded.
Rep. Christiansen asked for clarification on sources of funds and Clare Tobin Lence responded.
Doug Thomas provided additional information on sources of funds for implementing programs.
Sen. Anderegg's motion to approve the following motions form the sheet entitled "Social Services Appropriations Subcommittee - Motions for Consideration": All #CHpassed with a vote 13-0-4.
Yeas - 13Nays- 0Abs- 4
Sen. J. Anderegg
Rep. S. Christiansen
Rep. J. Dailey-Provost
Rep. S. Hollins
Sen. J. Johnson
Rep. M. Judkins
Sen. M. Kennedy
Rep. M. Kohler
Rep. M. Petersen
Rep. C. Pierucci
Rep. P. Ray
Rep. N. Thurston
Rep. R. Ward
Sen. J. Adams
Sen. L. Escamilla
Sen. D. Thatcher
Sen. T. Weiler
9.9:30 DSAMH - Funding Requests
Clare Tobin Lence introduced the funding requests for DSAMH.
Doug Thomas discussed the division's funding requests.
10.9:40 Utah State Hospital Bed Capacity Analysis and Recommendations
Dallas Earnshaw, Superintendent, Utah State Hospital, provided information on the staffing needs and bed capacity of the State Hospital.
9-Utah State Hospital Bed Capacity Study Jan 22 2021
Rep. Judkins asked if the focus on efficiency impacted the effectiveness of the programs and Dallas Earnshaw responded.
8c-Utah State Hospital Staffing 2021
Dallas Earnshaw continued and discussed staffing shortages and needs.
11.9:55 Status of COVID-19 Vaccine Distribution in State Congregate Care Settings - Utah State Hospital
10a-USH COVID Pandemic Response Report Jan-22-2021
10b-Utah State Hospital - COVID 19 Handout January 2021
Dallas Earnshaw discussed the State Hospital's response to COVID.
Chair Ray for more information on the patients who did not receive COVID vaccinations and Dallas Earnshaw responded.
12.10:00 DHS - Office of Recovery Services (ORS) - Base Budget
11b-ORS - Purposes - 2021 GS
Clare Tobin Lence presented the base budget for the Office of Recovery Services.
Rep. Christiansen commented on the information provided last summer and Clare Tobin Lence responded.
11ei-ORS General Fund Projections - 2021 GS
11eii-ORS Outcomes and Expenditures for TPL Recovery - 2021 GS
Liesa Stockdale, Director, ORS, responded to the budget report.
Clare Tobin Lence continued with the presentation and discussed possible motions.
Rep. Thurston asked for additional information about child support recovery and Liesa Stockdale responded.
MOTION:Rep. Ward moved to adjourn.The motion passed with a vote of 10-0-7.
Yeas - 10Nays- 0Abs- 7
Rep. S. Christiansen
Rep. J. Dailey-Provost
Rep. S. Hollins
Rep. M. Judkins
Sen. M. Kennedy
Rep. M. Kohler
Rep. M. Petersen
Rep. P. Ray
Rep. N. Thurston
Rep. R. Ward
Sen. J. Adams
Sen. J. Anderegg
Sen. L. Escamilla
Sen. J. Johnson
Rep. C. Pierucci
Sen. D. Thatcher
Sen. T. Weiler
Chair Ray adjourned the meeting at 10:52 a.m.