H.B. 101

1

ASSERTIVE COMMUNITY MENTAL HEALTH
2 TREATMENT PILOT PROGRAM
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Carol Spackman Moss
6 Senate Sponsor: Gregory S. Bell
7
8 LONG TITLE
9 General Description:
10 This bill establishes a pilot program within the Substance Abuse and Mental Health Act
11 for the provision of assertive community treatment services to people with a severe
12 mental disorder, who are not receiving or are transitioning out of other mental health
13 services, and to their families.
14 Highlighted Provisions:
15 This bill:
16 . establishes a pilot program, beginning on July 1, 2009, and ending on July 1, 2012,
17 for the provision of assertive community treatment mental health services to eligible
18 people, who are not receiving or are transitioning out of other mental health
19 services;
20 . grants rulemaking authority to the division;
21 . describes a person who is eligible to receive services under this bill;
22 . provides that a local mental health authority shall establish criteria to determine the
23 order of priority for receiving services under this bill;
24 . provides that the services provided under the pilot program described in this bill do
25 not constitute an entitlement and may be withdrawn from a person at any time;
26 . requires the director of the division to report, for consideration and decision, to the
27 Health and Human Services Interim Committee during the 2011 interim, regarding

28 whether the pilot program created by this bill should be modified or converted into an ongoing
29 program;
30 . provides, under the Legislative Oversight and Sunset Act, that the pilot program
31 created by this bill will be repealed on July 1, 2012; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 63I-1-262, as last amended by Laws of Utah 2008, Chapter 136 and renumbered and
40 amended by Laws of Utah 2008, Chapter 382
41 ENACTS:
42 62A-15-113, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 62A-15-113 is enacted to read:
46 62A-15-113. Pilot program for assertive community mental health treatment.
47 (1) There is established a pilot program for assertive community mental health
48 treatment, beginning on July 1, 2009 and ending on July 1, 2012.
49 (2) The purpose of the pilot program described in Subsection (1) is to provide mental
50 health services to a person with a severe mental disorder in order to reduce:
51 (a) the use of emergency and inpatient medical and psychiatric services by the person;
52 (b) the person's involvement in the criminal justice system; and
53 (c) the person's use of illegal substances.
54 (3) The pilot program shall:
55 (a) primarily focus on a person who is transitioning from inpatient treatment, outpatient
56 treatment, or incarceration;
57 (b) be substantially in accordance with the Assertive Community Treatment model of
58 the Substance Abuse and Mental Health Services Administration, within the United States

59 Department of Health and Human Services; and
60 (c) utilize fidelity scales for evidenced-based practices.
61 (4) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
62 Administrative Rulemaking Act, as necessary for the implementation and administration of this
63 section.
64 (5) In accordance with Subsection (6), within funds appropriated by the Legislature for
65 the pilot program described in this section, the division shall, through a local mental health
66 authority, provide assertive community treatment as described in this section to a person with a
67 severe mental disorder, and that person's family, if that person:
68 (a) is eligible to receive services from a local mental health authority;
69 (b) is not receiving, or is transitioning out of, other mental health services; and
70 (c) is determined by a local mental health authority to be a person who would
71 substantially benefit from the provision of assertive community treatment.
72 (6) A local mental health authority described in Subsection (5) shall establish criteria to
73 determine the priority, between persons eligible for services under this section, for receiving
74 services under this section.
75 (7) It is the intent of the Legislature that the services provided under the pilot program
76 described in this section:
77 (a) do not constitute an entitlement of any kind; and
78 (b) may be withdrawn from a person at any time.
79 (8) The services provided under the pilot program described in this section may be
80 provided in connection with an existing assertive community treatment program or programs to
81 increase the level of the program to a fidelity scale model.
82 (9) The director of the division shall report to the Health and Human Services Interim
83 Committee during the 2011 interim regarding:
84 (a) the operation and accomplishments of the pilot program described in this section;
85 (b) whether the Legislature should convert the pilot program to an ongoing program
86 within the division; and
87 (c) recommendations for changes, if any, related to the pilot program.
88 (10) During the 2011 interim, the Health and Human Services Interim Committee
89 shall:

90 (a) hear or review the report described in Subsection (9); and
91 (b) determine whether the pilot program described in this section should be converted
92 into an ongoing program within the division.
93 Section 2. Section 63I-1-262 is amended to read:
94 63I-1-262. Repeal dates, Title 62A.
95 (1) Section 62A-5-103.1 , Program for provision of supported employment services, is
96 repealed July 1, 2013.
97 (2) Section 62A-5-103.2 , Pilot program for family preservation services, is repealed
98 July 1, 2009.
99 (3) Section 62A-15-113 , Pilot program for assertive community mental health
100 treatment, is repealed July 1, 2012.




Legislative Review Note
as of 1-13-09 6:44 AM

Office of Legislative Research and General Counsel