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7 LONG TITLE
8 General Description:
9 This bill amends the Department of Human Services' authority related to developing a
10 system of care.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends a definition;
14 ▸ clarifies the authority of the Department of Human Services related to developing a
15 system of care for minors with complex emotional and behavioral needs; and
16 ▸ modifies the components of a system of care; and
17 ▸ authorizes the department to develop an information technology infrastructure to
18 implement the system of care.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17-43-201, as last amended by Laws of Utah 2014, Chapter 213
26 17-43-301, as last amended by Laws of Utah 2014, Chapter 213
27 62A-1-104, as last amended by Laws of Utah 2014, Chapter 213
28 62A-1-111, as last amended by Laws of Utah 2014, Chapter 213
29 ENACTS:
30 62A-1-121, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 17-43-201 is amended to read:
34 17-43-201. Local substance abuse authorities -- Responsibilities.
35 (1) (a) (i) In each county operating under a county executive-council form of
36 government under Section 17-52-504, the county legislative body is the local substance abuse
37 authority, provided however that any contract for plan services shall be administered by the
38 county executive.
39 (ii) In each county operating under a council-manager form of government under
40 Section 17-52-505, the county manager is the local substance abuse authority.
41 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
42 county legislative body is the local substance abuse authority.
43 (b) Within legislative appropriations and county matching funds required by this
44 section, and under the direction of the division, each local substance abuse authority shall:
45 (i) develop substance abuse prevention and treatment services plans;
46 (ii) provide substance abuse services to residents of the county; and
47 (iii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
48 promote integrated programs that address an individual's substance abuse, mental health, and
49 physical healthcare needs, as described in Section 62A-15-103.
50 (c) Within legislative appropriations and county matching funds required by this
51 section, each local substance abuse authority shall cooperate with the efforts of the Department
52 of Human Services to promote a system of care, as defined in Section 62A-1-104, for minors
53 with [
54 [
55 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
56 Cooperation Act, two or more counties may join to provide substance abuse prevention and
57 treatment services.
58 (b) The legislative bodies of counties joining to provide services may establish
59 acceptable ways of apportioning the cost of substance abuse services.
60 (c) Each agreement for joint substance abuse services shall:
61 (i) (A) designate the treasurer of one of the participating counties or another person as
62 the treasurer for the combined substance abuse authorities and as the custodian of money
63 available for the joint services; and
64 (B) provide that the designated treasurer, or other disbursing officer authorized by the
65 treasurer, may make payments from the money for the joint services upon audit of the
66 appropriate auditing officer or officers representing the participating counties;
67 (ii) provide for the appointment of an independent auditor or a county auditor of one of
68 the participating counties as the designated auditing officer for the combined substance abuse
69 authorities;
70 (iii) (A) provide for the appointment of the county or district attorney of one of the
71 participating counties as the designated legal officer for the combined substance abuse
72 authorities; and
73 (B) authorize the designated legal officer to request and receive the assistance of the
74 county or district attorneys of the other participating counties in defending or prosecuting
75 actions within their counties relating to the combined substance abuse authorities; and
76 (iv) provide for the adoption of management, clinical, financial, procurement,
77 personnel, and administrative policies as already established by one of the participating
78 counties or as approved by the legislative body of each participating county or interlocal board.
79 (d) An agreement for joint substance abuse services may provide for joint operation of
80 services and facilities or for operation of services and facilities under contract by one
81 participating local substance abuse authority for other participating local substance abuse
82 authorities.
83 (3) (a) Each local substance abuse authority is accountable to the department, the
84 Department of Health, and the state with regard to the use of state and federal funds received
85 from those departments for substance abuse services, regardless of whether the services are
86 provided by a private contract provider.
87 (b) Each local substance abuse authority shall comply, and require compliance by its
88 contract provider, with all directives issued by the department and the Department of Health
89 regarding the use and expenditure of state and federal funds received from those departments
90 for the purpose of providing substance abuse programs and services. The department and
91 Department of Health shall ensure that those directives are not duplicative or conflicting, and
92 shall consult and coordinate with local substance abuse authorities with regard to programs and
93 services.
94 (4) Each local substance abuse authority shall:
95 (a) review and evaluate substance abuse prevention and treatment needs and services,
96 including substance abuse needs and services for individuals incarcerated in a county jail or
97 other county correctional facility;
98 (b) annually prepare and submit to the division a plan approved by the county
99 legislative body for funding and service delivery that includes:
100 (i) provisions for services, either directly by the substance abuse authority or by
101 contract, for adults, youth, and children, including those incarcerated in a county jail or other
102 county correctional facility; and
103 (ii) primary prevention, targeted prevention, early intervention, and treatment services;
104 (c) establish and maintain, either directly or by contract, programs licensed under Title
105 62A, Chapter 2, Licensure of Programs and Facilities;
106 (d) appoint directly or by contract a full or part time director for substance abuse
107 programs, and prescribe the director's duties;
108 (e) provide input and comment on new and revised rules established by the division;
109 (f) establish and require contract providers to establish administrative, clinical,
110 procurement, personnel, financial, and management policies regarding substance abuse services
111 and facilities, in accordance with the rules of the division, and state and federal law;
112 (g) establish mechanisms allowing for direct citizen input;
113 (h) annually contract with the division to provide substance abuse programs and
114 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
115 Mental Health Act;
116 (i) comply with all applicable state and federal statutes, policies, audit requirements,
117 contract requirements, and any directives resulting from those audits and contract requirements;
118 (j) promote or establish programs for the prevention of substance abuse within the
119 community setting through community-based prevention programs;
120 (k) provide funding equal to at least 20% of the state funds that it receives to fund
121 services described in the plan;
122 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
123 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
124 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
125 Other Local Entities Act;
126 (m) for persons convicted of driving under the influence in violation of Section
127 41-6a-502 or 41-6a-517, conduct the following as defined in Section 41-6a-501:
128 (i) a screening;
129 (ii) an assessment;
130 (iii) an educational series; and
131 (iv) substance abuse treatment; and
132 (n) utilize proceeds of the accounts described in Subsection 62A-15-503(1) to
133 supplement the cost of providing the services described in Subsection (4)(m).
134 (5) Before disbursing any public funds, each local substance abuse authority shall
135 require that each entity that receives any public funds from the local substance abuse authority
136 agrees in writing that:
137 (a) the entity's financial records and other records relevant to the entity's performance
138 of the services provided to the local substance abuse authority shall be subject to examination
139 by:
140 (i) the division;
141 (ii) the local substance abuse authority director;
142 (iii) (A) the county treasurer and county or district attorney; or
143 (B) if two or more counties jointly provide substance abuse services under an
144 agreement under Subsection (2), the designated treasurer and the designated legal officer;
145 (iv) the county legislative body; and
146 (v) in a county with a county executive that is separate from the county legislative
147 body, the county executive;
148 (b) the county auditor may examine and audit the entity's financial and other records
149 relevant to the entity's performance of the services provided to the local substance abuse
150 authority; and
151 (c) the entity will comply with the provisions of Subsection (3)(b).
152 (6) A local substance abuse authority may receive property, grants, gifts, supplies,
153 materials, contributions, and any benefit derived therefrom, for substance abuse services. If
154 those gifts are conditioned upon their use for a specified service or program, they shall be so
155 used.
156 (7) (a) As used in this section, "public funds" means the same as that term is defined in
157 Section 17-43-203.
158 (b) Public funds received for the provision of services pursuant to the local substance
159 abuse plan may not be used for any other purpose except those authorized in the contract
160 between the local substance abuse authority and the provider for the provision of plan services.
161 (8) Subject to the requirements of the federal Substance Abuse Prevention and
162 Treatment Block Grant, Public Law 102-321, a local substance abuse authority shall ensure
163 that all substance abuse treatment programs that receive public funds:
164 (a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
165 and
166 (b) if admission of a pregnant woman or a pregnant minor is not possible within 24
167 hours of the time that a request for admission is made, provide a comprehensive referral for
168 interim services that:
169 (i) are accessible to the pregnant woman or pregnant minor;
170 (ii) are best suited to provide services to the pregnant woman or pregnant minor;
171 (iii) may include:
172 (A) counseling;
173 (B) case management; or
174 (C) a support group; and
175 (iv) shall include a referral for:
176 (A) prenatal care; and
177 (B) counseling on the effects of alcohol and drug use during pregnancy.
178 (9) If a substance abuse treatment program described in Subsection (8) is not able to
179 accept and admit a pregnant woman or pregnant minor under Subsection (8) within 48 hours of
180 the time that request for admission is made, the local substance abuse authority shall contact
181 the Division of Substance Abuse and Mental Health for assistance in providing services to the
182 pregnant woman or pregnant minor.
183 Section 2. Section 17-43-301 is amended to read:
184 17-43-301. Local mental health authorities -- Responsibilities.
185 (1) (a) (i) In each county operating under a county executive-council form of
186 government under Section 17-52-504, the county legislative body is the local mental health
187 authority, provided however that any contract for plan services shall be administered by the
188 county executive.
189 (ii) In each county operating under a council-manager form of government under
190 Section 17-52-505, the county manager is the local mental health authority.
191 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
192 county legislative body is the local mental health authority.
193 (b) Within legislative appropriations and county matching funds required by this
194 section, under the direction of the division, each local mental health authority shall:
195 (i) provide mental health services to persons within the county; and
196 (ii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
197 promote integrated programs that address an individual's substance abuse, mental health, and
198 physical healthcare needs, as described in Section 62A-15-103.
199 (c) Within legislative appropriations and county matching funds required by this
200 section, each local mental health authority shall cooperate with the efforts of the Department of
201 Human Services to promote a system of care, as defined in Section 62A-1-104, for minors with
202 [
203 62A-1-121.
204 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
205 Cooperation Act, two or more counties may join to provide mental health prevention and
206 treatment services.
207 (b) The legislative bodies of counties joining to provide services may establish
208 acceptable ways of apportioning the cost of mental health services.
209 (c) Each agreement for joint mental health services shall:
210 (i) (A) designate the treasurer of one of the participating counties or another person as
211 the treasurer for the combined mental health authorities and as the custodian of money
212 available for the joint services; and
213 (B) provide that the designated treasurer, or other disbursing officer authorized by the
214 treasurer, may make payments from the money available for the joint services upon audit of the
215 appropriate auditing officer or officers representing the participating counties;
216 (ii) provide for the appointment of an independent auditor or a county auditor of one of
217 the participating counties as the designated auditing officer for the combined mental health
218 authorities;
219 (iii) (A) provide for the appointment of the county or district attorney of one of the
220 participating counties as the designated legal officer for the combined mental health
221 authorities; and
222 (B) authorize the designated legal officer to request and receive the assistance of the
223 county or district attorneys of the other participating counties in defending or prosecuting
224 actions within their counties relating to the combined mental health authorities; and
225 (iv) provide for the adoption of management, clinical, financial, procurement,
226 personnel, and administrative policies as already established by one of the participating
227 counties or as approved by the legislative body of each participating county or interlocal board.
228 (d) An agreement for joint mental health services may provide for:
229 (i) joint operation of services and facilities or for operation of services and facilities
230 under contract by one participating local mental health authority for other participating local
231 mental health authorities; and
232 (ii) allocation of appointments of members of the mental health advisory council
233 between or among participating counties.
234 (3) (a) Each local mental health authority is accountable to the department, the
235 Department of Health, and the state with regard to the use of state and federal funds received
236 from those departments for mental health services, regardless of whether the services are
237 provided by a private contract provider.
238 (b) Each local mental health authority shall comply, and require compliance by its
239 contract provider, with all directives issued by the department and the Department of Health
240 regarding the use and expenditure of state and federal funds received from those departments
241 for the purpose of providing mental health programs and services. The department and
242 Department of Health shall ensure that those directives are not duplicative or conflicting, and
243 shall consult and coordinate with local mental health authorities with regard to programs and
244 services.
245 (4) (a) Each local mental health authority shall:
246 (i) review and evaluate mental health needs and services, including mental health needs
247 and services for persons incarcerated in a county jail or other county correctional facility;
248 (ii) as provided in Subsection (4)(b), annually prepare and submit to the division a plan
249 approved by the county legislative body for mental health funding and service delivery, either
250 directly by the local mental health authority or by contract;
251 (iii) establish and maintain, either directly or by contract, programs licensed under Title
252 62A, Chapter 2, Licensure of Programs and Facilities;
253 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
254 programs and prescribe the director's duties;
255 (v) provide input and comment on new and revised rules established by the division;
256 (vi) establish and require contract providers to establish administrative, clinical,
257 personnel, financial, procurement, and management policies regarding mental health services
258 and facilities, in accordance with the rules of the division, and state and federal law;
259 (vii) establish mechanisms allowing for direct citizen input;
260 (viii) annually contract with the division to provide mental health programs and
261 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
262 Mental Health Act;
263 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
264 contract requirements, and any directives resulting from those audits and contract requirements;
265 (x) provide funding equal to at least 20% of the state funds that it receives to fund
266 services described in the plan;
267 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
268 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
269 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
270 Other Local Entities Act; and
271 (xii) take and retain physical custody of minors committed to the physical custody of
272 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
273 Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
274 (b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, and
275 children, which shall include:
276 (i) inpatient care and services;
277 (ii) residential care and services;
278 (iii) outpatient care and services;
279 (iv) 24-hour crisis care and services;
280 (v) psychotropic medication management;
281 (vi) psychosocial rehabilitation, including vocational training and skills development;
282 (vii) case management;
283 (viii) community supports, including in-home services, housing, family support
284 services, and respite services;
285 (ix) consultation and education services, including case consultation, collaboration
286 with other county service agencies, public education, and public information; and
287 (x) services to persons incarcerated in a county jail or other county correctional facility.
288 (5) Before disbursing any public funds, each local mental health authority shall require
289 that each entity that receives any public funds from a local mental health authority agrees in
290 writing that:
291 (a) the entity's financial records and other records relevant to the entity's performance
292 of the services provided to the mental health authority shall be subject to examination by:
293 (i) the division;
294 (ii) the local mental health authority director;
295 (iii) (A) the county treasurer and county or district attorney; or
296 (B) if two or more counties jointly provide mental health services under an agreement
297 under Subsection (2), the designated treasurer and the designated legal officer;
298 (iv) the county legislative body; and
299 (v) in a county with a county executive that is separate from the county legislative
300 body, the county executive;
301 (b) the county auditor may examine and audit the entity's financial and other records
302 relevant to the entity's performance of the services provided to the local mental health
303 authority; and
304 (c) the entity will comply with the provisions of Subsection (3)(b).
305 (6) A local mental health authority may receive property, grants, gifts, supplies,
306 materials, contributions, and any benefit derived therefrom, for mental health services. If those
307 gifts are conditioned upon their use for a specified service or program, they shall be so used.
308 (7) (a) As used in this section, "public funds" means the same as that term is defined in
309 Section 17-43-303.
310 (b) Public funds received for the provision of services pursuant to the local mental
311 health plan may not be used for any other purpose except those authorized in the contract
312 between the local mental health authority and the provider for the provision of plan services.
313 Section 3. Section 62A-1-104 is amended to read:
314 62A-1-104. Definitions.
315 (1) As used in this title:
316 (a) "Concurrence of the board" means agreement by a majority of the members of a
317 board.
318 (b) "Department" means the Department of Human Services established in Section
319 62A-1-102.
320 (c) "Executive director" means the executive director of the department, appointed
321 pursuant to Section 62A-1-108.
322 (d) "System of care" means a broad, flexible array of services and supports, as
323 described in Section 62A-1-121, for minors with [
324 behavioral needs [
325
326
327
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329 department's divisions, offices, or institutions, or who are at risk of needing services through
330 the department or any of the department's divisions, offices, or institutions.
331 (2) The definitions provided in Subsection (1) are to be applied in addition to
332 definitions contained throughout this title which are applicable to specific chapters or parts.
333 Section 4. Section 62A-1-111 is amended to read:
334 62A-1-111. Department authority.
335 (1) The department may, in addition to all other authority and responsibility granted to
336 it by law:
337 [
338 necessary or desirable for providing social services to the people of this state;
339 [
340 community programs, at the request of the client or the client's legal guardian or representative,
341 or in accordance with federal law;
342 [
343 responsible to provide for legally eligible persons;
344 [
345 the procedures of Title 63G, Chapter 4, Administrative Procedures Act;
346 [
347 federal law or regulations;
348 [
349 value of services provided to a recipient who was not eligible;
350 [
351 [
352 prohibited, or limited by law;
353 [
354 by the department, not inconsistent with state law;
355 [
356 or the proceeds thereof, may be credited to the program designated by the donor, and may be
357 used for the purposes requested by the donor, as long as the request conforms to state and
358 federal policy; all donated funds shall be considered private, nonlapsing funds and may be
359 invested under guidelines established by the state treasurer;
360 [
361 to reimburse volunteers for necessary expenses, when the department considers that
362 reimbursement to be appropriate;
363 [
364 State Council on Workforce Services;
365 [
366 coordination of services for the homeless;
367 [
368 coordination of services for students with a disability;
369 [
370 [
371 [
372 parents whose child lives out of the home in a department licensed or certified setting;
373 [
374 Legislature, in cases where the department is given custody of a minor by the juvenile court
375 pursuant to Section 78A-6-117 or ordered to prepare an attainment plan for a minor found not
376 competent to proceed pursuant to Section 78A-6-1301; any policy and procedures shall
377 include:
378 [
379 [
380 [
381 implementation of a collaborative service plan for each minor placed in department custody;
382 and
383 [
384 [
385 [
386 substance abuse authorities, local mental health authorities, local area agencies on aging, and
387 any person, agency, or organization that contracts with or receives funds from those authorities
388 or agencies. Those local authorities, area agencies, and any person or entity that contracts with
389 or receives funds from those authorities or area agencies, shall provide the department with any
390 information the department considers necessary. The department is further authorized to issue
391 directives resulting from any examination or audit to local authorities, area agencies, and
392 persons or entities that contract with or receive funds from those authorities with regard to any
393 public funds. If the department determines that it is necessary to withhold funds from a local
394 mental health authority or local substance abuse authority based on failure to comply with state
395 or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
396 services. For purposes of this Subsection (20) "public funds" means the same as that term is
397 defined in Section 62A-15-102; and
398 [
399 persons to provide intercountry adoption services[
400 [
401 (2) The department shall promote and develop a system of care, as [
402
403
404 Section 5. Section 62A-1-121 is enacted to read:
405 62A-1-121. System of care.
406 (1) The department shall promote and develop a system of care within the department
407 or any of the department's divisions, offices, or institutions.
408 (2) The system of care shall serve minors with complex emotional and behavioral
409 needs who are receiving services through the department or any of the department's divisions,
410 offices, or institutions, or who are at risk of needing services through the department or any of
411 the department's divisions, offices, or institutions.
412 (3) The system of care shall incorporate a broad, flexible array of services and supports
413 that:
414 (a) is home and community based;
415 (b) integrates service planning, service coordination, and management across state and
416 local entities in a team-based approach;
417 (c) includes individualized, person-centered planning;
418 (d) builds meaningful partnerships with minors and minors' families; and
419 (e) provides supportive management and policy infrastructure that is organized into a
420 coordinated network.
421 (4) The department may develop an information technology infrastructure to
422 implement the system of care, including the following components:
423 (a) sharing of information between minors' families and state and local entities
424 involved in the care of the minors, in accordance with state and federal law;
425 (b) documentation of care provided to minors and minors' families;
426 (c) an electronic health record system that complies with federal privacy requirements,
427 including the Health Insurance Portability and Accountability Act of 1996; and
428 (d) design and develop a data collection system for purposes of data mining and
429 extracting the aggregate data to make informed business decisions.
430 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
431 department shall make rules to accomplish the requirements described in Subsection (4).