1     
TELEHEALTH MENTAL HEALTH PROGRAM

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Raymond P. Ward

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     Committee Note:
9          The Health and Human Services Interim Committee recommended this bill.
10               Legislative Vote:     15 voting for     0 voting against     2 absent
11     General Description:
12          This bill modifies provisions relating to a program for providing telehealth mental
13     health services.
14     Highlighted Provisions:
15          This bill:
16          ▸     removes the sunset date from provisions requiring the Division of Substance Abuse
17     and Mental Health within the Department of Human Services to award a grant for a
18     telehealth mental health pilot program and provisions describing the program as a
19     pilot program; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          62A-15-114, as enacted by Laws of Utah 2018, Chapter 74
28          63I-1-262, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 62A-15-114 is amended to read:
32          62A-15-114. Telehealth Mental Health Grant Program.
33          (1) As used in this section:
34          (a) "Grant" means a grant awarded by the division under this section to a person to
35     develop and implement a project.
36          (b) "Project" means a telehealth mental health [pilot] project for which the division
37     awards a grant under this section.
38          (c) "Public school" means:
39          (i) a school district;
40          (ii) a school under the control of a school district;
41          (iii) a charter school; or
42          (iv) the Utah Schools for the Deaf and the Blind.
43          (d) "Telehealth mental health services" means mental health services provided
44     remotely through the use of telecommunications technology.
45          (e) "Utah State Hospital" means the Utah State Hospital established in Section
46     62A-15-601.
47          (2) (a) [On or before July 1, 2018, the] The division shall issue a project proposal
48     request in accordance with this section to award a grant to:
49          (i) one or more local authorities to develop and implement one or more projects in one
50     or more public schools in the state; or
51          (ii) the Utah State Hospital to develop and implement one or more projects in the state.
52          (b) An application for a project described in Subsection (2)(a) shall be submitted
53     jointly by:
54          (i) a public school or the Utah State Hospital; and
55          (ii) a provider of telehealth mental health services.
56          [(c) The division shall award all grants under this section before December 31, 2018.]
57          [(d) A project shall run for two years.]
58          [(3) The purpose of the telehealth mental health pilot program is to:]
59          [(a) determine how telehealth mental health services can best be used in the state to:]
60          [(i) increase access to mental health services by public school students;]
61          [(ii) increase the timeliness and effectiveness of mental health crisis intervention
62     services for public school students;]
63          [(iii) reduce the cost associated with providing mental health services to public school
64     students; and]
65          [(iv) increase access to mental health services by public school students in underserved
66     areas of the state;]
67          [(b) identify best practices for providing telehealth mental health services to public
68     school students in the state; and]
69          [(c) identify the best methods of using telecommunications technology to provide
70     mental health services to public school students remotely.]
71          [(4)] (3) Persons who apply for a grant under this section shall:
72          (a) identify the population to which the proposed project will provide telehealth mental
73     health services;
74          (b) explain how the population described in Subsection [(4)] (3)(a):
75          (i) is currently underserved; and
76          (ii) will benefit from the provision of telehealth mental health services;
77          (c) provide details regarding:
78          (i) how the proposed project will provide the telehealth mental health services;
79          (ii) the projected costs of providing the telehealth mental health services;
80          (iii) the sustainability of the proposed project; and
81          (iv) the methods that the proposed project will use to:
82          (A) protect the privacy of students and patients;
83          (B) collect nonidentifying data relating to the proposed project; and
84          (C) provide transparency on the costs and operation of the proposed project; and
85          (d) provide other information requested by the division to ensure that the proposed
86     project satisfies the criteria described in Subsection [(5)] (4).
87          [(5)] (4) In evaluating a proposal for a grant, the division shall consider:
88          [(a) the extent to which the proposed project will fulfill the purposes described in
89     Subsection (3);]
90          [(b)] (a) the extent to which the population that will be served by the proposed project
91     is:
92          (i) currently underserved; and
93          (ii) likely to benefit from the proposed project;
94          [(c)] (b) the cost of the proposed project;
95          [(d)] (c) the viability and innovation of the proposed project; and
96          [(e)] (d) the extent to which the proposed project will yield useful data to evaluate the
97     effectiveness of the proposed project.
98          [(6)] (5) (a) Within six months after the day on which the division awards a grant, the
99     division shall report to the Health and Human Services Interim Committee regarding:
100          (i) each person who received a grant; and
101          (ii) the details of each project.
102          (b) Within six months after the day on which a project concludes, the division shall
103     report to the Health and Human Services Interim Committee regarding:
104          (i) the success of each project;
105          (ii) data gathered in relation to each project;
106          (iii) knowledge gained from each project relating to the provision of telehealth mental
107     health services;
108          (iv) proposals for the future use of telehealth mental health services in the state;
109          (v) obstacles encountered in the provision of telehealth mental health services; and
110          (vi) changes needed in the law to overcome obstacles to providing telehealth mental
111     health services.
112          Section 2. Section 63I-1-262 is amended to read:
113          63I-1-262. Repeal dates, Title 62A.
114          (1) Subsections 62A-1-120(8)(g), (h), and (i) relating to completion of premarital
115     counseling or education under Section 30-1-34 are repealed July 1, 2023.
116          (2) Section 62A-3-209 is repealed July 1, 2023.
117          (3) Section 62A-4a-202.9 is repealed December 31, 2021.
118          (4) Section 62A-4a-213 is repealed July 1, 2024.
119          (5) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which create the
120     Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
121          [(6) Section 62A-15-114 is repealed December 31, 2021.]
122          [(7)] (6) Subsections 62A-15-116(1) and [(4)] (5), the language that states "In
123     consultation with the Behavioral Health Crisis Response Commission, established in Section
124     63C-18-202," is repealed January 1, 2023.
125          [(8)] (7) Section 62A-15-118 is repealed December 31, 2023.
126          [(9)] (8) Subsections 62A-15-605(3)(h) and (4) relating to the study of long-term needs
127     for adult beds in the state hospital are repealed July 1, 2022.
128          [(10)] (9) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
129     Council, is repealed July 1, 2023.
130          [(11)] (10) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
131     Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
132          [(12)] (11) In relation to the Behavioral Health Crisis Response Commission, on July
133     1, 2023:
134          (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
135          (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
136     the commission" is repealed;
137          (c) [Section] Subsection 62A-15-1303(1), the language that states "In consultation with
138     the commission," is repealed;
139          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
140     from the commission," is repealed; and
141          (e) Subsection 62A-15-1702(6) is repealed.