1     
BEHAVIORAL HEALTH SERVICES AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
House Sponsor: Stewart E. Barlow

6     

7     LONG TITLE
8     General Description:
9          This bill addresses behavioral health treatment and services.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Department of Health to:
14               •     award a grant to a local mental health authority to implement or expand an
15     integrated behavioral health program;
16               •     develop a proposal to allow the state Medicaid program to reimburse a local
17     mental health authority for physical health services in an integrated behavioral
18     health care setting; and
19               •     apply for a waiver under the state Medicaid plan to implement the proposal;
20          ▸     allows a certain medication-assistance treatment drug to be recycled under the
21     Charitable Prescription Drug Recycling Act, subject to federal law;
22          ▸     creates a sunset date;
23          ▸     creates reporting requirements; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          This bill appropriates in fiscal year 2023:
27          ▸     to Department of Health and Human Services -- Integrated Health Care Services --
28     Medicaid Behavioral Health Services, as an ongoing appropriation:
29               •     from General Fund, $116,000; and

30          ▸     to Department of Health and Human Services -- Integrated Health Care Services --
31     Medicaid Behavioral Health Services, as a one-time appropriation:
32               •     from General Fund, One-time, $87,000.
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          58-17b-902, as last amended by Laws of Utah 2021, Chapter 397
38          58-17b-905, as last amended by Laws of Utah 2021, Chapter 397
39          63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
40     and 417
41     ENACTS:
42          26-1-43, Utah Code Annotated 1953
43          26-18-427, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 26-1-43 is enacted to read:
47          26-1-43. Integrated behavioral health care grant program.
48          (1) As used in this section:
49          (a) "Integrated behavioral health care services" means coordinated physical and
50     behavioral health care services for one patient.
51          (b) "Local mental health authority" means a local mental health authority described in
52     Section 17-43-301.
53          (c) "Project" means a project described in Subsection (2).
54          (2) Before July 1 of each year, the department shall issue a request for proposals in
55     accordance with this section to award a grant to a local mental health authority for development
56     or expansion of a project to provide effective delivery of integrated behavioral health care
57     services.

58          (3) To be considered for a grant award under Subsection (2), a local mental health
59     authority shall submit an application to the department that:
60          (a) explains the benefits of integrated behavioral health care services to a patient who is
61     receiving mental health or substance use disorder treatment;
62          (b) describes the local mental health authority's operational plan for delivery of
63     integrated behavioral health care services under the proposed project and any data or
64     evidence-based practices supporting the likely success of the operational plan;
65          (c) includes:
66          (i) the number of patients to be served by the local mental health authority's proposed
67     project; and
68          (ii) the cost of the local mental health authority's proposed project; and
69          (d) provides details regarding:
70          (i) any plan to use funding sources in addition to the grant award under this section for
71     the local mental health authority's proposed project;
72          (ii) any existing or planned contracts or partnerships between the local mental health
73     authority and other individuals or entities to develop or implement the local mental health
74     authority's proposed project; and
75          (iii) the sustainability and reliability of the local mental health authority's proposed
76     project.
77          (4) In evaluating a local mental health authority's application under Subsection (3) to
78     determine the grant award under Subsection (2), the department shall consider:
79          (a) how the local mental health authority's proposed project will ensure effective
80     provision of integrated behavioral health care services;
81          (b) the cost of the local mental health authority's proposed project;
82          (c) the extent to which any existing or planned contracts or partnerships or additional
83     funding sources described in the local mental health authority's application are likely to benefit
84     the proposed project; and
85          (d) the sustainability and reliability of the local mental health authority's proposed

86     project.
87          (5) Before July 1, 2025, the department shall report to the Health and Human Services
88     Interim Committee regarding:
89          (a) any knowledge gained or obstacles encountered in providing integrated behavioral
90     health care services under each project;
91          (b) data gathered in relation to each project; and
92          (c) recommendations for expanding a project statewide.
93          Section 2. Section 26-18-427 is enacted to read:
94          26-18-427. Medicaid waiver for increased integrated health care reimbursement.
95          (1) As used in this section:
96          (a) "Integrated health care setting" means a health care or behavioral health care setting
97     that provides integrated physical and behavioral health care services.
98          (b) "Local mental health authority" means a local mental health authority described in
99     Section 17-43-301.
100          (2) The department shall develop a proposal to allow the state Medicaid program to
101     reimburse a local mental health authority for covered physical health care services provided in
102     an integrated health care setting to Medicaid eligible individuals.
103          (3) Before December 31, 2022, the department shall apply for a Medicaid waiver or a
104     state plan amendment with CMS to implement the proposal described in Subsection (2).
105          (4) If the waiver or state plan amendment described in Subsection (3) is approved, the
106     department shall:
107          (a) implement the proposal described in Subsection (2); and
108          (b) while the waiver or state plan amendment is in effect, submit a report to the Health
109     and Human Services Interim Committee each year before November 30 detailing:
110          (i) the number of patients served under the waiver or state plan amendment;
111          (ii) the cost of the waiver or state plan amendment; and
112          (iii) any benefits of the waiver or state plan amendment.
113          Section 3. Section 58-17b-902 is amended to read:

114          58-17b-902. Definitions.
115          As used in this part:
116          (1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.
117          (2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a
118     drug used in chemotherapy to destroy cancer cells.
119          (3) "Charitable clinic" means a charitable nonprofit corporation that:
120          (a) holds a valid exemption from federal income taxation issued under Section 501(a),
121     Internal Revenue Code;
122          (b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
123     Code;
124          (c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to
125     an individual not residing or confined at a facility owned or operated by the charitable
126     nonprofit corporation:
127          (i) advice;
128          (ii) counseling;
129          (iii) diagnosis;
130          (iv) treatment;
131          (v) surgery; or
132          (vi) care or services relating to the preservation or maintenance of health; and
133          (d) has a licensed outpatient pharmacy.
134          (4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable
135     clinic.
136          (5) "County health department" means the same as that term is defined in Section
137     26A-1-102.
138          (6) "Donated prescription drug" means a prescription drug that an eligible donor or
139     individual donates to an eligible pharmacy under the program.
140          (7) "Eligible donor" means a donor that donates a prescription drug from within the
141     state and is:

142          (a) a nursing care facility;
143          (b) an assisted living facility;
144          (c) a licensed intermediate care facility for people with an intellectual disability;
145          (d) a manufacturer;
146          (e) a pharmaceutical wholesale distributor;
147          (f) an eligible pharmacy; or
148          (g) a physician's office.
149          (8) "Eligible pharmacy" means a pharmacy that:
150          (a) is registered by the division as eligible to participate in the program; and
151          (b) (i) is licensed in the state as a Class A retail pharmacy; or
152          (ii) is operated by:
153          (A) a county;
154          (B) a county health department;
155          (C) a pharmacy under contract with a county health department;
156          (D) the Department of Health, created in Section 26-1-4;
157          (E) the Division of Substance Abuse and Mental Health, created in Section
158     62A-15-103; or
159          (F) a charitable clinic.
160          (9) (a) "Eligible prescription drug" means a prescription drug, described in Section
161     58-17b-904, that is not:
162          [(a)] (i) except as provided in Subsection (9)(b), a controlled substance; or
163          [(b)] (ii) a drug that can only be dispensed to a patient registered with the drug's
164     manufacturer in accordance with federal Food and Drug Administration requirements.
165          (b) "Eligible prescription drug" includes a medication-assisted treatment drug that may
166     be accepted, transferred, and dispensed under the program in accordance with federal law.
167          (10) "Licensed intermediate care facility for people with an intellectual disability"
168     means the same as that term is defined in Section 58-17b-503.
169          (11) "Medically indigent individual" means an individual who:

170          (a) (i) does not have health insurance; and
171          (ii) lacks reasonable means to purchase prescribed medications; or
172          (b) (i) has health insurance; and
173          (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed
174     medications.
175          (12) "Medication-assisted treatment drug" means buprenorphine prescribed to treat
176     substance use withdrawal symptoms or an opiate use disorder.
177          [(12)] (13) "Nursing care facility" means the same as that term is defined in Section
178     26-18-501.
179          [(13)] (14) "Physician's office" means a fixed medical facility that:
180          (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
181     nurse, licensed under Title 58, Occupations and Professions; and
182          (b) treats an individual who presents at, or is transported to, the facility.
183          [(14)] (15) "Program" means the Charitable Prescription Drug Recycling Program
184     created in Section 58-17b-903.
185          [(15)] (16) "Unit pack" means the same as that term is defined in Section 58-17b-503.
186          [(16)] (17) "Unlawful conduct" means the same as that term is defined in Sections
187     58-1-501 and 58-17b-501.
188          [(17)] (18) "Unprofessional conduct" means the same as that term is defined in
189     Sections 58-1-501 and 58-17b-502.
190          Section 4. Section 58-17b-905 is amended to read:
191          58-17b-905. Participation in program -- Requirements -- Fees.
192          (1) An eligible donor, an individual, or an eligible pharmacy may participate in the
193     program.
194          (2) An eligible pharmacy:
195          (a) shall comply with all applicable federal and state laws related to the storage,
196     disposal, and distribution of a prescription drug;
197          (b) shall comply with all applicable federal and state laws related to the acceptance and

198     transfer of a prescription drug, including 21 U.S.C. Chapter 9, Subchapter V, Part H,
199     Pharmaceutical Distribution Supply Chain;
200          (c) shall, before accepting or dispensing a prescription drug under the program, inspect
201     each prescription drug to determine whether the prescription drug is an eligible prescription
202     drug;
203          (d) may dispense an eligible prescription drug to a medically indigent individual who:
204          (i) is located in the state when the drug is dispensed; and
205          (ii) has a prescription issued by a practitioner;
206          (e) may charge a handling fee, adopted by the division under Section 63J-1-504; and
207          (f) may not accept, transfer, or dispense a prescription drug in violation of the federal
208     Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
209          Section 5. Section 63I-1-226 is amended to read:
210          63I-1-226. Repeal dates, Title 26.
211          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
212     Committee, is repealed July 1, 2024.
213          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
214     July 1, 2025.
215          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
216     1, 2025.
217          (4) Section 26-1-40 is repealed July 1, 2022.
218          (5) Section 26-1-41 is repealed July 1, 2026.
219          (6) Section 26-7-10 is repealed July 1, 2025.
220          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
221     2028.
222          (8) Section 26-7-14 is repealed December 31, 2027.
223          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
224     1, 2025.
225          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,

226     is repealed July 1, 2026.
227          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
228     July 1, 2025.
229          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
230     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
231          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
232     repealed July 1, 2028.
233          (14) Section 26-18-27 is repealed July 1, 2025.
234          (15) Section 26-1-43 is repealed December 31, 2025.
235          [(15)] (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
236     July 1, 2027.
237          [(16)] (17) Subsection 26-18-418(2), the language that states "and the Behavioral
238     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
239          [(17)] (18) Section 26-33a-117 is repealed on December 31, 2023.
240          [(18)] (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
241     2024.
242          [(19)] (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
243     1, 2024.
244          [(20)] (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
245     repealed July 1, 2024.
246          [(21)] (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
247     1, 2024.
248          [(22)] (23) Section 26-39-201, which creates the Residential Child Care Licensing
249     Advisory Committee, is repealed July 1, 2024.
250          [(23)] (24) Section 26-40-104, which creates the Utah Children's Health Insurance
251     Program Advisory Council, is repealed July 1, 2025.
252          [(24)] (25) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
253     Committee, is repealed July 1, 2025.

254          [(25)] (26) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
255     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
256          [(26)] (27) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
257     repealed July 1, 2026.
258          [(27)] (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
259     July 1, 2026.
260          [(28)] (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
261     1, 2024.
262          Section 6. Appropriation.
263          The following sums of money are appropriated for the fiscal year beginning July 1,
264     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
265     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
266     Act, the Legislature appropriates the following sums of money from the funds or accounts
267     indicated for the use and support of the government of the state of Utah.
268     ITEM 1
269          To Department of Health and Human Services -- Integrated Health Care Services
270               From General Fund
$116,000

271               From General Fund, One-time
$87,000

272               Schedule of Programs:
273                    Medicaid Behavioral Health Services          $203,000
274          The Legislature intends that the appropriations provided under this item be used to
275     award grants under the integrated behavioral health care grant program created in Section
276     26-1-43.