Representative Marsha Judkins proposes the following substitute bill:


1     
MENTAL HEALTH TREATMENT STUDY

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: John D. Johnson

6     

7     LONG TITLE
8     General Description:
9          This bill requires a study of mental health treatment and supports.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Office of Substance Use and Mental Health (office) to conduct a study
14     on the delivery and accessibility of mental health treatment and supports in the
15     state;
16          ▸     describes the requirements of the study; and
17          ▸     requires the office to present a report on the results of the study to the Health and
18     Human Services Interim Committee by December 31, 2024.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     ENACTS:
25          62A-15-125, Utah Code Annotated 1953

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 62A-15-125 is enacted to read:
29          62A-15-125. Mental health treatment study.
30          (1) As used in this section:
31          (a) "Aggregate data" means data that:
32          (i) are totaled and reported at the group, cohort, class, course, institution, region, or
33     state level, with at least 10 individuals in the level; and
34          (ii) do not reveal particular individuals.
35          (b) "Deidentified data" means data that:
36          (i) cannot reasonably be linked to an identifiable individual; and
37          (ii) are possessed by an entity that:
38          (A) takes administrative and technical measures to ensure that the data cannot be
39     associated with a particular individual;
40          (B) makes a public commitment to maintain and use data in deidentified form and not
41     attempt to reidentify data; and
42          (C) enters into legally enforceable contractual obligation that prohibits a recipient of
43     the data from attempting to reidentify the data.
44          (c) "Office" means the Office of Substance Use and Mental Health.
45          (2) (a) Before July 1, 2024, the office shall conduct a study on the delivery and
46     accessibility of mental health treatment and supports in the state.
47          (b) In conducting the study, the office shall, while observing privacy best practices and
48     applicable state and federal laws and rules:
49          (i) collect aggregate data or otherwise deidentified data regarding:
50          (A) the number of individuals with a mental illness, and the number of individuals with
51     a serious and persistent mental illness, who receive mental health treatment or supports in the
52     state;
53          (B) the number of individuals with a mental illness, and the number of individuals with
54     a serious and persistent mental illness, who are civilly committed; and
55          (C) the number of individuals with a mental illness, and the number of individuals with
56     a serious and persistent mental illness, who are not receiving, but would benefit from, mental

57     health treatment or supports;
58          (ii) determine the projected growth for each of the populations described in Subsection
59     (2)(b)(i) over the next three, five, and 10 years, and the likely impact of that projected growth
60     on the mental health treatment and supports available in the state;
61          (iii) identify:
62          (A) resources and funding available for mental health treatment and supports in the
63     state, including federal funding provided after January 1, 2020, to the state or a state agency;
64          (B) delivery models for mental health treatment and supports that prevent or delay
65     crisis intervention, hospitalization, or incarceration;
66          (C) barriers to access to mental health treatment and supports for the populations
67     described in Subsection (2)(b)(i);
68          (D) any impact of the federal funding described in Subsection (2)(b)(iii)(A) on the
69     availability of mental health treatment or supports in the state; and
70          (E) funding or service delivery gaps related to mental health treatment and supports in
71     the state;
72          (iv) examine models, policies, or legislation enacted throughout the United States
73     related to mental health treatment and supports and the effectiveness of the models, policies, or
74     legislation in improving access to, delivery, and outcomes of mental health treatment and
75     supports; and
76          (v) seek input from and actively engage with the public and community partners,
77     including stakeholders representing the populations described in Subsection (2)(b)(i), health
78     care providers, and other professionals.
79          (c) For data that is not or cannot feasibly be converted to aggregate data or deidentified
80     data, the office shall seek express consent from each affected individual prior to including that
81     data in the study or the report under Subsection (4).
82          (3) The department may, subject to Title 63G, Chapter 6a, Utah Procurement Code,
83     contract with another state agency, a private entity, or a research institution to assist the
84     department with the study described in Subsection (2).
85          (4) Before December 31, 2024, the office shall submit to the Health and Human
86     Services Interim Committee a final written report regarding the study described in Subsection
87     (2) that includes:

88          (a) a comprehensive, multi-year plan with goals, objectives, and measurable outcomes
89     to address any gaps identified in the study under Subsection (2)(b)(iii)(E) and the current and
90     future mental health treatment and supports needs in the state;
91          (b) references to all sources of information and data used in the final written report and
92     in the study; and
93          (c) recommendations to improve the delivery and accessibility of mental health
94     treatment and supports to the populations described in Subsection (2)(b)(i).