Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 229 First Substitute (2016GS)

Sponsor

Rep. Redd, E.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends a definition;
• clarifies the authority of the Department of Human Services related to developing a system of care for minors with complex emotional and behavioral needs; and
• modifies the components of a system of care; and
• authorizes the department to develop an information technology infrastructure to implement the system of care.

Every vote on this bill

Bill text

SYSTEM OF CARE DEVELOPMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the Department of Human Services' authority related to developing a
system of care.
Highlighted Provisions:
This bill:
▸ amends a definition;
▸ clarifies the authority of the Department of Human Services related to developing a
system of care for minors with complex emotional and behavioral needs; and
▸ modifies the components of a system of care; and
▸ authorizes the department to develop an information technology infrastructure to
implement the system of care.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-43-201
, as last amended by Laws of Utah 2014, Chapter 213
17-43-301
, as last amended by Laws of Utah 2014, Chapter 213
62A-1-104
, as last amended by Laws of Utah 2014, Chapter 213
62A-1-111
, as last amended by Laws of Utah 2014, Chapter 213
ENACTS:
62A-1-121
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-43-201
 is amended to read:
17-43-201.
Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52-504
, the county legislative body is the local substance abuse
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52-505
, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this
section, and under the direction of the division, each local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans;
(ii) provide substance abuse services to residents of the county; and
(iii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
promote integrated programs that address an individual's substance abuse, mental health, and
physical healthcare needs, as described in Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local substance abuse authority shall cooperate with the efforts of the Department
of Human Services to promote a system of care, as defined in Section 
62A-1-104
, for minors
with [
or at risk for
] complex emotional and behavioral needs, as described in Section
[
62A-1-111
] 
62A-1-121
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide substance abuse prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined substance abuse authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) (a) Each local substance abuse authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing substance abuse programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(4) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or
other county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county
legislative body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by
contract, for adults, youth, and children, including those incarcerated in a county jail or other
county correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised rules established by the division;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the rules of the division, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of Section
41-6a-502
 or 
41-6a-517
, conduct the following as defined in Section 
41-6a-501
:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 
62A-15-503
(1) to
supplement the cost of providing the services described in Subsection (4)(m).
(5) Before disbursing any public funds, each local substance abuse authority shall
require that each entity that receives any public funds from the local substance abuse authority
agrees in writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the local substance abuse authority shall be subject to examination
by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an
agreement under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If
those gifts are conditioned upon their use for a specified service or program, they shall be so
used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-203
.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract
between the local substance abuse authority and the provider for the provision of plan services.
(8) Subject to the requirements of the federal Substance Abuse Prevention and
Treatment Block Grant, Public Law 102-321, a local substance abuse authority shall ensure
that all substance abuse treatment programs that receive public funds:
(a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
and
(b) if admission of a pregnant woman or a pregnant minor is not possible within 24
hours of the time that a request for admission is made, provide a comprehensive referral for
interim services that:
(i) are accessible to the pregnant woman or pregnant minor;
(ii) are best suited to provide services to the pregnant woman or pregnant minor;
(iii) may include:
(A) counseling;
(B) case management; or
(C) a support group; and
(iv) shall include a referral for:
(A) prenatal care; and
(B) counseling on the effects of alcohol and drug use during pregnancy.
(9) If a substance abuse treatment program described in Subsection (8) is not able to
accept and admit a pregnant woman or pregnant minor under Subsection (8) within 48 hours of
the time that request for admission is made, the local substance abuse authority shall contact
the Division of Substance Abuse and Mental Health for assistance in providing services to the
pregnant woman or pregnant minor.
Section 2. Section 
17-43-301
 is amended to read:
17-43-301.
Local mental health authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52-504
, the county legislative body is the local mental health
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52-505
, the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this
section, under the direction of the division, each local mental health authority shall:
(i) provide mental health services to persons within the county; and
(ii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
promote integrated programs that address an individual's substance abuse, mental health, and
physical healthcare needs, as described in Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local mental health authority shall cooperate with the efforts of the Department of
Human Services to promote a system of care, as defined in Section 
62A-1-104
, for minors with
[
or at risk for
] complex emotional and behavioral needs, as described in Section [
62A-1-111
]
62A-1-121
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide mental health prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined mental health authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money available for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined mental health
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined mental health
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council
between or among participating counties.
(3) (a) Each local mental health authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for mental health services, regardless of whether the services are
provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing mental health programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local mental health authorities with regard to programs and
services.
(4) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needs
and services for persons incarcerated in a county jail or other county correctional facility;
(ii) as provided in Subsection (4)(b), annually prepare and submit to the division a plan
approved by the county legislative body for mental health funding and service delivery, either
directly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(iv) appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v) provide input and comment on new and revised rules established by the division;
(vi) establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental health services
and facilities, in accordance with the rules of the division, and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, and
children, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support
services, and respite services;
(ix) consultation and education services, including case consultation, collaboration
with other county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(5) Before disbursing any public funds, each local mental health authority shall require
that each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health
authority; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local mental health authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-303
.
(b) Public funds received for the provision of services pursuant to the local mental
health plan may not be used for any other purpose except those authorized in the contract
between the local mental health authority and the provider for the provision of plan services.
Section 3. Section 
62A-1-104
 is amended to read:
62A-1-104.
Definitions.
(1) As used in this title:
(a) "Concurrence of the board" means agreement by a majority of the members of a
board.
(b) "Department" means the Department of Human Services established in Section
62A-1-102
.
(c) "Executive director" means the executive director of the department, appointed
pursuant to Section 
62A-1-108
.
(d) "System of care" means a broad, flexible array of services and supports
, as
described in Section 
62A-1-121
,
 for minors with [
or at risk for
] complex emotional and
behavioral needs [
that: (i) is community based; (ii) integrates service planning, service
coordination, and management across state and local entities; (iii) includes individualized,
person-centered planning; (iv) builds meaningful partnerships with families and children; and
(v) provides supportive management and policy infrastructure that is organized into a
coordinated network.
] 
who are receiving services through the department or any of the
department's divisions, offices, or institutions, or who are at risk of needing services through
the department or any of the department's divisions, offices, or institutions.
(2) The definitions provided in Subsection (1) are to be applied in addition to
definitions contained throughout this title which are applicable to specific chapters or parts.
Section 4. Section 
62A-1-111
 is amended to read:
62A-1-111.
Department authority.
The department may, in addition to all other authority and responsibility granted to it by
law:
(1) adopt rules, not inconsistent with law, as the department may consider necessary or
desirable for providing social services to the people of this state;
(2) establish and manage client trust accounts in the department's institutions and
community programs, at the request of the client or the client's legal guardian or representative,
or in accordance with federal law;
(3) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(4) conduct adjudicative proceedings for clients and providers in accordance with the
procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5) establish eligibility standards for its programs, not inconsistent with state or federal
law or regulations;
(6) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who was not eligible;
(7) set and collect fees for its services;
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
or limited by law;
(9) acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
the proceeds thereof, may be credited to the program designated by the donor, and may be used
for the purposes requested by the donor, as long as the request conforms to state and federal
policy; all donated funds shall be considered private, nonlapsing funds and may be invested
under guidelines established by the state treasurer;
(11) accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(12) carry out the responsibility assigned in the Workforce Services Plan by the State
Council on Workforce Services;
(13) carry out the responsibility assigned by Section 
35A-8-602
 with respect to
coordination of services for the homeless;
(14) carry out the responsibility assigned by Section 
62A-5a-105
 with respect to
coordination of services for students with a disability;
(15) provide training and educational opportunities for its staff;
(16) collect child support payments and any other money due to the department;
(17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
whose child lives out of the home in a department licensed or certified setting;
(18) establish policy and procedures, within appropriations authorized by the
Legislature, in cases where the department is given custody of a minor by the juvenile court
pursuant to Section 
78A-6-117
 or ordered to prepare an attainment plan for a minor found not
competent to proceed pursuant to Section 
78A-6-1301
; any policy and procedures shall
include:
(a) designation of interagency teams for each juvenile court district in the state;
(b) delineation of assessment criteria and procedures;
(c) minimum requirements, and timeframes, for the development and implementation
of a collaborative service plan for each minor placed in department custody; and
(d) provisions for submittal of the plan and periodic progress reports to the court;
(19) carry out the responsibilities assigned to it by statute;
(20) examine and audit the expenditures of any public funds provided to local
substance abuse authorities, local mental health authorities, local area agencies on aging, and
any person, agency, or organization that contracts with or receives funds from those authorities
or agencies. Those local authorities, area agencies, and any person or entity that contracts with
or receives funds from those authorities or area agencies, shall provide the department with any
information the department considers necessary. The department is further authorized to issue
directives resulting from any examination or audit to local authorities, area agencies, and
persons or entities that contract with or receive funds from those authorities with regard to any
public funds. If the department determines that it is necessary to withhold funds from a local
mental health authority or local substance abuse authority based on failure to comply with state
or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
services. For purposes of this Subsection (20) "public funds" means the same as that term is
defined in Section 
62A-15-102
;
(21) pursuant to Subsection 
62A-2-106
(1)(d), accredit one or more agencies and
persons to provide intercountry adoption services; and
(22) [
within appropriations authorized by the Legislature,
] promote and develop a
system of care, as [
defined in Section 
62A-1-104
, within the department and with contractors
that provide services to the department or any of the department's divisions
] 
described in
Section 
62A-1-121
.
Section 5. Section 
62A-1-121
 is enacted to read:
 62A-1-121.
System of care.
(1) Within appropriations authorized by the Legislature, the department may promote
and develop a system of care within the department or any of the department's divisions,
offices, or institutions.
(2) The system of care shall serve minors with complex emotional and behavioral
needs who are receiving services through the department or any of the department's divisions,
offices, or institutions, or who are at risk of needing services through the department or any of
the department's divisions, offices, or institutions.
(3) The system of care shall incorporate a broad, flexible array of services and supports
that:
(a) is home and community based;
(b) integrates service planning, service coordination, and management across state and
local entities in a team-based approach;
(c) includes individualized, person-centered planning;
(d) builds meaningful partnerships with minors and minors' families; and
(e) provides supportive management and policy infrastructure that is organized into a
coordinated network.
(4) The department may develop an information technology infrastructure to
implement the system of care, including the following components:
(a) sharing of information between minors' families and state and local entities
involved in the care of the minors, in accordance with state and federal law;
(b) documentation of care provided to minors and minors' families;
(c) an electronic health record system that complies with federal privacy requirements,
including the Health Insurance Portability and Accountability Act of 1996; and
(d) design and develop a data collection system for purposes of data mining and
extracting the aggregate data to make informed business decisions.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to accomplish the requirements described in Subsection (4).
Legislative Review Note
Office of Legislative Research and General Counsel