Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 71 Second Substitute (2024GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides for the award of grants for the development of mobile crisis outreach teams and rural behavioral health receiving centers; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BEHAVIORAL HEALTH CRISIS RESPONSE
MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
Legislative Vote: 15 voting for 0 voting against 4 absent
General Description:
This bill addresses receiving centers and mobile crisis outreach teams.
Highlighted Provisions:
This bill:
▸ provides for the award of grants for the development of mobile crisis outreach
teams and rural behavioral health receiving centers; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-5-112.5
, as enacted by Laws of Utah 2023, Chapter 270
26B-5-114
, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
amended by Laws of Utah 2023, Chapter 308
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-5-112.5
 is amended to read:
26B-5-112.5.
Mobile Crisis Outreach Team Grant Program.
(1) As used in this section, "commission" means the Behavioral Health Crisis
Response Commission established in Section 
63C-18-202
.
(2) The commission shall provide recommendations and the division shall award
grants for the development of up to five mobile crisis outreach teams.
(3) (a) Subject to appropriations by the Legislature, and after consulting with the
commission, in fiscal year 2025 the division shall award grants for the development of up to
four mobile crisis outreach teams.
(b) The grants described in Subsection (3)(a) are in addition to the grants described in
Subsection (2).
[
(3)
] 
(4)
 A mobile crisis outreach team that is awarded a grant under [
Subsection (2)
]
this section
 shall provide mental health crisis services 24 hours per day, seven days per week,
and every day of the year.
[
(4)
] 
(5)
 The division shall prioritize the award of a grant [
described in Subsection (2)
]
under this section
 to entities based on:
(a) the outstanding need for crisis outreach services within the area the proposed
mobile crisis outreach team will serve; and
(b) the capacity for implementation of the proposed mobile crisis outreach team in
accordance with the division's established standards and requirements for mobile crisis
outreach teams.
[
(5)
] 
(6)
 (a) In consultation with the commission, the division shall make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
application and award of [
the
] grants [
described in Subsection (2)
] 
awarded under this section
.
(b) (i) The rules created under Subsection [
(5)(a)
] 
(6)(a)
 shall implement a funding
structure for a mobile crisis outreach team developed using a grant awarded under this section.
(ii) The funding structure described in Subsection [
(5)(b)(i)
] 
(6)(b)(i)
 shall provide for
tiers and phases of shared funding coverage between the state and counties.
Section 2. Section 
26B-5-114
 is amended to read:
26B-5-114.
Behavioral Health Receiving Center Grant Program.
(1) As used in this section:
(a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility
that is responsible for, and provides mental health crisis services to, an individual experiencing
a mental health crisis.
(b) "Commission" means the Behavioral Health Crisis Response Commission
established in Section 
63C-18-202
.
(c) "Project" means a behavioral health receiving center project described in
Subsection (2) [
or
]
,
 (3)(a)
, or (4)(a)
.
(2) Before July 1, 2020, the division shall issue a request for proposals in accordance
with this section to award a grant to one or more counties of the first or second class, as
classified in Section 
17-50-501
, to develop and implement a behavioral health receiving center.
(3) (a) Before July 1, 2023, the division shall issue a request for proposals in
accordance with this section to award a grant to one county of the third class, as classified in
Section 17-50-501, to develop and implement a behavioral health receiving center.
(b) Subject to appropriations by the Legislature, the division shall award grants under
this Subsection (3) before December 31, 2023.
[
(c) The commission shall provide recommendations to the division regarding the
development and implementation of a behavioral health receiving center.
]
(4) 
(a) Before July 1, 2024, the division shall issue a request for proposals in
accordance with this section to award grants to develop and implement up to two behavioral
health receiving centers in counties of the third, fourth, or fifth class, as classified in Section
17-50-501
.
(b) Subject to appropriations by the Legislature, the division shall award grants under
this Subsection (4) before December 31, 2024.
(5)
 The purpose of a project is to:
(a) increase access to mental health crisis services for individuals in the state who are
experiencing a mental health crisis; and
(b) reduce the number of individuals in the state who are incarcerated or in a hospital
emergency room while experiencing a mental health crisis.
[
(5)
] 
(6)
 An application for a grant under this section shall:
(a) identify the population to which the behavioral health receiving center will provide
mental health crisis services;
(b) identify the type of mental health crisis services the behavioral health receiving
center will provide;
(c) explain how the population described in Subsection [
(5)(a)
] 
(6)(a)
 will benefit from
the provision of mental health crisis services;
(d) provide details regarding:
(i) how the proposed project plans to provide mental health crisis services;
(ii) how the proposed project will ensure that consideration is given to the capacity of
the behavioral health receiving center;
(iii) how the proposed project will ensure timely and effective provision of mental
health crisis services;
(iv) the cost of the proposed project;
(v) any existing or planned contracts or partnerships between the applicant and other
individuals or entities to develop and implement the proposed project;
(vi) any plan to use funding sources in addition to a grant under this section for the
proposed project;
(vii) the sustainability of the proposed project; and
(viii) the methods the proposed project will use to:
(A) protect the privacy of each individual who receives mental health crisis services
from the behavioral health receiving center;
(B) collect nonidentifying data relating to the proposed project; and
(C) provide transparency on the costs and operation of the proposed project; and
(e) provide other information requested by the division to ensure that the proposed
project satisfies the criteria described in Subsection [
(7)
] 
(8)
.
[
(6)
] 
(7)
 A recipient of a grant under this section shall enroll as a Medicaid provider
and meet minimum standards of care for behavioral health receiving centers established by the
division.
[
(7)
] 
(8)
 In evaluating an application for the grant, the division shall consider:
(a) the extent to which the proposed project will fulfill the purposes described in
Subsection [
(4)
] 
(5)
;
(b) the extent to which the population described in Subsection [
(5)(a)
] 
(6)(a)
 is likely to
benefit from the proposed project;
(c) the cost of the proposed project;
(d) the extent to which any existing or planned contracts or partnerships between the
applicant and other individuals or entities to develop and implement the project, or additional
funding sources available to the applicant for the proposed project, are likely to benefit the
proposed project; and
(e) the viability and innovation of the proposed project.
(9) The commission shall provide recommendations to the division regarding the
development and implementation of a behavioral health receiving center developed using a
grant awarded under this section.
[
(8)
] 
(10)
 Before June 30, 2023, the division shall report to the Health and Human
Services Interim Committee regarding:
(a) data gathered in relation to each project described in Subsection (2);
(b) knowledge gained relating to the provision of mental health crisis services in a
behavioral health receiving center;
(c) recommendations for the future use of mental health crisis services in behavioral
health receiving centers;
(d) obstacles encountered in the provision of mental health crisis services in a
behavioral health receiving center; and
(e) recommendations for appropriate Medicaid reimbursement for rural behavioral
health receiving centers.
[
(9)
] 
(11)
 (a) In consultation with the commission, the division shall make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
application and award of a grant under this section.
(b) (i) The rules created under Subsection [
(9)(a)
] 
(11)(a)
 shall:
(A) implement a funding structure for a behavioral health receiving center developed
using a grant awarded under this section;
(B) include implementation standards and minimum program requirements for a
behavioral health receiving center developed using a grant awarded under this section,
including minimum guidelines and standards of care, and minimum staffing requirements; and
(C) require a behavioral health receiving center developed using a grant awarded under
this section to operate 24 hours per day, seven days per week, and every day of the year.
(ii) The funding structure described in Subsection [
(9)(b)(i)(A)
] 
(11)(b)(i)(A)
 shall
provide for tiers and phases of shared funding coverage between the state and counties.
[
(10)
] 
(12)
 Before June 30, 2024, the division shall report to the Health and Human
Services Interim Committee regarding:
(a) grants awarded under Subsection (3)(a); and
(b) the details of each project described in Subsection (3)(a).
(13) Before June 30, 2025, the division shall report to the Health and Human Services
Interim Committee regarding:
(a) grants awarded under Subsection (4)(a); and
(b) the details of each project described in Subsection (4)(a).
[
(11)
] 
(14)
 Before June 30, 2026, the division shall provide a report to the Health and
Human Services Interim Committee that includes:
(a) data gathered in relation to each project described in [
Subsection (3)(a)
]
Subsections (3)(a) and (4)(a)
; and
(b) an update on the items described in Subsections [
(8)(b)
] 
(10)(b)
 through (d).
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.