Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2669 Comm Sub / Analysis

                    SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2669
As Amended by House Committee on Health 
and Human Services
Brief*
HB 2669 would create the Mental Health Intervention 
Team (MHIT) Program Act (Act), codifying the program in 
statute. 
Definitions
The bill would define terms used in the Act, including:
●“Department” would mean the Kansas Department 
for Aging and Disability Services (KDADS);
●“Mental Health Intervention Team Provider” (MHIT 
Provider) would mean a center organized pursuant 
to KSA Chapter 19, Article 40 regarding mental 
health centers and services, a mental health clinic 
organized pursuant to KSA Chapter 65, Article 2 
regarding local mental health clinics, or a federally 
qualified health center as defined by section 
1905(1)(2)(B) of the federal Social Security Act. 
References to “Mental Health Intervention Team 
Provider” would also include other provider 
categories as authorized by KDADS to serve as a 
partnering provider under the Act. An MHIT 
Provider would also need to provide: 
○Services that include support for students 
available 24 hours a day, 7 days a week; 
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
http://www.kslegislature.org ○Person-centered treatment planning; and 
○Outpatient mental health services;
●“School District” would mean a school district 
organized under the laws of this state that is 
maintaining public school for a school term in 
accordance with statute, or “qualified school,” 
defined as any nonpublic school that:
○Provides education to elementary or 
secondary students;
○Is accredited by the state board or a national 
or regional accrediting agency that is 
recognized by the state board for the purpose 
of satisfying the teaching performance 
assessment for professional licensure or is 
working in good faith toward that 
accreditation;
○Has notified the state board of its intention to 
participate in the Tax Credit for Low Income 
Students Scholarship Program Act; and
○Complies with the requirements of the Tax 
Credit for Low Income Students Scholarship 
Program Act.
Mental Health Intervention Team Program
The Act would establish the MHIT Program, which would 
be a continuation of the MHIT Pilot Program first established 
through a budget proviso in 2018 and continued and 
expanded through subsequent appropriation acts of the 
Legislature.
Purposes
The bill would state the purposes of the MHIT Program 
are to:
2- 2669 ●Provide greater access to behavioral health 
services for students enrolled in kindergarten or 
any of the grades 1 through 12, and establish a 
coherent structure between school districts and 
MHIT Providers to optimize scarce behavioral 
health resources and workforce;
●Identify students, communicate with families, and 
link students and their families to the statewide 
behavioral health systems and resources within the 
network of MHIT Providers;
●Alleviate the shortage of staff with specialized 
degrees or training, such as school counselors, 
psychologists, or social workers, and reduce the 
competition for staff between school districts and 
other private and governmental service providers 
to provide broader-based and collaborative 
services to students, especially in rural districts that 
do not have enough students to justify a full-time 
staff position;
●Provide and coordinate mental health services to 
students throughout the calendar year, not only 
during school hours over nine months of the school 
year; and 
●Reduce barriers that families experience to access 
mental health services and maintain consistency 
for a child to attend recurring sessions and 
coordination between the child’s classroom 
schedule and the provision of services.
The bill would state the MHIT Program focuses on the 
following types of students:
●Any student who has been adjudicated as a child in 
need of care and is in the custody of the Secretary 
for Children and Families or has been referred for a 
3- 2669 Families First Program or Family Preservation 
Program; and
●Any other student who is in need of mental health 
support services.
The bill would provide for the Secretary for Aging and 
Disability Services to appoint an MHIT Program manager 
and, within the limits of appropriations, such additional staff 
as necessary to support the manager.
Oversight (Section 3)
The bill would provide for KDADS to oversee and 
implement the MHIT Program in accordance with the 
requirements of the Act and the policies and procedures 
established by KDADS.
The bill would, in each school year, direct the board of 
education of a school district to apply to KDADS to establish 
or maintain an MHIT Program within the school district. The 
application would be in the form and manner as required by 
KDADS. KDADS would also be directed to establish a 
deadline for applications to be submitted. 
Each application submitted by a school district would be 
required to specify the MHIT Provider that the school intends 
to coordinate with to provide school-based services to 
students who need assistance during the applicable school 
district. The school district would be required to provide notice 
to the MHIT Provider no later than June 1 of their intent to 
partner for the following school year.
The bill would direct KDADS to establish an application 
review committee that would include representatives from the 
MHIT Providers and the Department of Education.
If a school district and an MHIT Provider are approved to 
establish or maintain an MHIT Program, the school district 
4- 2669 would enter into a memorandum of understanding (MOU) 
with the partnering MHIT Provider. If the school district 
chooses to partner with more than one MHIT Provider, the 
school district would be required to enter into a separate 
MOU with each MHIT Provider. KDADS would be able to 
establish requirements for an MOU, including contractual 
provisions required to be included in each MOU and that are 
optional and subject to agreement between the school district 
and the MHIT Provider. Each MOU would be submitted to 
KDADS for final approval.
The bill would allow KDADS to authorize another 
category of provider other than an MHIT Provider to serve as 
a partnering provider under the Act. The category of provider 
would be required to provide required services and otherwise 
meet the requirements of a partnering MHIT Provider under 
the Act. If KDADS authorizes another category of provider 
other than an MHIT Provider, KDADS would be required to 
provide notification of this decision to the MHIT Provider that 
provides services in that county.
MHIT Program Grant Funding 
The bill would provide for approved MHIT programs to 
be eligible for a program grant and for MHIT Providers to be 
eligible for a pass-through grant. The grant would be 
calculated for each school district’s MHIT program for each 
school year by calculating the total amount of the salary and 
fringe benefits by a school district for each school liaison. A 
school district’s pass-through grant would be equal to 50 
percent of the program grant. The moneys for the pass-
through grant would be paid to any of the school district’s 
partnering MHIT Providers.
The bill would provide for KDADS to prorate any 
appropriations when the budget allocation is insufficient to 
pay the school district grants in full. KDADS would be 
permitted to allocate and distribute the grants in installments 
as well as in advance or in reimbursement, including 
5- 2669 adjustments for any overpayment to a school district. A grant 
would not be allowed unless a school district has an MOU 
with an MHIT Provider. The bill would allow KDADS to direct 
unused funds to MHIT Providers to be used for training for 
school districts that are participating in the MHIT program. 
The bill would require KDADS to consult with MHIT 
Providers prior to awarding any grants. 
School Liaison
The bill would require each school district to have a 
MHIT Program school liaison. The bill would permit KDADS, 
in limited circumstances, to waive the requirement for a 
school district and allow the MHIT Program liaison to be 
employed by the MHIT Provider that partners with the school 
district. 
The bill would allow the school district to remain eligible 
for the grant and would direct the funding of the liaison to 
remain the same and the school district to direct payment for 
the school liaison to the MHIT Provider. 
MHIT Program Reports 
The bill would require KDADS to submit annual reports 
to the legislature beginning with the 2025 Legislative Session. 
The report would be prepared by KDADS and submitted to 
the House of Representatives Standing Committees on 
Appropriations, Social Services Budget, and Health and 
Human Services, or their successor committees, and the 
Senate Standing Committees on Ways and Means, the Ways 
and Means Subcommittee on Human Services, and Public 
Health and Welfare, or their successor committees.
The bill would require the annual report to include a 
summary of the program with at least the following items: 
6- 2669 ●School districts that applied to participate or 
continued participating under the MHIT Program; 
●Participating MHIT Providers;
●Grant amount each such school district received; 
and 
●Payments made by school districts from the MHIT 
Program fund of each school district.
MHIT Program Staffing Requirements (Section 4) 
The bill would identify that the MHIT Program staff 
requirements for both establishing and maintaining a program 
would include a combination be the following: 
●One or more behavioral health liaisons employed 
by the school district; and 
●One or more case managers and therapists 
licensed by the Behavioral Sciences Regulatory 
Board (BSRB) who are employed by the partnering 
MHIT Provider.
MHIT Program Staff Coordination 
The bill would identify that the MHIT Program staff would 
be known as the MHIT Team for the school district. The bill 
would require that the MHIT Team cooperate and work 
together to:
●Identify needs specific to both the students in the 
school district and their families; and 
●Develop an action plan to implement a school-
based program that is tailored to such needs.
7- 2669 MHIT Program School Liaison 
The bill would require that each participating school 
district would employ at least one MHIT Program school 
liaison. The school liaison would need to meet a minimum 
education requirement of at least a bachelor’s degree in any 
field of study. 
The role of the school liaison would be to help students 
in need and coordinate services between the school district, 
the student, the student’ s family, and the MHIT Provider. The 
school liaison’s roles and responsibilities would include, at 
minimum, the following: 
●Identifying appropriate student referrals for the 
team to engage with;
●Acting as a liaison between the school district and 
the MHIT Provider and being the primary point of 
contact for communications between the school 
district and the MHIT Provider;
●Assisting with MHIT Provider staff understanding of 
the school district’s system and procedures, 
including the school calendar, professional 
development, drills, and crisis plan protocols;
●Triaging prospective student referrals and helping 
decide how to prioritize interventions;
●Helping the MHIT Provider and other school 
personnel understand the roles and responsibilities 
of the MHIT;
●Facilitating communications and connections 
between families of identified students and the 
MHIT Provider’ s staff;
8- 2669 ●Coordinating a student’s treatment schedule with 
building administrators and classroom teachers, to 
optimize clinical therapists’ productivity;
●Troubleshooting problems that arise and working 
with the MHIT Provider to resolve such problems;
●Tracking and compiling outcomes to monitor the 
effectiveness of the program;
●Maintaining and updating the Department of 
Education MHIT database as directed by KDADS 
and required by this section;
●Following up with child welfare contacts if a student 
has moved schools to get the child’s educational 
history;
●Being an active part of the school intervention team 
and relaying information back to MHIT Provider 
staff, including student observations, intervention 
feedback from teachers, communications with 
family, and other relevant information;
●Working with school administration to identify and 
provide confidential space for an MHIT Provider 
therapist;
●Assisting in planning continuity of care through 
summer services; and
●Submitting an annual report to KDADS regarding 
how the liaison complied with the required roles 
and responsibilities.
The bill would require that a school liaison within the 
scope of employment by a school district would primarily 
perform roles and requirements of a school liaison only. 
9- 2669 A school liaison would be responsible for entering data 
into the database within 14 calendar days of a completed 
initial referral. 
Roles and Responsibilities of the MHIT Provider
Therapists. The bill would require that an MHIT 
Provider that partners with a school district would employ one 
or more therapists who would be licensed by the BSRB. The 
licensed therapists would collaborate with the school district 
to assist students in need and provide services to students 
under the program. A therapist’s roles and responsibilities 
would include, at minimum, the following:
●Assisting the school liaison with the identification of 
appropriate student referrals to the program;
●Triaging student referrals with the school liaison to 
prioritize treatment interventions for identified 
students;
●Working with the school liaison to connect with 
families or child welfare contacts to obtain consent 
to commence treatment;
●Conducting a clinical assessment of the identified 
student and making appropriate treatment 
recommendations;
●Engaging with the student, family, or child welfare 
contacts in clinical interventions as identified on the 
treatment plan and providing individual and family 
therapy;
●Administering scales or tests to detect areas of 
concern with depression, anxiety, self-harm, or 
other areas as identified;
●Making referrals to other treatment modalities as 
appropriate;
10- 2669 ●Communicating educationally appropriate 
information to the school liaison, such as 
interventions and strategies for use by classroom 
and school staff;
●Gathering outcome data to monitor the 
effectiveness of the program;
●Coordinating with the case manager to identify 
ways to support the student and family;
●Providing therapy services as determined by the 
student’s  treatment plan; and
●Maintaining the treatment plan and necessary 
treatment protocols required by the MHIT Provider.
Case Managers. The bill would required that an MHIT 
Provider that partners with a school district would employ one 
or more case managers, who will collaborate with the school 
district to assist students in need and to coordinate services 
under the program. A case manager ’s roles and 
responsibilities would include, at minimum, the following:
●Working with the school liaison and clinical 
therapist to identify students and triage priorities for 
treatment;
●Providing outreach to students, families, and child 
welfare contacts to help engage in treatment;
●Participating in the treatment planning process;
●Communicating with the school liaison and other 
school district personnel about students’ needs, 
interventions, and progress;
●Helping maintain communication between all 
entities, including the family, student, school, 
clinical therapist, child welfare contacts, and the 
community;
11- 2669 ●Maintaining the treatment plan and necessary 
treatment protocols required by the MHIT Provider;
●Making referrals to appropriate community 
resources;
●Helping reconnect students and families when they 
are not following through with the treatment 
process;
●Helping families negotiate barriers to treatment; 
and
●Engaging with the student in the classroom, the 
home, or the community to help build skills 
wherever needed.
MHIT Fund
The bill would require each school district to establish an 
MHIT Program Fund (Fund). The Fund would be funded by all 
the moneys received by a school district either as a grant or 
as pass-through. 
The moneys in the fund would be used for the following: 
●Pay for the expenditures that are attributable to the 
salary and fringe benefits of any school liaison 
employed by the school district for the MHIT 
Program; and
●Provide payment to each partnering MHIT Provider 
in an amount equal to the MHIT Provider pass-
through grant received by the school district.
The bill would require a school district to keep separate 
accounting records for the school liaison expenditures and 
the pass-through grants to MHIT Providers.
12- 2669 KDADS Reporting
KDADS would be required to publish on its website, two 
times a year, beginning in 2025, an aggregated report of 
outcomes achieved, numbers served, and associated 
information regarding the MHIT Program.
Background
The bill was introduced by the House Committee on 
Health and Human Services at the request of Representative 
Landwehr.
House Committee on Health and Human Services
In the House Committee hearing, proponent testimony 
was provided by representatives of the Association of 
Community Mental Health Centers of Kansas, Bert Nash 
Community Mental Health Center, Catholic Diocese of 
Wichita, COMCARE of Sedgwick County, Family Service and 
Guidance Center, Holy Savior Catholic Academy, Kansas 
Catholic Conference, KDADS, St. Patrick Catholic School, 
and Wyandot Behavioral Health Network. Proponents 
generally spoke of the success of the program to improve 
grades, behavior, and attendance for participating students 
and that all students, including those in parochial schools, 
would benefit from the same mental health intervention 
services as those in public schools. 
Written-only proponent testimony was provided by five 
representatives of All Saints Catholic School, Wichita; two 
representatives of Archdiocese of Kansas City, Kansas; 
representatives of Catholic Diocese of Kansas City, Kansas; 
Catholic Diocese of Salina; Kansas National Education 
Association; St. Anne Catholic School, Wichita; St. Mary 
Catholic School, Garden City; St. Patrick Catholic School; 
and two private citizens.
13- 2669 Neutral testimony was provided by a representative of 
Kansas Action for Children and Kansas Association of School 
Boards.
Opponent testimony was provided by a representative 
of Community Care Network of Kansas, who expressed 
concern that the language of the bill would limit provider types 
permitted to participate in the MHIT Program to community 
mental health centers (CMHCs).
The Committee amended the bill to replace the term 
CMHC with a broader definition for MHIT Provider and to 
clarify the required services an MHIT Provider would have to 
provide to students receiving MHIT services. 
Fiscal Information
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, KDADS indicates that 
enactment of the bill would have a fiscal effect on 
expenditures of the agency. The bill would require 
establishment of 1.00 FTE MHIT program manager position, 
3.00 FTE MHIT program staff positions, and 2.00 FTE 
administrative staff positions to support the program at 
KDADS. For FY 2025 and beyond, KDADS estimates the 
total increase of 6.00 FTE positions at a cost of $588,705 
from the State General Fund (SGF). The increased 
expenditures would include salaries, fringe benefits, and 
other operating expenses for the six positions. The bill would 
increase revenues for KDADS based upon the funding 
passing through the agency to schools, but the amount of 
revenue is not known at this time.
The Department for Children and Families and the 
Kansas State Department of Education indicate that 
enactment of the bill would have no fiscal effect on the 
respective agencies. Any fiscal effect associated with the bill 
is not reflected in The FY 2025 Governor’s Budget Report.
14- 2669 The Kansas Association of School Boards (KASB) 
indicates that enactment of the bill would not require a school 
district to implement an MHIT program with local mental 
health service providers. The bill would not have a fiscal 
impact on districts not electing to enter into these situations. If 
a school district enters into the program, it is generally 
required that the district employ a school liaison to interface 
with the CMHC, unless a waiver is granted. There would be 
the possible need for at least one full-time employee for the 
school district to implement the program, as well as any 
associated costs. There would be the cost to CMHCs to 
employ one or more therapists and case managers for use in 
this program as well. Although grants are available, there is 
no assurance there will be enough grants distributed to cover 
costs. The available grants include an MHIT Program grant 
and a CMHC pass-through grant. The pass-through grant 
would be 50 percent of the amount of the MHIT Program 
grant, and that money would go to the community mental 
health service provider instead of the school district. There 
would undoubtedly be overhead costs involved for all 
partners in these efforts that would not be covered by grant 
moneys. KASB states that it does not have adequate data to 
estimate what those costs may be or how many districts 
would opt-in for such a program.
Mental Health Intervention Team; behavioral health; Kansas Department for Aging 
and Disability Services; mental health intervention team provider; schools
15- 2669