3rd Sub. H.B. 248
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Houston 6
6 02-15-23 8:41 AM 6
H.B. 248
3rd Sub. (Cherry)
Representative Marsha Judkins proposes the following substitute bill:
1 MENTAL HEALTH SERVI CES FOR ADULTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Marsha Judkins
5 Senate Sponsor: Curtis S. Bramble
6
7LONG TITLE
8General Description:
9 This bill amends provisions related to the provision of mental health services for adults.
10Highlighted Provisions:
11 This bill:
12 <requires the Department of Health and Human Services (department) to create a
13long-term, statewide assertive community treatment (ACT) team plan;
14 <modifies a grant program for the development of ACT teams;
15 <requires the department to report to the Health and Human Services Interim
16Committee regarding the long-term, statewide ACT team plan and ACT team grant
17program; and
18 <creates a sunset date for provisions relating to the creation of the statewide ACT
19team plan.
20Money Appropriated in this Bill:
21 This bill appropriates:
22 <to the Department of Health and Human Services -- Integrated Health Care Services
23-- Non-Medicaid Behavioral Health Treatment & Crisis Response, as a one-time
24appropriation:
25 Cfrom the General Fund, One-time, $5,000,000.
*HB0248S03* 3rd Sub. (Cherry) H.B. 248 02-15-23 8:41 AM
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26Other Special Clauses:
27 None
28Utah Code Sections Affected:
29AMENDS:
30 62A-15-1802, as enacted by Laws of Utah 2020, Chapter 304
31 62A-15-1803, as enacted by Laws of Utah 2020, Chapter 304
32 63I-1-262, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
33
34Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 62A-15-1802 is amended to read:
36 62A-15-1802. Division duties -- ACT team license creation.
37 (1) To promote the availability of assertive community treatment, the division shall
38make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
39that create a certificate for ACT team personnel and ACT teams, that includes:
40 (a) the standards the division establishes under Subsection (2); and
41 (b) guidelines for:
42 (i) required training and experience of ACT team personnel; and
43 (ii) the coordination of assertive community treatment and other community resources.
44 (2) (a) The division shall:
45 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
46make rules that establish standards that an applicant is required to meet to qualify for the
47certifications described in Subsection (1); and
48 (ii) create a long-term, statewide ACT team plan that:
49 (A) identifies current and future statewide assertive community treatment needs,
50objectives, and priorities;
51 (B) identifies barriers to establishing an ACT team in areas where an ACT team does
52not currently exist;[and]
53 [(B)] (C) identifies the equipment, facilities, personnel training, and other resources
54necessary to provide assertive community treatment in areas where an ACT team does not
55currently exist; and
56 (D) identifies the gaps in housing needs for individuals served by ACT teams and how 02-15-23 8:24 AM 3rd Sub. (Cherry) H.B. 248
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57to ensure individuals served by ACT teams can secure and maintain housing.
58 (b) The division may delegate the ACT team plan requirement described in Subsection
59(2)(a)(ii) to a contractor with whom the division contracts to provide assertive community
60outreach treatment.
61 (c) The division shall report to the Health and Human Services Interim Committee
62before June 30, 2024, regarding:
63 (i) the long-term, statewide ACT team plan described in Subsection (2)(a)(ii);
64 (ii) the number of individuals in each local area who meet the criteria for serious
65mental illness and could benefit from ACT team services;
66 (iii) knowledge gained relating to the provision of care through ACT teams;
67 (iv) recommendations for further development of ACT teams; and
68 (v) obstacles that exist for further development of ACT teams throughout the state.
69 Section 2. Section 62A-15-1803 is amended to read:
70 62A-15-1803. Grants for development of an ACT team.
71 (1) The division shall award grants for the development of one [ACT team] or more
72ACT teams to provide assertive community treatment to individuals in the state.
73 (2) The division shall prioritize the award of a grant described in Subsection (1) to
74entities, based on:
75 (a) the number of individuals the proposed ACT team will serve;
76 (b) the ability of the entity to provide housing to individuals served under the program;
77 (c) the ability of the entity to provide evidence of probable future program
78sustainability; and
79 [(b)] (d) the percentage of matching funds the entity will provide to develop the
80proposed ACT team.
81 (3) (a) An entity does not need to have resources already in place to be awarded a grant
82described in Subsection (1).
83 (b) An entity may submit an application for and be awarded more than one grant
84pursuant to the prioritization described in Subsection (2).
85 (c) An ACT team developed using a grant awarded under this section shall:
86 (i) coordinate with local homeless councils and criminal justice coordinating councils
87to align the ACT team's services with existing services and strategic plans; and 3rd Sub. (Cherry) H.B. 248 02-15-23 8:41 AM
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88 (ii) work with an individual served under the program to secure and maintain housing
89and provide wraparound services, including:
90 (A) clinical support;
91 (B) case management;
92 (C) peer support;
93 (D) employment support; and
94 (E) other services identified in the long-term, statewide ACT team plan described in
95Section 62A-15-1802.
96 (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
97Administrative Rulemaking Act, for the application and award of the grants described in
98Subsection (1).
99 (5) Before June 30, 2024, and before June 30 of each subsequent fiscal year in which a
100grant is awarded under Subsection (1), the division shall report to the Health and Human
101Services Interim Committee regarding:
102 (a) data gathered in relation to each awarded grant;
103 (b) knowledge gained relating to the provision of medical and mental health services
104by ACT teams;
105 (c) recommendations for the future use of ACT teams to provide medical and mental
106health services;
107 (d) Medicaid reimbursement for services provided by ACT teams; and
108 (e) aggregated data about the patients who have received services from an ACT team,
109including:
110 (i) the number of ACT team patients who have a severe mental illness;
111 (ii) the number of ACT team patients who have a co-occurring substance use disorder;
112 (iii) the number of ACT team patients who are experiencing homelessness or facing
113housing insecurity; and
114 (iv) the number of ACT team patients who, after the most recent report was made, have
115experienced:
116 (A) an acute psychiatric hospitalization;
117 (B) an arrest, incarceration, probation, or parole; or
118 (C) a transition from homelessness or housing insecurity to supported housing or 02-15-23 8:24 AM 3rd Sub. (Cherry) H.B. 248
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119housing.
120 Section 3. Section 63I-1-262 is amended to read:
121 63I-1-262. Repeal dates: Title 62A.
122 (1) Section 62A-3-209 is repealed July 1, 2023.
123 (2) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which create the
124Coordinating Council for Persons with Disabilities, are repealed July 1, 2027.
125 (3) Subsections 62A-15-116(1) and (5), the language that states "In consultation with
126the Behavioral Health Crisis Response Commission, established in Section 63C-18-202," is
127repealed January 1, 2023.
128 (4) Section 62A-15-118 is repealed December 31, 2023.
129 (5) Section 62A-15-124 is repealed December 31, 2024.
130 (6) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
131Council, is repealed July 1, 2023.
132 (7) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
133Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
134 (8) In relation to the Behavioral Health Crisis Response Commission, on July 1, 2023:
135 (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
136 (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
137the commission" is repealed;
138 (c) Subsection 62A-15-1303(1), the language that states "In consultation with the
139commission," is repealed;
140 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
141from the commission," is repealed; and
142 (e) Subsection 62A-15-1702(6) is repealed.
143 (9) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
144 (a) Subsection 62A-15-1802(2)(a)(i), the language that states "and" is repealed;
145 (b) Subsections 62A-15-1802(2)(a)(ii), 62A-15-1802(2)(b), and 62A-15-1802(2)(c) are
146repealed.
147 Section 4. Appropriation.
148 The following sums of money are appropriated for the fiscal year beginning July 1,
1492023, and ending June 30, 2024. These are additions to amounts previously appropriated for 3rd Sub. (Cherry) H.B. 248 02-15-23 8:41 AM
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150fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
151Act, the Legislature appropriates the following sums of money from the funds or accounts
152indicated for the use and support of the government of the state of Utah.
153ITEM 1
154To Department of Health and Human Services -- Integrated Health Care Services
155 From General Fund, One-time 5,000,000
156 Schedule of Programs:
157 Non-Medicaid Behavioral Health Treatment
158 & Crisis Response 5,000,000
159 Under Section 63J-1-603, the Legislature intends that appropriations provided under
160this section not lapse at the close of fiscal year 2024. The use of funds described in Item 1 is
161limited to awarding grants under Section 62A-15-1803.