Utah 2023 Regular Session

Utah House Bill HB0248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 248
	1	+	3rd Sub. H.B. 248
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Houston 6
	4	+	6 02-15-23 8:41 AM 6
	5	+	H.B. 248
	6	+	3rd Sub. (Cherry)
	7	+	- 1 -Senate 3rd Reading Amendments 3-1-2023 lp/ah3
	8	+	Representative Marsha Judkins proposes the following substitute bill:
2	9		1 MENTAL HEALTH SERVI CES FOR ADULTS
3	10		2 2023 GENERAL SESSION
4	11		3 STATE OF UTAH
5	12		4 Chief Sponsor: Marsha Judkins
6	13		5 Senate Sponsor: Curtis S. Bramble
7	14		6
8	15		7LONG TITLE
9	16		8General Description:
10	17		9 This bill amends provisions related to the provision of mental health services for adults.
11	18		10Highlighted Provisions:
12	19		11 This bill:
13	20		12 <requires the Department of Health and Human Services (department) to create a
14	21		13long-term, statewide assertive community treatment (ACT) team plan;
15	22		14 <modifies a grant program for the development of ACT teams;
16	23		15 <requires the department to report to the Health and Human Services Interim
17	24		16Committee regarding the long-term, statewide ACT team plan and ACT team grant
18	25		17program; and
19	26		18 <creates a sunset date for provisions relating to the creation of the statewide ACT
20	27		19team plan.
21	28		20Money Appropriated in this Bill:
22	29		21 This bill appropriates:
23	30		22 <to the Department of Health and Human Services -- Integrated Health Care Services
24	31		23-- Non-Medicaid Behavioral Health Treatment & Crisis Response, as a one-time
25	32		24appropriation:
26		-	25 Cfrom the General Fund, One-time, $1,000,000.
	33	+	25 Cfrom the General Fund, One-time, Öº [$5,000,000] $1,000,000 »Ö .
	34	+	HB0248S03 3rd Sub. (Cherry) H.B. 248 02-15-23 8:41 AM
	35	+	- 2 -
27	36		26Other Special Clauses:
28	37		27 None
29	38		28Utah Code Sections Affected:
30		-	29AMENDS: H.B. 248 Enrolled Copy
31		-	- 2 -
	39	+	29AMENDS:
32	40		30 62A-15-1802, as enacted by Laws of Utah 2020, Chapter 304
33	41		31 62A-15-1803, as enacted by Laws of Utah 2020, Chapter 304
34	42		32 63I-1-262, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
35	43		33
36	44		34Be it enacted by the Legislature of the state of Utah:
37	45		35 Section 1. Section 62A-15-1802 is amended to read:
38	46		36 62A-15-1802. Division duties -- ACT team license creation.
39	47		37 (1) To promote the availability of assertive community treatment, the division shall
40	48		38make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
41	49		39that create a certificate for ACT team personnel and ACT teams, that includes:
42	50		40 (a) the standards the division establishes under Subsection (2); and
43	51		41 (b) guidelines for:
44	52		42 (i) required training and experience of ACT team personnel; and
45	53		43 (ii) the coordination of assertive community treatment and other community resources.
46	54		44 (2) (a) The division shall:
47	55		45 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
48	56		46make rules that establish standards that an applicant is required to meet to qualify for the
49	57		47certifications described in Subsection (1); and
50	58		48 (ii) create a long-term, statewide ACT team plan that:
51	59		49 (A) identifies current and future statewide assertive community treatment needs,
52	60		50objectives, and priorities;
53	61		51 (B) identifies barriers to establishing an ACT team in areas where an ACT team does
54	62		52not currently exist;[and]
55	63		53 [(B)] (C) identifies the equipment, facilities, personnel training, and other resources
56	64		54necessary to provide assertive community treatment in areas where an ACT team does not
57	65		55currently exist; and
58		-	56 (D) identifies the gaps in housing needs for individuals served by ACT teams and how
59		-	57to ensure individuals served by ACT teams can secure and maintain housing. Enrolled Copy H.B. 248
	66	+	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
60	67		- 3 -
	68	+	57to ensure individuals served by ACT teams can secure and maintain housing.
61	69		58 (b) The division may delegate the ACT team plan requirement described in Subsection
62	70		59(2)(a)(ii) to a contractor with whom the division contracts to provide assertive community
63	71		60outreach treatment.
64	72		61 (c) The division shall report to the Health and Human Services Interim Committee
65	73		62before June 30, 2024, regarding:
66	74		63 (i) the long-term, statewide ACT team plan described in Subsection (2)(a)(ii);
67	75		64 (ii) the number of individuals in each local area who meet the criteria for serious
68	76		65mental illness and could benefit from ACT team services;
69	77		66 (iii) knowledge gained relating to the provision of care through ACT teams;
70	78		67 (iv) recommendations for further development of ACT teams; and
71	79		68 (v) obstacles that exist for further development of ACT teams throughout the state.
72	80		69 Section 2. Section 62A-15-1803 is amended to read:
73	81		70 62A-15-1803. Grants for development of an ACT team.
74	82		71 (1) The division shall award grants for the development of one [ACT team] or more
75	83		72ACT teams to provide assertive community treatment to individuals in the state.
76	84		73 (2) The division shall prioritize the award of a grant described in Subsection (1) to
77	85		74entities, based on:
78	86		75 (a) the number of individuals the proposed ACT team will serve;
79	87		76 (b) the ability of the entity to provide housing to individuals served under the program;
80	88		77 (c) the ability of the entity to provide evidence of probable future program
81	89		78sustainability; and
82	90		79 [(b)] (d) the percentage of matching funds the entity will provide to develop the
83	91		80proposed ACT team.
84	92		81 (3) (a) An entity does not need to have resources already in place to be awarded a grant
85	93		82described in Subsection (1).
86	94		83 (b) An entity may submit an application for and be awarded more than one grant
87	95		84pursuant to the prioritization described in Subsection (2).
88		-	85 (c) An ACT team developed using a grant awarded under this section shall: H.B. 248 Enrolled Copy
	96	+	85 (c) An ACT team developed using a grant awarded under this section shall:
	97	+	86 (i) coordinate with local homeless councils and criminal justice coordinating councils
	98	+	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
89	99		- 4 -
90		-	86 (i) coordinate with local homeless councils and criminal justice coordinating councils
91		-	87to align the ACT team's services with existing services and strategic plans; and
92	100		88 (ii) work with an individual served under the program to secure and maintain housing
93	101		89and provide wraparound services, including:
94	102		90 (A) clinical support;
95	103		91 (B) case management;
96	104		92 (C) peer support;
97	105		93 (D) employment support; and
98	106		94 (E) other services identified in the long-term, statewide ACT team plan described in
99	107		95Section 62A-15-1802.
100	108		96 (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
101	109		97Administrative Rulemaking Act, for the application and award of the grants described in
102	110		98Subsection (1).
103	111		99 (5) Before June 30, 2024, and before June 30 of each subsequent fiscal year in which a
104	112		100grant is awarded under Subsection (1), the division shall report to the Health and Human
105	113		101Services Interim Committee regarding:
106	114		102 (a) data gathered in relation to each awarded grant;
107	115		103 (b) knowledge gained relating to the provision of medical and mental health services
108	116		104by ACT teams;
109	117		105 (c) recommendations for the future use of ACT teams to provide medical and mental
110	118		106health services;
111	119		107 (d) Medicaid reimbursement for services provided by ACT teams; and
112	120		108 (e) aggregated data about the patients who have received services from an ACT team,
113	121		109including:
114	122		110 (i) the number of ACT team patients who have a severe mental illness;
115	123		111 (ii) the number of ACT team patients who have a co-occurring substance use disorder;
116	124		112 (iii) the number of ACT team patients who are experiencing homelessness or facing
117		-	113housing insecurity; and Enrolled Copy H.B. 248
118		-	- 5 -
	125	+	113housing insecurity; and
119	126		114 (iv) the number of ACT team patients who, after the most recent report was made, have
120	127		115experienced:
121	128		116 (A) an acute psychiatric hospitalization;
122	129		117 (B) an arrest, incarceration, probation, or parole; or
123		-	118 (C) a transition from homelessness or housing insecurity to supported housing or
	130	+	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
	131	+	- 5 -
124	132		119housing.
125	133		120 Section 3. Section 63I-1-262 is amended to read:
126	134		121 63I-1-262. Repeal dates: Title 62A.
127	135		122 (1) Section 62A-3-209 is repealed July 1, 2023.
128	136		123 (2) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which create the
129	137		124Coordinating Council for Persons with Disabilities, are repealed July 1, 2027.
130	138		125 (3) Subsections 62A-15-116(1) and (5), the language that states "In consultation with
131	139		126the Behavioral Health Crisis Response Commission, established in Section 63C-18-202," is
132	140		127repealed January 1, 2023.
133	141		128 (4) Section 62A-15-118 is repealed December 31, 2023.
134	142		129 (5) Section 62A-15-124 is repealed December 31, 2024.
135	143		130 (6) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
136	144		131Council, is repealed July 1, 2023.
137	145		132 (7) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
138	146		133Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
139	147		134 (8) In relation to the Behavioral Health Crisis Response Commission, on July 1, 2023:
140	148		135 (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
141	149		136 (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
142	150		137the commission" is repealed;
143	151		138 (c) Subsection 62A-15-1303(1), the language that states "In consultation with the
144	152		139commission," is repealed;
145	153		140 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
146		-	141from the commission," is repealed; and H.B. 248 Enrolled Copy
147		-	- 6 -
	154	+	141from the commission," is repealed; and
148	155		142 (e) Subsection 62A-15-1702(6) is repealed.
149	156		143 (9) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
150	157		144 (a) Subsection 62A-15-1802(2)(a)(i), the language that states "and" is repealed;
151	158		145 (b) Subsections 62A-15-1802(2)(a)(ii), 62A-15-1802(2)(b), and 62A-15-1802(2)(c) are
152	159		146repealed.
153	160		147 Section 4. Appropriation.
154	161		148 The following sums of money are appropriated for the fiscal year beginning July 1,
155		-	1492023, and ending June 30, 2024. These are additions to amounts previously appropriated for
	162	+	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
	163	+	- 6 -Senate 3rd Reading Amendments 3-1-2023 lp/ah3
156	164		150fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
157	165		151Act, the Legislature appropriates the following sums of money from the funds or accounts
158	166		152indicated for the use and support of the government of the state of Utah.
159	167		153ITEM 1
160	168		154To Department of Health and Human Services -- Integrated Health Care Services
161		-	155 From General Fund, One-time 1,000,000
	169	+	155 From General Fund, One-time Öº [ 5,000,000] 1,000,000 »Ö
162	170		156 Schedule of Programs:
163	171		157 Non-Medicaid Behavioral Health Treatment
164		-	158 & Crisis Response 1,000,000
	172	+	158 & Crisis Response Öº [5,000,000] 1,000,000 »Ö
165	173		159 Under Section 63J-1-603, the Legislature intends that appropriations provided under
166	174		160this section not lapse at the close of fiscal year 2024. The use of funds described in Item 1 is
167	175		161limited to awarding grants under Section 62A-15-1803.