Utah 2025 Regular Session

Utah House Bill HB0491 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 491
	1	+	03-05 21:19 3rd Sub. (Cherry) H.B. 491
	2	+	Evan J. Vickers proposes the following substitute bill:
2	3		1
3	4		Behavioral Health Modifications
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Steve Eliason
7	8		Senate Sponsor: Evan J. Vickers
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions relating to behavioral health.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ requires a behavioral health receiving center to comply with licensing requirements from
24	25		10
25	26		the Department of Health and Human Services;
26	27		11
27	28		▸ grants the Department of Health and Human Services authority to enact rules and assess
28	29		12
29	30		and collect fees in relation to the licensing of behavioral health receiving centers;
30	31		13
31	32		▸ addresses Medicaid directed payments for the Utah State Hospital and the Huntsman
32	33		14
33	34		Mental Health Institute;
34	35		15
35	36		▸ requires the Department of Public Safety to:
36	37		16
37	38		● survey all law enforcement agencies in the state and publish a publicly searchable
38	39		17
39	40		registry that will allow the public to see whether each law enforcement agency is or is
40	41		18
41	42		not available to receive a voluntarily committed firearm in accordance with safe
42	43		19
43	44		harbor provisions; and
44	45		20
45	46		● subject to available funding, create and implement a marketing plan to educate law
46	47		21
47	48		enforcement agencies and the public about safe harbor options for firearms; and
48	49		22
49	50		▸ makes technical and conforming changes.
50	51		23
51	52		Money Appropriated in this Bill:
52	53		24
53	54		This bill appropriates $1,035,600 in operating and capital budgets for fiscal year 2026,
54	55		25
55	56		including:
56	57		26
57	58		▸ $99,000 from General Fund; and
58	59		27
59		-	▸ $936,600 from various sources as detailed in this bill. ~~H.B. 491 Enrolled Copy~~
	60	+	▸ $936,600 from various sources as detailed in this bill.
60	61		28
61	62		Other Special Clauses:
	63	+	3rd Sub. H.B. 491 3rd Sub. (Cherry) H.B. 491 03-05 21:19
62	64		29
63	65		None
64	66		30
65	67		Utah Code Sections Affected:
66	68		31
67	69		AMENDS:
68	70		32
69	71		26B-2-101, as last amended by Laws of Utah 2024, Chapters 240, 267, 307, and 438
70	72		33
71	73		53-5c-201, as last amended by Laws of Utah 2023, Chapters 138, 448
72	74		34
73	75		ENACTS:
74	76		35
75	77		26B-2-135, Utah Code Annotated 1953
76	78		36
77	79		26B-5-383, Utah Code Annotated 1953
78	80		37
79	81
80	82		38
81	83		Be it enacted by the Legislature of the state of Utah:
82	84		39
83	85		Section 1. Section 26B-2-101 is amended to read:
84	86		40
85	87		26B-2-101 . Definitions.
86	88		41
87	89		As used in this part:
88	90		42
89	91		(1) "Adoption services" means the same as that term is defined in Section 80-2-801.
90	92		43
91	93		(2) "Adult day care" means nonresidential care and supervision:
92	94		44
93	95		(a) for three or more adults for at least four but less than 24 hours a day; and
94	96		45
95	97		(b) that meets the needs of functionally impaired adults through a comprehensive
96	98		46
97	99		program that provides a variety of health, social, recreational, and related support
98	100		47
99	101		services in a protective setting.
100	102		48
101	103		(3) "Applicant" means a person that applies for an initial license or a license renewal under
102	104		49
103	105		this part.
104	106		50
105	107		(4)(a) "Associated with the licensee" means that an individual is:
106	108		51
107	109		(i) affiliated with a licensee as an owner, director, member of the governing body,
108	110		52
109	111		employee, agent, provider of care, department contractor, or volunteer; or
110	112		53
111	113		(ii) applying to become affiliated with a licensee in a capacity described in
112	114		54
113	115		Subsection (4)(a)(i).
114	116		55
115	117		(b) "Associated with the licensee" does not include:
116	118		56
117	119		(i) service on the following bodies, unless that service includes direct access to a
118	120		57
119	121		child or a vulnerable adult:
120	122		58
121	123		(A) a local mental health authority described in Section 17-43-301;
122	124		59
123	125		(B) a local substance abuse authority described in Section 17-43-201; or
124	126		60
125	127		(C) a board of an organization operating under a contract to provide mental health
126	128		61
127	129		or substance use programs, or services for the local mental health authority or
128		-	- 2 - Enrolled Copy H.B. 491
129	130		62
130	131		substance abuse authority; or
	132	+	- 2 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
131	133		63
132	134		(ii) a guest or visitor whose access to a child or a vulnerable adult is directly
133	135		64
134	136		supervised at all times.
135	137		65
136	138		(5) "Behavioral health receiving center" means a 23-hour non-secure program or facility
137	139		66
138	140		that is responsible for, and provides mental health crisis services to, an individual
139	141		67
140	142		experiencing a mental health crisis.
141	143		68
142	144		[(5)] (6)(a) "Boarding school" means a private school that:
143	145		69
144	146		(i) uses a regionally accredited education program;
145	147		70
146	148		(ii) provides a residence to the school's students:
147	149		71
148	150		(A) for the purpose of enabling the school's students to attend classes at the
149	151		72
150	152		school; and
151	153		73
152	154		(B) as an ancillary service to educating the students at the school;
153	155		74
154	156		(iii) has the primary purpose of providing the school's students with an education, as
155	157		75
156	158		defined in Subsection [(5)(b)(i)] (6)(b)(i); and
157	159		76
158	160		(iv)(A) does not provide the treatment or services described in Subsection [(40)(a)]
159	161		77
160	162		(41)(a); or
161	163		78
162	164		(B) provides the treatment or services described in Subsection [(40)(a)] (41)(a) on
163	165		79
164	166		a limited basis, as described in Subsection [(5)(b)(ii)] (6)(b)(ii).
165	167		80
166	168		(b)(i) For purposes of Subsection [(5)(a)(iii)] (6)(a)(iii), "education" means a course
167	169		81
168	170		of study for one or more grades from kindergarten through grade 12.
169	171		82
170	172		(ii) For purposes of Subsection [(5)(a)(iv)(B)] (6)(a)(iv)(B), a private school provides
171	173		83
172	174		the treatment or services described in Subsection [(40)(a)] (41)(a) on a limited
173	175		84
174	176		basis if:
175	177		85
176	178		(A) the treatment or services described in Subsection [(40)(a)] (41)(a) are provided
177	179		86
178	180		only as an incidental service to a student; and
179	181		87
180	182		(B) the school does not:
181	183		88
182	184		(I) specifically solicit a student for the purpose of providing the treatment or
183	185		89
184	186		services described in Subsection [(40)(a)] (41)(a); or
185	187		90
186	188		(II) have a primary purpose of providing the treatment or services described in
187	189		91
188	190		Subsection [(40)(a)] (41)(a).
189	191		92
190	192		(c) "Boarding school" does not include a therapeutic school.
191	193		93
192	194		[(6)] (7) "Certification" means a less restrictive level of licensure issued by the department.
193	195		94
194	196		[(7)] (8) "Child" means an individual under 18 years old.
195	197		95
196	198		[(8)] (9) "Child placing" means receiving, accepting, or providing custody or care for any
197		-	- 3 - H.B. 491 Enrolled Copy
198	199		96
199	200		child, temporarily or permanently, for the purpose of:
	201	+	- 3 - 3rd Sub. (Cherry) H.B. 491 03-05 21:19
200	202		97
201	203		(a) finding a person to adopt the child;
202	204		98
203	205		(b) placing the child in a home for adoption; or
204	206		99
205	207		(c) foster home placement.
206	208		100
207	209		[(9)] (10) "Child-placing agency" means a person that engages in child placing.
208	210		101
209	211		[(10)] (11) "Client" means an individual who receives or has received services from a
210	212		102
211	213		licensee.
212	214		103
213	215		[(11)] (12)(a) "Congregate care program" means any of the following that provide
214	216		104
215	217		services to a child:
216	218		105
217	219		(i) an outdoor youth program;
218	220		106
219	221		(ii) a residential support program;
220	222		107
221	223		(iii) a residential treatment program; or
222	224		108
223	225		(iv) a therapeutic school.
224	226		109
225	227		(b) "Congregate care program" does not include a human services program that:
226	228		110
227	229		(i) is licensed to serve adults; and
228	230		111
229	231		(ii) is approved by the office to service a child for a limited time.
230	232		112
231	233		[(12)] (13) "Day treatment" means specialized treatment that is provided to:
232	234		113
233	235		(a) a client less than 24 hours a day; and
234	236		114
235	237		(b) four or more persons who:
236	238		115
237	239		(i) are unrelated to the owner or provider; and
238	240		116
239	241		(ii) have emotional, psychological, developmental, physical, or behavioral
240	242		117
241	243		dysfunctions, impairments, or chemical dependencies.
242	244		118
243	245		[(13)] (14) "Department contractor" means an individual who:
244	246		119
245	247		(a) provides services under a contract with the department; and
246	248		120
247	249		(b) due to the contract with the department, has or will likely have direct access to a
248	250		121
249	251		child or vulnerable adult.
250	252		122
251	253		[(14)] (15) "Direct access" means that an individual has, or likely will have:
252	254		123
253	255		(a) contact with or access to a child or vulnerable adult that provides the individual with
254	256		124
255	257		an opportunity for personal communication or touch; or
256	258		125
257	259		(b) an opportunity to view medical, financial, or other confidential personal identifying
258	260		126
259	261		information of the child, the child's parents or legal guardians, or the vulnerable adult.
260	262		127
261	263		[(15)] (16) "Directly supervised" means that an individual is being supervised under the
262	264		128
263	265		uninterrupted visual and auditory surveillance of another individual who has a current
264	266		129
265	267		background check approval issued by the office.
266		-	- 4 - Enrolled Copy H.B. 491
267	268		130
268	269		[(16)] (17) "Director" means the director of the office.
	270	+	- 4 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
269	271		131
270	272		[(17)] (18) "Domestic violence" means the same as that term is defined in Section 77-36-1.
271	273		132
272	274		[(18)] (19) "Domestic violence treatment program" means a nonresidential program
273	275		133
274	276		designed to provide psychological treatment and educational services to perpetrators and
275	277		134
276	278		victims of domestic violence.
277	279		135
278	280		[(19)] (20) "Elder adult" means a person 65 years old or older.
279	281		136
280	282		[(20)] (21) "Emergency safety intervention" means a tactic used to protect staff or a client
281	283		137
282	284		from being physically injured, utilized by an appropriately trained direct care staff and
283	285		138
284	286		only performed in accordance with a nationally or regionally recognized curriculum in
285	287		139
286	288		the least restrictive manner to restore staff or client safety.
287	289		140
288	290		[(21)] (22) "Foster home" means a residence that is licensed or certified by the office for the
289	291		141
290	292		full-time substitute care of a child.
291	293		142
292	294		[(22)] (23) "Health benefit plan" means the same as that term is defined in Section
293	295		143
294	296		31A-22-634.
295	297		144
296	298		[(23)] (24) "Health care provider" means the same as that term is defined in Section
297	299		145
298	300		78B-3-403.
299	301		146
300	302		[(24)] (25) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
301	303		147
302	304		[(25)] (26)(a) "Human services program" means:
303	305		148
304	306		(i) a foster home;
305	307		149
306	308		(ii) a therapeutic school;
307	309		150
308	310		(iii) a youth program;
309	311		151
310	312		(iv) an outdoor youth program;
311	313		152
312	314		(v) a residential treatment program;
313	315		153
314	316		(vi) a residential support program;
315	317		154
316	318		(vii) a resource family home;
317	319		155
318	320		(viii) a recovery residence;[ or]
319	321		156
320	322		(ix) a behavioral health receiving center; or
321	323		157
322	324		[(ix)] (x) a facility or program that provides:
323	325		158
324	326		(A) adult day care;
325	327		159
326	328		(B) day treatment;
327	329		160
328	330		(C) outpatient treatment;
329	331		161
330	332		(D) domestic violence treatment;
331	333		162
332	334		(E) child-placing services;
333	335		163
334	336		(F) social detoxification; or
335		-	- 5 - H.B. 491 Enrolled Copy
336	337		164
337	338		(G) any other human services that are required by contract with the department to
	339	+	- 5 - 3rd Sub. (Cherry) H.B. 491 03-05 21:19
338	340		165
339	341		be licensed with the department.
340	342		166
341	343		(b) "Human services program" does not include:
342	344		167
343	345		(i) a boarding school;
344	346		168
345	347		(ii) a residential, vocational and life skills program, as defined in Section 13-53-102;
346	348		169
347	349		or
348	350		170
349	351		(iii) a short-term relief care provider.
350	352		171
351	353		[(26)] (27) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
352	354		172
353	355		[(27)] (28) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
354	356		173
355	357		[(28)] (29) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
356	358		174
357	359		[(29)] (30) "Intermediate secure treatment" means 24-hour specialized residential treatment
358	360		175
359	361		or care for an individual who:
360	362		176
361	363		(a) cannot live independently or in a less restrictive environment; and
362	364		177
363	365		(b) requires, without the individual's consent or control, the use of locked doors to care
364	366		178
365	367		for the individual.
366	368		179
367	369		[(30)] (31) "Licensee" means an individual or a human services program licensed by the
368	370		180
369	371		office.
370	372		181
371	373		[(31)] (32) "Local government" means a city, town, or county.
372	374		182
373	375		[(32)] (33) "Minor" means child.
374	376		183
375	377		[(33)] (34) "Office" means the Office of Licensing within the department.
376	378		184
377	379		[(34)] (35) "Outdoor youth program" means a program that provides:
378	380		185
379	381		(a) services to a child that has:
380	382		186
381	383		(i) a chemical dependency; or
382	384		187
383	385		(ii) a dysfunction or impairment that is emotional, psychological, developmental,
384	386		188
385	387		physical, or behavioral;
386	388		189
387	389		(b) a 24-hour outdoor group living environment; and
388	390		190
389	391		(c)(i) regular therapy, including group, individual, or supportive family therapy; or
390	392		191
391	393		(ii) informal therapy or similar services, including wilderness therapy, adventure
392	394		192
393	395		therapy, or outdoor behavioral healthcare.
394	396		193
395	397		[(35)] (36) "Outpatient treatment" means individual, family, or group therapy or counseling
396	398		194
397	399		designed to improve and enhance social or psychological functioning for those whose
398	400		195
399	401		physical and emotional status allows them to continue functioning in their usual living
400	402		196
401	403		environment.
402	404		197
403	405		[(36)] (37) "Practice group" or "group practice" means two or more health care providers
404		-	- 6 - Enrolled Copy H.B. 491
405	406		198
406	407		legally organized as a partnership, professional corporation, or similar association, for
	408	+	- 6 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
407	409		199
408	410		which:
409	411		200
410	412		(a) substantially all of the services of the health care providers who are members of the
411	413		201
412	414		group are provided through the group and are billed in the name of the group and
413	415		202
414	416		amounts received are treated as receipts of the group; and
415	417		203
416	418		(b) the overhead expenses of and the income from the practice are distributed in
417	419		204
418	420		accordance with methods previously determined by members of the group.
419	421		205
420	422		[(37)] (38) "Private-placement child" means a child whose parent or guardian enters into a
421	423		206
422	424		contract with a congregate care program for the child to receive services.
423	425		207
424	426		[(38)] (39)(a) "Recovery residence" means a home, residence, or facility that meets at
425	427		208
426	428		least two of the following requirements:
427	429		209
428	430		(i) provides a supervised living environment for individuals recovering from a
429	431		210
430	432		substance use disorder;
431	433		211
432	434		(ii) provides a living environment in which more than half of the individuals in the
433	435		212
434	436		residence are recovering from a substance use disorder;
435	437		213
436	438		(iii) provides or arranges for residents to receive services related to the resident's
437	439		214
438	440		recovery from a substance use disorder, either on or off site;
439	441		215
440	442		(iv) is held out as a living environment in which individuals recovering from
441	443		216
442	444		substance abuse disorders live together to encourage continued sobriety; or
443	445		217
444	446		(v)(A) receives public funding; or
445	447		218
446	448		(B) is run as a business venture, either for-profit or not-for-profit.
447	449		219
448	450		(b) "Recovery residence" does not mean:
449	451		220
450	452		(i) a residential treatment program;
451	453		221
452	454		(ii) residential support program; or
453	455		222
454	456		(iii) a home, residence, or facility, in which:
455	457		223
456	458		(A) residents, by a majority vote of the residents, establish, implement, and
457	459		224
458	460		enforce policies governing the living environment, including the manner in
459	461		225
460	462		which applications for residence are approved and the manner in which
461	463		226
462	464		residents are expelled;
463	465		227
464	466		(B) residents equitably share rent and housing-related expenses; and
465	467		228
466	468		(C) a landlord, owner, or operator does not receive compensation, other than fair
467	469		229
468	470		market rental income, for establishing, implementing, or enforcing policies
469	471		230
470	472		governing the living environment.
471	473		231
472	474		[(39)] (40) "Regular business hours" means:
473		-	- 7 - H.B. 491 Enrolled Copy
474	475		232
475	476		(a) the hours during which services of any kind are provided to a client; or
	477	+	- 7 - 3rd Sub. (Cherry) H.B. 491 03-05 21:19
476	478		233
477	479		(b) the hours during which a client is present at the facility of a licensee.
478	480		234
479	481		[(40)] (41)(a) "Residential support program" means a program that arranges for or
480	482		235
481	483		provides the necessities of life as a protective service to individuals or families who
482	484		236
483	485		have a disability or who are experiencing a dislocation or emergency that prevents
484	486		237
485	487		them from providing these services for themselves or their families.
486	488		238
487	489		(b) "Residential support program" includes a program that provides a supervised living
488	490		239
489	491		environment for individuals with dysfunctions or impairments that are:
490	492		240
491	493		(i) emotional;
492	494		241
493	495		(ii) psychological;
494	496		242
495	497		(iii) developmental; or
496	498		243
497	499		(iv) behavioral.
498	500		244
499	501		(c) Treatment is not a necessary component of a residential support program.
500	502		245
501	503		(d) "Residential support program" does not include:
502	504		246
503	505		(i) a recovery residence; or
504	506		247
505	507		(ii) a program that provides residential services that are performed:
506	508		248
507	509		(A) exclusively under contract with the department and provided to individuals
508	510		249
509	511		through the Division of Services for People with Disabilities; or
510	512		250
511	513		(B) in a facility that serves fewer than four individuals.
512	514		251
513	515		[(41)] (42)(a) "Residential treatment" means a 24-hour group living environment for four
514	516		252
515	517		or more individuals unrelated to the owner or provider that offers room or board and
516	518		253
517	519		specialized treatment, behavior modification, rehabilitation, discipline, emotional
518	520		254
519	521		growth, or habilitation services for persons with emotional, psychological,
520	522		255
521	523		developmental, or behavioral dysfunctions, impairments, or chemical dependencies.
522	524		256
523	525		(b) "Residential treatment" does not include a:
524	526		257
525	527		(i) boarding school;
526	528		258
527	529		(ii) foster home; or
528	530		259
529	531		(iii) recovery residence.
530	532		260
531	533		[(42)] (43) "Residential treatment program" means a program or facility that provides:
532	534		261
533	535		(a) residential treatment; or
534	536		262
535	537		(b) intermediate secure treatment.
536	538		263
537	539		[(43)] (44) "Seclusion" means the involuntary confinement of an individual in a room or an
538	540		264
539	541		area:
540	542		265
541	543		(a) away from the individual's peers; and
542		-	- 8 - Enrolled Copy H.B. 491
543	544		266
544	545		(b) in a manner that physically prevents the individual from leaving the room or area.
	546	+	- 8 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
545	547		267
546	548		[(44)] (45) "Short-term relief care provider" means an individual who:
547	549		268
548	550		(a) provides short-term and temporary relief care to a foster parent:
549	551		269
550	552		(i) for less than six consecutive nights; and
551	553		270
552	554		(ii) in the short-term relief care provider's home;
553	555		271
554	556		(b) is an immediate family member or relative, as those terms are defined in Section
555	557		272
556	558		80-3-102, of the foster parent;
557	559		273
558	560		(c) is direct access qualified, as that term is defined in Section 26B-2-120;
559	561		274
560	562		(d) has been approved to provide short-term relief care by the department;
561	563		275
562	564		(e) is not reimbursed by the department for the temporary relief care provided; and
563	565		276
564	566		(f) is not an immediate family member or relative, as those terms are defined in Section
565	567		277
566	568		80-3-102, of the foster child.
567	569		278
568	570		[(45)] (46) "Social detoxification" means short-term residential services for persons who are
569	571		279
570	572		experiencing or have recently experienced drug or alcohol intoxication, that are provided
571	573		280
572	574		outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
573	575		281
574	576		Inspection, and that include:
575	577		282
576	578		(a) room and board for persons who are unrelated to the owner or manager of the facility;
577	579		283
578	580		(b) specialized rehabilitation to acquire sobriety; and
579	581		284
580	582		(c) aftercare services.
581	583		285
582	584		[(46)] (47) "Substance abuse disorder" or "substance use disorder" mean the same as
583	585		286
584	586		"substance use disorder" is defined in Section 26B-5-501.
585	587		287
586	588		[(47)] (48) "Substance abuse treatment program" or "substance use disorder treatment
587	589		288
588	590		program" means a program:
589	591		289
590	592		(a) designed to provide:
591	593		290
592	594		(i) specialized drug or alcohol treatment;
593	595		291
594	596		(ii) rehabilitation; or
595	597		292
596	598		(iii) habilitation services; and
597	599		293
598	600		(b) that provides the treatment or services described in Subsection [(47)(a)] (48)(a) to
599	601		294
600	602		persons with:
601	603		295
602	604		(i) a diagnosed substance use disorder; or
603	605		296
604	606		(ii) chemical dependency disorder.
605	607		297
606	608		[(48)] (49) "Therapeutic school" means a residential group living facility:
607	609		298
608	610		(a) for four or more individuals that are not related to:
609	611		299
610	612		(i) the owner of the facility; or
611		-	- 9 - H.B. 491 Enrolled Copy
612	613		300
613	614		(ii) the primary service provider of the facility;
	615	+	- 9 - 3rd Sub. (Cherry) H.B. 491 03-05 21:19
614	616		301
615	617		(b) that serves students who have a history of failing to function:
616	618		302
617	619		(i) at home;
618	620		303
619	621		(ii) in a public school; or
620	622		304
621	623		(iii) in a nonresidential private school; and
622	624		305
623	625		(c) that offers:
624	626		306
625	627		(i) room and board; and
626	628		307
627	629		(ii) an academic education integrated with:
628	630		308
629	631		(A) specialized structure and supervision; or
630	632		309
631	633		(B) services or treatment related to:
632	634		310
633	635		(I) a disability;
634	636		311
635	637		(II) emotional development;
636	638		312
637	639		(III) behavioral development;
638	640		313
639	641		(IV) familial development; or
640	642		314
641	643		(V) social development.
642	644		315
643	645		[(49)] (50) "Unrelated persons" means persons other than parents, legal guardians,
644	646		316
645	647		grandparents, brothers, sisters, uncles, or aunts.
646	648		317
647	649		[(50)] (51) "Vulnerable adult" means an elder adult or an adult who has a temporary or
648	650		318
649	651		permanent mental or physical impairment that substantially affects the person's ability to:
650	652		319
651	653		(a) provide personal protection;
652	654		320
653	655		(b) provide necessities such as food, shelter, clothing, or mental or other health care;
654	656		321
655	657		(c) obtain services necessary for health, safety, or welfare;
656	658		322
657	659		(d) carry out the activities of daily living;
658	660		323
659	661		(e) manage the adult's own resources; or
660	662		324
661	663		(f) comprehend the nature and consequences of remaining in a situation of abuse,
662	664		325
663	665		neglect, or exploitation.
664	666		326
665	667		[(51)] (52)(a) "Youth program" means a program designed to provide behavioral,
666	668		327
667	669		substance use, or mental health services to minors that:
668	670		328
669	671		(i) serves adjudicated or nonadjudicated youth;
670	672		329
671	673		(ii) charges a fee for the program's services;
672	674		330
673	675		(iii) may provide host homes or other arrangements for overnight accommodation of
674	676		331
675	677		the youth;
676	678		332
677	679		(iv) may provide all or part of the program's services in the outdoors;
678	680		333
679	681		(v) may limit or censor access to parents or guardians; and
680		-	- 10 - Enrolled Copy H.B. 491
681	682		334
682	683		(vi) prohibits or restricts a minor's ability to leave the program at any time of the
	684	+	- 10 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
683	685		335
684	686		minor's own free will.
685	687		336
686	688		(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
687	689		337
688	690		Scouts, 4-H, and other such organizations.
689	691		338
690	692		[(52)] (53)(a) "Youth transportation company" means any person that transports a child
691	693		339
692	694		for payment to or from a congregate care program in Utah.
693	695		340
694	696		(b) "Youth transportation company" does not include:
695	697		341
696	698		(i) a relative of the child;
697	699		342
698	700		(ii) a state agency; or
699	701		343
700	702		(iii) a congregate care program's employee who transports the child from the
701	703		344
702	704		congregate care program that employs the employee and returns the child to the
703	705		345
704	706		same congregate care program.
705	707		346
706	708		Section 2. Section 26B-2-135 is enacted to read:
707	709		347
708	710		26B-2-135 . Licensing behavioral health receiving centers.
709	711		348
710	712		In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
711	713		349
712	714		Section 63J-1-504, the office:
713	715		350
714	716		(1) shall adopt and enforce rules to establish the process for initial and renewal applications
715	717		351
716	718		to operate a behavioral health receiving center;
717	719		352
718	720		(2) may assess and collect application and renewal fees for behavioral health receiving
719	721		353
720	722		center licenses; and
721	723		354
722	724		(3) shall deposit any fees collected under Subsection (2) into the General Fund as a
723	725		355
724	726		dedicated credit to be used solely to pay for or offset the office's costs incurred in
725	727		356
726	728		performing the duties under this section.
727	729		357
728	730		Section 3. Section 26B-5-383 is enacted to read:
729	731		358
730	732		26B-5-383 . Directed payments.
731	733		359
732	734		(1) To preserve and improve access to behavioral health hospital services, the department
733	735		360
734	736		shall incorporate into the local mental health authorities' Medicaid prepaid mental health
735	737		361
736	738		plan contract rate structure calculation, consistent with the certified actuarial rate range,
737	739		362
738	740		an amount equal to the difference between payments made by local mental health
739	741		363
740	742		authorities for the Medicaid eligibility categories for Medicaid-eligible services covered
741	743		364
742	744		in Utah based on submitted encounter data and the maximum amount that could be paid
743	745		365
744	746		for those services to be used for directed payments to the Utah State Hospital and the
745	747		366
746	748		Huntsman Mental Health Institute within the University of Utah for inpatient and
747	749		367
748	750		outpatient behavioral health services.
749		-	- 11 - H.B. 491 Enrolled Copy
750	751		368
751	752		(2) By June 30, 2025, the department shall submit to the Centers for Medicare and
	753	+	- 11 - 3rd Sub. (Cherry) H.B. 491 03-05 21:19
752	754		369
753	755		Medicaid Services the necessary request and supporting documentation to seek approval
754	756		370
755	757		to make the Medicaid directed payments described in Subsection (1) with an effective
756	758		371
757	759		date of July 1, 2025.
758	760		372
759	761		(3) The department may implement directed payments for the Utah State Hospital when
760	762		373
761	763		operationally feasible.
762	764		374
763	765		Section 4. Section 53-5c-201 is amended to read:
764	766		375
765	767		53-5c-201 . Voluntary commitment of a firearm by cohabitant -- Law
766	768		376
767	769		enforcement to hold firearm.
768	770		377
769	771		(1)(a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a law
770	772		378
771	773		enforcement agency or request that a law enforcement officer receive a firearm for
772	774		379
773	775		safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant
774	776		380
775	777		or another cohabitant with access to the firearm is an immediate threat to:
776	778		381
777	779		(i) a cohabitant;
778	780		382
779	781		(ii) the owner cohabitant; or
780	782		383
781	783		(iii) another individual.
782	784		384
783	785		(b) Except as provided in Subsection (2), if the owner of a firearm requests return of the
784	786		385
785	787		firearm in person at the law enforcement agency's office, the law enforcement agency:
786	788		386
787	789		(i) may not hold the firearm under this section; and
788	790		387
789	791		(ii) shall return the firearm to the owner.
790	792		388
791	793		(2) A law enforcement agency may not return a firearm to an owner under Subsection (1)(b)
792	794		389
793	795		if the owner of the firearm:
794	796		390
795	797		(a) is a restricted person under Section 76-10-503; or
796	798		391
797	799		(b)(i) has been arrested and booked into a county jail on a class A misdemeanor or
798	800		392
799	801		felony domestic violence offense;
800	802		393
801	803		(ii) has had a court:
802	804		394
803	805		(A) review the probable cause statement detailing the incident leading to the
804	806		395
805	807		owner's arrest; and
806	808		396
807	809		(B) determine that probable cause existed for the arrest; and
808	810		397
809	811		(iii) is subject to a jail release agreement or a jail release court order arising out of the
810	812		398
811	813		domestic violence offense.
812	814		399
813	815		(3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law enforcement
814	816		400
815	817		agency that receives a firearm in accordance with this chapter shall:
816	818		401
817	819		(a) record:
818		-	- 12 - Enrolled Copy H.B. 491
819	820		402
820	821		(i) the owner cohabitant's name, address, and phone number;
	822	+	- 12 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
821	823		403
822	824		(ii) the firearm serial number and the make and model of each firearm committed; and
823	825		404
824	826		(iii) the date that the firearm was voluntarily committed;
825	827		405
826	828		(b) require the cohabitant to sign a document attesting that the cohabitant resides in the
827	829		406
828	830		home;
829	831		407
830	832		(c) hold the firearm in safe custody:
831	833		408
832	834		(i) for 60 days after the day on which the firearm is voluntarily committed; or
833	835		409
834	836		(ii)(A) for an owner described in Subsection (2)(b), during the time the jail release
835	837		410
836	838		agreement or jail release court order is in effect; and
837	839		411
838	840		(B) for 60 days after the day on which the jail release agreement or jail release
839	841		412
840	842		court order expires; and
841	843		413
842	844		(d) upon proof of identification, return the firearm to:
843	845		414
844	846		(i)(A) the owner cohabitant after the expiration of the 60-day period; or
845	847		415
846	848		(B) if the owner cohabitant requests return of the firearm before the expiration of
847	849		416
848	850		the 60-day period, at the time of the request; or
849	851		417
850	852		(ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
851	853		418
852	854		(4) The law enforcement agency shall hold the firearm for an additional 60 days:
853	855		419
854	856		(a) if the initial 60-day period expires; and
855	857		420
856	858		(b) the cohabitant or owner cohabitant requests that the law enforcement agency hold the
857	859		421
858	860		firearm for an additional 60 days.
859	861		422
860	862		(5) A law enforcement agency may not request or require that the owner cohabitant provide
861	863		423
862	864		the name or other information of the cohabitant who poses an immediate threat or any
863	865		424
864	866		other cohabitant.
865	867		425
866	868		(6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with
867	869		426
868	870		Section 63G-2-701, a law enforcement agency shall destroy a record created under
869	871		427
870	872		Subsection (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the
871	873		428
872	874		application of this chapter immediately, if practicable, but no later than five days after
873	875		429
874	876		immediately upon the:
875	877		430
876	878		(a) return of a firearm in accordance with Subsection (3)(d); or
877	879		431
878	880		(b) disposal of the firearm in accordance with Section 53-5c-202.
879	881		432
880	882		(7) Unless otherwise provided, the provisions of Title 77, Chapter 11d, Lost or Mislaid
881	883		433
882	884		Property, do not apply to a firearm received by a law enforcement agency in accordance
883	885		434
884	886		with this chapter.
885	887		435
886	888		(8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in
887		-	- 13 - H.B. 491 Enrolled Copy
888	889		436
889	890		accordance with this chapter.
	891	+	- 13 - 3rd Sub. (Cherry) H.B. 491 03-05 21:19
890	892		437
891	893		(9) The department shall:
892	894		438
893	895		(a) create a pamphlet to be distributed by a law enforcement officer under Section
894	896		439
895	897		77-36-2.1 that includes information about a cohabitant's or owner cohabitant's ability
896	898		440
897	899		to have the owner cohabitant's firearm committed to a law enforcement agency for
898	900		441
899	901		safekeeping in accordance with this section[.] ;
900	902		442
901	903		(b) survey all law enforcement agencies in the state and publish a publicly searchable
902	904		443
903	905		registry that will allow the public to see whether each law enforcement agency is or is
904	906		444
905	907		not available to receive a voluntarily committed firearm in accordance with this
906	908		445
907	909		section; and
908	910		446
909	911		(c) subject to available funding, create and implement a marketing plan to educate law
910	912		447
911	913		enforcement agencies and the public regarding the options available under this
912	914		448
913	915		chapter.
914	916		449
915	917		Section 5. FY 2026 Appropriations.
916	918		450
917	919		The following sums of money are appropriated for the fiscal year beginning July 1,
918	920		451
919	921		2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
920	922		452
921	923		fiscal year 2026.
922	924		453
923	925		Subsection 5(a). Operating and Capital Budgets
924	926		454
925	927		Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
926	928		455
927	929		Legislature appropriates the following sums of money from the funds or accounts indicated for
928	930		456
929	931		the use and support of the government of the state of Utah.
930	932		457
931	933		ITEM 1 To Department of Health and Human Services - Integrated Health Care Services
932	934		458
933	935		From General Fund 68,500
934	936		459
935	937		Schedule of Programs:
936	938		460
937	939		Non-Medicaid Behavioral Health Treatment and
938	940		461
939	941		Crisis Response 68,500
940	942		462
941	943		The Legislature intends that the Department of
942	944		463
943	945		Health and Human Services use:
944	946		464
945	947		(1) $18,500 ongoing appropriation for Utah's
946	948		465
947	949		statewide Live On suicide prevention campaign.
948	950		466
949	951		(2) $50,000 ongoing appropriation for
950	952		467
951	953		community and clinical suicide prevention trainings,
952	954		468
953	955		community and continuum of care resources, and
954	956		469
955	957		educational materials.
956		-	- 14 - Enrolled Copy H.B. 491
957	958		470
958	959		ITEM 2 To Department of Health and Human Services - Integrated Health Care Services
	960	+	- 14 - 03-05 21:19 3rd Sub. (Cherry) H.B. 491
959	961		471
960	962		From General Fund 30,500
961	963		472
962	964		From Federal Funds 936,600
963	965		473
964	966		Schedule of Programs:
965	967		474
966	968		Medicaid Behavioral Health Services 967,100
967	969		475
968	970		The Legislature intends that the Department of
969	971		476
970	972		Health and Human Services use:
971	973		477
972	974		(1) $24,000 ongoing appropriation to increase
973	975		478
974	976		Medicaid rates for peer support specialist services.
975	977		479
976	978		(3) $6,500 ongoing appropriation to increase
977	979		480
978	980		Medicaid rates for mobile crisis outreach teams.
979	981		481
980	982		Section 6. Effective Date.
981	983		482
982	984		This bill takes effect on May 7, 2025.
983	985		- 15 -