No. 29381 (Amendment): R523-1-2. State and Local Relationships

DAR File No.: 29381
Filed: 01/02/2007, 01:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to reflect current monitoring practice, to remove duplication of a rule that restates existing law, and to revise conflict resolution between the Community Mental Health Centers and the Utah State Hospital. The Division of Substance Abuse and Mental Health recognized duplication existed between state law and administrative rule in reference to the requirements for the local mental health plan of services to be submitted to the Division. The conflict resolution process described in Section R523-1-11 has been streamlined and moved into this section as it was too cumbersome and seemed to fit more appropriately in a section of rule that set forth procedures relating to the relationships between the Division and local mental health authorities. (DAR NOTE: The proposed amendment to Section R523-1-11 is under DAR No. 29382 in this issue, January 15, 2007, of the Bulletin.)

Summary of the rule or change:

This change removes references to Section 17-43-301 and Subsection 62A-15-103(3). There is also the removal of the requirement to submit an area plan that is already mandated by statute and more clearly defines the Division's role in contract monitoring, which cites practices that more accurately reflect current contracting and monitoring practices. This change adds a consolidated and streamlined conflict resolution practice that was formally cumbersome as cited in Section R523-1-11, but fit more appropriately in this section. Conflict resolutions will follow a four-step process: 1) a committee will review the issues and make recommendations; 2) if no resolution, discussions between the center's clinical or medical director and the State Hospital's clinical director; 3) if no resolution, then discussions between the center's director and the superintendent of the State Hospital; and finally 4) if no resolution, the Division director or designee makes a final determination. If the local mental health authorities have conflicts between each other, the Division director or designee shall make a final determination.

State statutory or constitutional authorization for this rule:

Section 62A-15-103, Subsection 62A-15-105(5), and Sections 62A-15-603 and 17-43-302

Anticipated cost or savings to:

the state budget:

The practices described in these amendments are already in place so no increase or decrease in the state budget is required to implement or administer these changes.

local governments:

The practices described in these amendments are already in place so no increase or decrease in the local government budgets is required to implement or administer these changes.

other persons:

This rule pertains only to the Division and its relationships with the local mental health authorities and the Utah State Hospital. There should be no impact on the business dealings of the local mental health authorities and their private contractors, no apparent impact on others within the state.

Compliance costs for affected persons:

This rule pertains only to the Division and its relationships with the local mental health authorities and the Utah State Hospital. There should be no impact on the business dealings of the local mental health authorities and their private contractors, no apparent impact on others within the state.

Comments by the department head on the fiscal impact the rule may have on businesses:

After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the State of Utah. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2007

This rule may become effective on:

02/22/2007

Authorized by:

Mark I Payne, Director

RULE TEXT

R523. Human Services, Substance Abuse and Mental Health.

R523-1. Procedures.

R523-1-2. State and Local Relationships.

(1) Local Mental Health Authorities (LMHA) are the "service designees" of the State Division of Substance Abuse and Mental Health (Division)[. As service designees, LMHAs receive all formula pass-through state and federal mental health funds] to provide comprehensive mental health services as defined by state law pursuant to Section 17-43-302.[ Local Mental Health Authorities are considered sole source providers for these services and are statutorily required to provide them (17-43-301).]

(2) When the Division[ of Substance Abuse and Mental Health ] requires other services outside the comprehensive range specified by law, it shall provide LMHAs the first opportunity to accept or reject the service contract. If the LMHA rejects the contract in writing or fails to meet the terms of the contract as determined by the Division, the Division may contract with any qualified provider, through a Request For Proposal (RFP) process. If an agency other than the LMHA receives a contract to provide a mandated service, the contracted service provider shall inform the LMHA that they have been awarded the contract and offer to coordinate the service with existing services provided by the LMHA[ (17-43-301, 62A-15-103(3))].

(3) [Local Mental Health Authorities must submit an annual local Mental Health Plan of Service to the Division of Substance Abuse and Mental Health for approval before each contract period. The Plan shall describe the intended use of state and federal contracted dollars.]The Division has the responsibility and authority to monitor LMHA contracts. Each mental health catchment area shall be visited at least once annually to monitor compliance. The mental health center will be provided preliminary findings from the site review and an opportunity to comment. A written report will be sent to each LMHA describing the findings from the site visit.

(4) [The Division of Substance Abuse and Mental Health has the responsibility and authority to monitor LMHA contracts to see that they are in compliance with existing laws, policies, standards and rules. Each mental health catchment area shall be visited at least once annually to monitor compliance. The mental health center will be provided preliminary findings from the site review and an opportunity to comment. A written report will be sent to each LMHA describing the findings from the site visit.]The Division shall oversee the continuity of care for services provided to consumers and resolve conflicts between the Utah State Hospital (USH) and LMHA, and also those between LMHA's.

(a) if negotiations between LMHA's and the USH regarding admissions, discharges or provisions of consumer services fail to be resolved at the local level, the following steps shall be taken:

(i) the director of the Division or designee shall appoint a committee to review the facts of the conflict and make recommendations;

(ii) if the recommendations of the committee do not adequately resolve the conflict, the clinical or medical director of the local mental health center and USH clinical director shall meet and attempt to resolve the conflict;

(iii) if a resolution cannot be reached, the community mental health center director and the superintendent of the USH shall meet and attempt to resolve the conflict;

(iv) if a resolution cannot be reached, the director of the Division or designee shall make the final decision.

(b) If conflicts arise between LMHA's regarding admissions, discharges, or provisions of consumer services, the final authority for resolution shall rest with the director of the Division or designee.

 

KEY: bed allocations, due process, prohibited items and devices, fees

Date of Enactment or Last Substantive Amendment: [March 7, 2005]2007

Notice of Continuation: December 11, 2002

Authorizing, and Implemented or Interpreted Law: 62A-12-102; 62A-12-104; 62A-12-209.6(2); 62A-12-283.1(3)(a)(i); 62A-12-283.1(3)(a)(ii); 62A-15-612(2); 62A-15-103; 62A-15-105(5); 62A-15-603; 17-43-302