No. 38292 (New Rule): Rule R523-4. Local Mental Health Authorities and Local Substance Abuse Authorities

(New Rule)

DAR File No.: 38292
Filed: 02/12/2014 02:21:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide guidance to the Local Mental Health Authorities (LMHAs) and the Local Substance Abuse Authorities (LSAAs).

Summary of the rule or change:

DHS/DSAMH found it necessary to update the formula for allocation of funding to the local authorities and to make the division's rules more concise. Rule R523-1 is being repealed and will be replaced by three rules so that specific topics are within separate rules. The purpose of this rule is to provide: 1) clarification of the relationship between the Division, the Local Mental Health Authorities (LMHAs) and the Local Substance Abuse Authorities (LSAAs); 2) guidance on the formula for allocation of funding to the LMHAs and LSAAs; 3) a process for LMHAs and LSAAs to set policies on fees for service; 4) guidance on carryover from funds generated through collections; 5) guidance on priorities for treatment; 6) guidance on LMHA/LSAA written statements on consumer rights; 7) guidance in the use of data for evaluations, research and statistical analysis; 8) guidance on allocation of Utah State Hospital bed days to LMHAs; 9) guidance on LMHA/LSAA program standards; and 10) set maintenance of effort standards for local substance abuse authorities. (DAR NOTE: The proposed repeal of Rule R523-1 is under DAR No. 38297, the proposed new Rule R523-5 is under DAR No. 38293, and the proposed new Rule R523-6 is under DAR No. 38298 in this issue, March 1, 2014, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 62A-15-105
• Subsection 62A-15-108(1)
• Subsection 62A-15-611(2)(a)
• Subsection 62A-15-612(2)
• Subsection 62A-15-902(2)(c)

Anticipated cost or savings to:

the state budget:

There will not be any impact to the state budget. The changes in this rule are from Rule R523-1, which is being repealed, only impact the local authorities.

local governments:

LMHAs and LSAAs will be affected by changes to the formula for allocation of funding. The formula changes will mean that the allocations will be based on more current data than in the past. The changes are being phased in over five years to minimize impact. The LMHAs and the LSAAs have participated in the process. For these reasons, the impact to the local authorities will be minimal.

small businesses:

There will not be any impact to small businesses. The changes in this rule are from Rule R523-1, which is being repealed, only impact the local authorities.

persons other than small businesses, businesses, or local governmental entities:

There will not be any impact to persons other than small businesses, businesses, or local government entities. The changes in this rule are from Rule R523-1, which is being repealed, only impact the local authorities.

Compliance costs for affected persons:

The only foreseeable compliance cost to the local authorities would be that there may be some change to the matching fund requirements. However, the Division believes that this will be minimal since the change is being phased in over a five-year period, in order to minimize the impact to the local authorities.

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

There will not be any fiscal impact on businesses, only the LMHAs and LSAAs as described under "local government" above.

Ann Silverberg Williamson, 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
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• L Ray Winger at the above address, by phone at 801-538-4319, 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:

03/31/2014

This rule may become effective on:

04/07/2014

Authorized by:

Doug Thomas, Director

RULE TEXT

R523. Human Services, Substance Abuse and Mental Health.

R523-4. Local Mental Health Authorities and Local Substance Abuse Authorities.

R523-4-1. Authority.

This rule is promulgated under authority granted to the Division of Substance Abuse and Mental Health (Division) by Subsections 62A-15-105, 62A-15-108(1), 62A-15-611(2)(a), 62A-15-612(2) and 62A-15-902(2)(c).

 

R523-4-2. Purpose.

(1) The purpose of this rule is to provide:

(a) Clarification of the relationship between the Division, the Local Mental Health Authorities (LMHAs) and the Local Substance Abuse Authorities (LSAAs).

(b) Guidance on the formula for allocation of funding to the LMHAs and LSAAs.

(c) A process for LMHAs and LSAAs to set policies on fees for service.

(d) Guidance on carryover from funds generated through collections.

(e) Guidance on priorities for treatment.

(f) Guidance on LMHA/LSAA written statements on consumer rights.

(g) Guidance in the use of data for evaluations, research and statistical analysis.

(h) Guidance on allocation of Utah State Hospital bed days to LMHAs.

(i) Guidance on LMHA/LSAA program standards.

(j) Set maintenance of effort standards for local substance abuse authorities.

 

R523-4-3. Relationship Between the Division, Local Mental Health Authorities and Local Substance Abuse Authorities.

(1) LMHAs and LSAAs are the "service designees" of the Division to provide comprehensive mental health services and substance abuse services as defined by state law pursuant to Sections 17-43-301 and 17-43-302 and any other applicable state law.

(2) When the Division requires other services outside the comprehensive range specified by law, it may provide LMHAs/LSAAs the first opportunity to accept or reject the service contract. If the LMHA/LSAA 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/LSAA receives a contract to provide a mandated service, the contracted service provider shall inform the LMHA/LSAA that they have been awarded the contract and offer to coordinate the service with existing services provided by the LMHA/LSAA.

(3) The Division has the responsibility and authority to monitor LMHA/LSAA contracts. Each mental health/substance abuse catchment area shall be visited at least once annually to monitor compliance. The LMHA/LSAA will be provided preliminary findings from the site review and an opportunity to comment. A written report will be sent to each LMHA/LSAA describing the findings from the site visit.

 

R523-4-4. Admission to the Hospital and Coordination of Care

(1) The Division has oversight of the Utah State Hospital as per Subsection 62A-15-103(2)(b)(ii) and shall oversee the Continuity of Care Committees for adult and children/youth patients (when the patient is a child or youth, then patient also refers to the parent and/or legal guardian), as it pertains to Admissions, Coordination of Care, Discharges and Transfers between LMHAs of patients to and from the Utah State Hospital (Hospital). The Division shall conduct monthly Continuity of Care Committee meetings, unless the time for the meetings is postponed or canceled for good cause.

(2) Each LMHA shall assign a liaison to the Hospital as the identified representative of the LMHA.

(a) The Liaison will coordinate patient needs for admission to the Hospital and shall complete the Hospital Pre-admission packet, which includes identifying community discharge and treatment options prior to admission. Any individual or family member independently requesting voluntary Hospital admission shall be referred to the appropriate LMHA geographical area in which the individual currently resides.

(b) LMHA liaisons are responsible to participate in the coordination of care at the Hospital. This includes participation in clinical staffing, at least monthly. The liaisons and Hospital staff are required to participate in order to coordinate patient treatment, discuss the progress of assigned patients and meet with patients and Hospital staff jointly to formulate patient care.

(c) Patients admitted to the Forensic units are under the jurisdiction of the criminal court system; if the need arises the LMHA liaison will participate in community discharge placements, and follow up care.

(d) Hospital staff and liaison will coordinate discharge plans. As there are multiple factors inherent in determining "readiness for discharge," this decision will be made on an individual basis, with input from the patient, the Hospital, the LMHA and the Division as necessary. Outplacement funds shall be used to resolve financial barriers that delay or complicate patients discharge. Patient's preferences and feedback regarding discharge placements shall be considered. For adult patients the LMHA liaison is required to arrange discharge placement and follow up care once the patient is ready for discharge as indicated by the Division's REDI program (Readiness, Evaluation and Discharge Implementation). The Hospital and LMHAs are required to use the REDI program. REDI information will be distributed monthly to the Hospital, and the LMHAs to track progress toward discharge. The philosophy of the Hospital is to provide short-term inpatient care for the purpose of stabilization with the goal of transition to a less restrictive level of care as soon as possible. If the Hospital and/or the LMHA determine that the patient is ready for discharge and the coordination of the placement is not occurring the Hospital and/or liaison is required to notify the Division within five business days.

(e) The Liaison shall follow the Hospital's policies on admission, treatment, discharge, and transfers of all Hospital patients.

 

R523-4-5. Determining the Proper LMHA Under Special Situations.

(1) In the following special situations, the proper LMHA will be determined as follows:

(a) Homeless: Individuals who are homeless and in need of Hospital admission shall be the responsibility of the LMHA in which the individual came to the attention of local emergency services. If from out of state, the individual shall be referred to the LMHA where the individual was identified as mentally ill and in need of services.

(b) Children and Adolescent Patients: Children and Adolescents in state custody will be referred to the LMHA in which they resided prior to their custody being changed to the Division of Child and Family Services or the Division of Juvenile Justice Services

(c) Forensic Patients: When a forensic patient, placed at the Hospital pursuant to criminal adjudication as set forth in Utah Code Section 62A-15-902, and is determined to meet criteria for civil commitment the patient shall be committed to LMHA where the patient resided prior to his/her arrest.

(d) Prison Transfers: Utah State Prison inmates who are transferred to the Hospital Forensic Unit and subsequently civilly committed become the responsibility of the LMHA where the person resided prior to incarceration.

(e) Developmental Center Transfers: Individuals placed at the Utah State Developmental Center (USDC), who are transferred to the Hospital for treatment of a mental illness are the responsibility of the LMHA of their last community residence (excluding foster and group home placements less than one year in duration). If the individual was admitted to the USDC as a child, the residence of the custodial parent(s) at the time of admission to USDC will be used to determine the responsible LMHA. The LMHA is responsible for treatment and discharge planning during the course of the individual's Hospital stay.

 

R523-4-6. Transfer Planning Between LMHAs From Hospital

(1) When a Hospital patient or the patients legal guardian desires to relocate to a new geographical area, the patient's LMHA liaison (the liaison responsible for the civil bed in which the patient currently resides), will notify the receiving LMHA regarding the desire of the patient. It is the referring liaison's responsibility to discuss the matter with the patient and with the receiving LMHA and work toward discharge.

(2) The referring and receiving LMHA liaison will discuss the transfer and will provide information as needed.

(3) Once the receiving LMHA accepts the referral, the receiving LMHA will proceed with Hospital patient discharge planning. During the time period between the referral to the receiving LMHA and Hospital discharge, the Hospital patient will continue to be assessed against the bed allocation of the referring LMHA. The receiving LMHA is expected to work toward discharge.

(4) The LMHAs may negotiate an agreement (Local Authority to Local Authority) agreement if the patient returns to the Hospital, the patient returns to the referring LMHA bed. The agreement is not to exceed one year, whereby the referring LMHA agrees the patient's bed will be assessed against the bed allocation of the referring LMHA. The agreement specifies the role of each LMHA and who is responsible for providing needed services and payment for those services. Any such agreement shall be made in writing. If a Local Authority to Local Authority agreement cannot be reached, then the conflict resolution process as outlined in Section R523-4-7 below shall be followed.

(5) At the conclusion of the negotiated period, the receiving LMHA will assume all responsibility for the full continuum of mental health services, including Hospital care.

 

R523-4-7. Conflict Resolution.

(1) The Division will work to resolve conflicts between the Hospital and a LMHA, as well as conflicts between LMHAs.

(a) if negotiations between LMHAs 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 LMHA and USH clinical director shall meet and attempt to resolve the conflict;

(iii) if a resolution cannot be reached, the LMHA 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 LMHAs regarding admissions, discharges, or provisions of consumer services, the final authority for resolution shall rest with the director of the Division or designee.

 

R523-4-8. Formula for Allocation of Funding.

(1) The Division establishes by rule, a formula for the annual allocation of funds to local substance abuse authorities and a formula for the annual allocation of funds to the local mental health authorities.

(a) The formulas do not apply to funds used by the Division for administration, statewide services consistent with the requirements of Section 62A-15-201 et seq. for discretionary grants awarded to the Division, or funds appropriated for drug courts and the Drug Offender Reform Act.

(b) Funds used by the Division for administration shall not exceed 5% of the total annual legislative appropriation to the Division excluding the appropriation for the Utah State Hospital.

(c) The funding formulas shall be applied annually to state and federal funds appropriated by the legislature to the Division and are intended for the annual equitable distribution of these funds to the state's local mental health and substance abuse authorities.

(d) Excluding discretionary grants, DORA, Drug Court, and other programs for which Utah Code establishes the funding process, funds used by the Division for statewide substance abuse services consistent with requirements of Section 62A-15-201 et seq. shall not exceed 15% of the total annual substance abuse legislative appropriation to the Division.

(e) Population data used in the formulas shall be updated annually using the most current data available from the United States Census Bureau.

(f) New funding and/or decreases in funding shall be processed and distributed through the funding formulas.

(g) Each Local mental health authority and substance abuse authority shall provide funding equal to at least 20% of the state general fund appropriation that it receives to fund services described in that local authority's annual plan.

(i) If a local authority is unable to provide the required matching funds, the county shall be allocated the amount the county can match.

(ii) Excess funds may be allocated on a one-time basis to local authorities with the ability to provide matching funds.

(iii) If no county can provide the required match, the Division may use the funds to purchase statewide services.

(h) Changes in funding related to the adoption of new formulas in 2014 shall be phased in over a five year period beginning in State Fiscal year 2015.

(2) Funding for mental health shall be allocated as follows:

(a) The Division shall allocate 5% of mental health funds to the 24 smallest counties ranked by population as a rural differential. The rural differential shall be allocated using the following methodology:

(i) 35% divided in equal amounts to the six smallest counties.

(ii) 30% divided in equal amounts to the seventh through twelfth smallest counties.

(iii) 20% divided in equal amounts to the thirteenth through the eighteenth smallest counties.

(iv) 15% divided in equal amounts to the nineteenth through the twenty-fourth smallest counties.

(b) The Division shall allocate all remaining mental health funds to the local authorities on a per capita basis, according to the most current population data available from the United States Census Bureau.

(c) The funding formula may utilize a determination of need other than population if the Division establishes by valid and acceptable data, that other defined factors are relevant and reliable indicators of need.

(3) The funding formula for substance abuse services shall be applied annually to state and federal funds appropriated by the legislature to the Division and is intended for the annual equitable distribution of these funds to the state's local substance abuse authorities.

(a) The Division shall allocate a total of $2,390,643 in funds used for prior cost of living increases and funds previously contracted with statewide residential providers to the local authorities in an amount equal to the 2014 allocation.

(b) The Division shall allocate 5% of the remaining funds to the 24 smallest counties ranked by population. The rural differential shall be allocated using the following methodology:

(i) 35% divided in equal amounts to the six smallest counties.

(ii) 30% divided in equal amounts to the seventh through twelfth smallest counties.

(iii) 20% divided in equal amounts to the thirteenth through the eighteenth smallest counties.

(iv) 15% divided in equal amounts to the nineteenth through the twenty-fourth smallest counties.

(c) Sixty percent of the remaining funds shall be allocated to each county based on the incidence and prevalence of substance abuse based on the following;

(i) The percent of adults estimated to be binge drinkers as reported by the Behavioral Risk Factor Surveillance System (BRFSS).

(ii) The percent of adults estimated to be chronic drinkers as reported by BRFSS.

(iii) The percent of youth reporting alcohol use within the past 30 days by the most current Student Health and Risk Protection Survey (SHARP).

(iv) The percent of youth estimated to be binge drinkers by the most current SHARP.

(v) The percent of youth needing drug treatment as reported by the most current SHARP.

(d) Forty percent of the remaining funds shall be allocated to local authorities on a per capita basis, according to the most current population data available from the United States Census Bureau.

 

R523-4-5. LMHA/LSAA Fee Policy.

(1) Each LMHA/LSAA shall require all programs that receive federal and state funds from the Division and provide services to clients to establish a policy to set and collect fees.

(a) Each fee policy shall include:

(i) A fee reduction plan based on the client's ability to pay for services; and

(ii) A provision that clients who have received an assessment and require mental health or substance abuse services will not be denied services based on the lack of ability to pay.

(b) Any adjustments to the assessed fee shall follow the procedures approved by the LMHA/LSAA.

(2) The governing body of each LMHA/LSAA shall approve the fee policy and shall set a usual and customary rate for services rendered.

(3) All LMHA/LSAA programs shall provide a written explanation of the fee policy to all clients at the time of intake except in the case of emergency services.

(4) All clients shall be assessed fees based on:

(a) The usual and customary rate established by the LMHA/LSAA, or

(b) A negotiated contracted cost of services rendered to clients.

(5) Fees assessed to clients shall not exceed the average cost of delivering the service.

(6) All fees assessed to clients, including upfront administrative fees, shall be reasonable as determined by the LMHA/LSAA.

(7) All programs shall make reasonable effort to collect outstanding fee charges and may use an outside collection agency.

(8) All programs may reduce the assessed fee for services if the fee is determined to be a financial hardship for the client.

(9) The Division shall annually review each program's policy and fee schedule to ensure that the elements set in this rule are incorporated.

 

R523-4-6. Collections Carryover.

(1) LMHA/LSAA programs may carry collections forward from one fiscal year to another.

(2) LMHA/LSAAs receive two general types of revenues - appropriations and collections. These terms are defined as follows:

(a) Appropriations:

(i) State appropriated monies

(ii) Federal Block Grant dollars

(iii) County Match of at least 20%

(b) Collections:

(i) First and third party reimbursements

(ii) Any other source of income generated by the LMHA/LSAA.

 

R523-4-7. Priorities for Services.

(1) Mental health services provided through public funds (federal, state, and local match) will address current mental health priorities listed below. The Division will receive input from the Utah Behavioral Health Planning Council on priorities for services.

(2) LMHA Priorities: Immediacy of need and severity of the mental illness are the two primary variables considered in developing the following priorities of treatment. It is to be understood that emphasis upon certain under-served age groups may be given as appropriately demonstrated through needs studies.

(a) Effective and responsive crisis intervention, suicide prevention, assessment, direct care, and referral program available to all citizens.

(b) Provision of the least restrictive and most appropriate treatment and settings for:

(i) Children, youth, and adults with severe mental illness;

(ii) Children, youth, and adults with acute mental illness; and

(iii) Children, youth and adults who are receiving services from other divisions within the Department of Human Services.

(c) Provisions of services to children with emotional disabilities, youth and aged citizens who are neither acutely nor severely mentally ill, but whose adjustment is critical for their future as well as for society in general.

(d) Provision of services to emotionally disabled adults who are neither acutely nor severely mentally ill, but whose adjustment is critical to their personal quality of life as well as for society in general.

(e) Provision of consultation, education and preventive mental health services targeted at high risk groups in particular.

 

R523-4-8. Consumers Rights.

(1) Each LMHA/LSAA shall have a written statement reflecting consumers rights. General areas for consideration should be:

(a) Consumer involvement in treatment planning.

(b) Consumer involvement in selection of their primary therapist.

(c) Consumer access to their individual treatment records.

(d) Informed consent regarding medication.

(e) Grievance procedures.

(2) This statement should also indicate the LMHA/LSAA's commitment to always treat mental health consumers with dignity and individuality in a positive, supportive and empowering manner. This document is to be shared with the consumer at the time of intake and a signed copy made part of their individual file. The Division shall periodically review this process to assure appropriate content within the rights statement and proper application of the intent of this policy.

 

R523-4-9. Statewide Program Evaluation, Research, and Statistics.

(1) Responsibility for Statewide program evaluation, research, and statistics belongs to the Division. This responsibility includes data system leadership, coordination, implementation, and monitoring.

(2) The Division shall develop and maintain, in collaboration with local mental health providers, a set of data system principles that address at least the following topics: standardization of data variables and definitions; variable integration across data sets; procedures for requesting data from LMHA/LSAAs; procedures for data review and dissemination; LMHA/LSAA participation in planning new statistical reports and requests; cost-effective and practical data collection procedures; confidentiality and data security; accuracy and data quality control; updating regular reports; and procedures for reviewing and updating the principles.

(3) The Division, in collaboration with the LMHA/LSAAs and their providers, shall assess service effectiveness (outcomes) and efficiency (productivity) and report the results in an annual report. This report or reports shall contain data results on effectiveness and efficiency for the previous year, and a plan for assessing these variables for the following year.

 

R523-4-10. Allocation of Utah State Hospital Adult Bed Days to Local Mental Health Authorities.

(1) The Division herein establishes a formula to allocate to LMHAs the adult beds for persons who meet the requirements of Subsection 62A-15-610(2)(a).

(2) The formula established provides for allocation based on:

(a) The percentage of the state's adult population located within a LMHA catchment area; and

(b) A differential to compensate for the additional demand for hospital beds in LMHA catchment areas that are located within urban areas.

(3) The Division hereby establishes a formula to determine adult bed allocation:

(a) The most recent available population estimates are obtained from the United States Census Bureau.

(b) The total adult population figures for the State are identified. Adult means age 18 and over.

(c) Adult population numbers are identified for each county.

(d) The urban counties are identified (county classifications are determined by the lieutenant governor's office pursuant to Subsections 17-50-501 and 17-50-502 and the most recent classifications are used to determine which counties are defined as urban) and given a differential as follows:

(i) The total number of adult beds available at the Utah State Hospital is determined.

(ii) 4.8% is subtracted from the total number of beds available for adults to be allocated as an urban differential.

(e) The total number of available adult beds minus the urban differential is multiplied by the county's percentage of the state's total adult population to determine the number of allocated beds for each county.

(f) Each catchment area's individual county numbers are added to determine the total number of beds allocated to a catchment area. This fractional number is rounded to the nearest whole bed.

(g) The urban differential beds are then distributed to urban counties based on their respective percentage of urban counties as a whole.

(h) At least one adult bed is allocated to each LMHA.

(4) In accordance with Subsection 62A-15-611(6), the Division shall periodically review and make changes in the formula as necessary to accurately reflect changes in population.

(5) Applying the formula:

(a) Adjustments of adult beds, as the formula is applied, shall become effective at the beginning of the next fiscal year.

(b) The Division is responsible to calculate the adult bed allocation.

(c) Each LMHA will be notified of changes in adult bed allocation.

(6) The number of allocated adult beds shall be reviewed and adjusted as necessary or at least every three years as required by statute.

(7) A LMHA may sell or loan its allocation of adult beds to another LMHA.

 

R523-4-11. Allocation of Utah State Hospital Pediatric Beds to Local Mental Health Authorities.

(1) The Division establishes a formula to allocate to LMHAs the pediatric beds at the Utah State Hospital.

(2) The formula established provides for allocation based on the percentage of the state's population of persons under the age of 18 located within a LMHA catchment area.

(3) Each LMHA shall be allocated at least one pediatric bed.

(4) The formula to determine pediatric bed allocation:

(a) The most recent available population estimates are obtained from the United States Census Bureau.

(b) The total pediatric population figures for the State are identified. Pediatric means under the age of 18.

(c) Pediatric population figures are identified for each county.

(d) The total number of pediatric beds available is multiplied by the county's percentage of the state's total pediatric population. This will determine the number of allocated pediatric beds for each county.

(e) Each catchment area's individual county numbers are added to determine the total number of pediatric beds allocated to a catchment area. This fractional number is rounded to the nearest whole bed.

(5) The Division shall periodically review and make changes in the formula as necessary.

(6) Applying the formula:

(a) Adjustments of pediatric beds, as the formula is applied, shall become effective at the beginning of the new fiscal year.

(b) Each LMHA shall be notified of changes in pediatric bed allocation.

(7) The number of allocated pediatric beds shall be reviewed and adjusted as necessary or at least every three years as required by statute.

(8) A LMHA may sell or loan its allocation of pediatric beds to another LMHA.

 

R523-4-12. LMHA/LSAA Program Standards.

(1) The Division establishes minimum standards for LMHA/LSAA programs.

(a) Each LMHA/LSAA program shall have the appropriate current license issued by the Office of Licensing, Department of Human Services.

(b) Each LMHA/LSAA shall have a comprehensive plan of service which shall be reviewed and updated at least annually to reflect changing needs. The plan shall:

(i) Be consistent with the Division Directives for the Division of Substance Abuse and Mental Health,

(ii) Designate the projected use of state and federal contracted dollars and the 20% county match dollars,

(iii) Define the LMHA/LSAA's priorities for service and the population to be served.

(c) Each LMHA shall provide or arrange for the provision of services within the following continuum of care:

(i) Inpatient care and services (hospitalization),

(ii) Residential care and services,

(iii) Day treatment and Psycho-social rehabilitation,

(iv) Outpatient care and services,

(v) Twenty-four hour crisis care and services,

(vi) Psychotropic mediation management,

(vii) Case management services,

(viii) Community supports including in-home services, housing, family support services and respite services,

(ix) Consultation, education and preventive services, including case consultation, collaboration with other county service agencies, public education and public information,

(x) Services to persons incarcerated in a county jail or other county correctional facility.

(d) Each LMHA/LSAA shall participate in a yearly on-site evaluation conducted by the Division.

(e) The LMHA/LSAA shall be responsible for monitoring and evaluating all subcontracts to ensure:

(i) Services delivered to consumers commensurate with funds provided,

(ii) Progress is made toward accomplishing contract goals and objectives.

(f) The LMHA/LSAA shall conduct a minimum of one site visit per year with each subcontractor. There shall be a written report to document the review activities and findings, a copy of which will be made available to the Division.

 

R523-4-13. Prohibited Items and Devices on the Grounds of Public Mental Health Facilities.

(1) Pursuant to the requirements of Subsection 62A-15-602 (9), and Sections 76-10-523.5, 76-8-311.1, and 76-8-311.3, all facilities owned or operated by community mental health centers that have any contracts with local mental health authority and/or the Utah State Division of Substance Abuse and Mental Health are designated as secure areas. Accordingly all weapons, contraband, controlled substances, implements of escape, ammunition, explosives, spirituous or fermented liquors, firearms, or any other devices that are normally considered to be weapons are prohibited from entry into community mental health centers. There shall be a prominent visual notice of secure area designation. Law enforcement personnel are authorized to carry firearms while completing official duties on the grounds of those facilities.

 

R523-4-14. Distribution of Fee-On-Fine (DUI) Funds.

(1) The Fee-On-Fine funds collected by the court system under the criminal surcharge law and remitted to the State Treasurer will be allocated to the Local Substance Abuse Authorities based upon each county's percent of the total state population as determined at the time of the funding formula as described in Section R523-4-4. The Division shall authorize quarterly releases of these funds to the county commission of each county for which they are allocated unless notified in writing by the local authority's governing board to send the funds to the local service provider.

 

R523-4-15. 20% Match / Maintenance of Effort Required to Be County Tax Revenue.

(1) The Division determines that the funds required by Subsection 17-43-301(4)(a)(x) (normally called the 20% match requirement) shall be paid from tax revenues assessed by the county legislative body and collected by the County Clerk.

(2) Failure by any county to meet its obligations under this requirement shall result in the amount of State General Funds allocated to that county by formula as described in Section R523-4-4 being lowered by the percent by which the county under-matches these funds.

 

KEY: funding formula, bed allocations, Local Mental Health Authority, Local Substance Abuse Authority

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 17-43-302; 62A-15-103; 62A-15-105(5); 62A-15-603; 62A-15-612; 62A-15-108; 62A-15-704(3)(a)(i); 62A-15-704(3)(a)(ii); 62A-15-713(7); 62A-15-1003; 17-43-204; 17-43-301(4)(a)(x); 17-43-306

 

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