R523-2-7. Formula for Allocation of Funding

  (1) The Division establishes by rule, a formula for the annual allocation of funds to LSAAs and a formula for the annual allocation of funds to the LMHAs.

  (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, funds appropriated for drug court, the Drug Offender Reform Act and the Medicaid Match funds.

  (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 block grant funds appropriated by the legislature to the Division and are intended for the annual equitable distribution of these funds to the state's LMHAs and LSAAs.

  (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 use disorder 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 Utah Department of Health's website, Public Health Indicator Based Information System (IBIS).

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

  (g) Each LMHA/LSAA shall provide funding equal to at least 20% of the state general fund appropriation that it receives to fund services described in that LMHA/LSAA's annual plan.

  (i) 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.

  (ii) If a LMHA/LSAA is unable to provide the required matching funds, the LMHA/LSAA shall be allocated the amount the LMHA/LSAA can match.

  (iii) Excess funds may be allocated on a one-time basis to LMHAs/LSAAs with the ability to provide matching funds.

  (iv) If no LMHA/LSAA 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 LMHAs on a per capita basis, according to the most current population data available from IBIS.

  (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 use disorder 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 LSAAs.

  (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 LMHAs/LSAAs 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 use disorders 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 LSAAs on a per capita basis, according to the most current population data available from the IBIS.