2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 114 - Behavioral Health Receiving Center Grant Program.

Affected by 63I-1-226 on 12/31/2026
Effective 5/3/2023
26B-5-114.
Behavioral Health Receiving Center Grant Program.
(1) As used in this section:
(a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility that is responsible for, and provides mental health crisis services to, an individual experiencing a mental health crisis.
(b) "Commission" means the Behavioral Health Crisis Response Commission established in Section 63C-18-202.
(c) "Project" means a behavioral health receiving center project described in Subsection (2) or (3)(a).
(2) Before July 1, 2020, the division shall issue a request for proposals in accordance with this section to award a grant to one or more counties of the first or second class, as classified in Section 17-50-501, to develop and implement a behavioral health receiving center.
(3)
(a) Before July 1, 2023, the division shall issue a request for proposals in accordance with this section to award a grant to one county of the third class, as classified in Section 17-50- 501, to develop and implement a behavioral health receiving center.
(b) Subject to appropriations by the Legislature, the division shall award grants under this Subsection (3) before December 31, 2023.
(c) The commission shall provide recommendations to the division regarding the development and implementation of a behavioral health receiving center.
(4) The purpose of a project is to:
(a) increase access to mental health crisis services for individuals in the state who are experiencing a mental health crisis; and
(b) reduce the number of individuals in the state who are incarcerated or in a hospital emergency room while experiencing a mental health crisis.
(5) An application for a grant under this section shall:
(a) identify the population to which the behavioral health receiving center will provide mental health crisis services;
(b) identify the type of mental health crisis services the behavioral health receiving center will provide;
(c) explain how the population described in Subsection (5)(a) will benefit from the provision of mental health crisis services;
(d) provide details regarding:
(i) how the proposed project plans to provide mental health crisis services;
(ii) how the proposed project will ensure that consideration is given to the capacity of the behavioral health receiving center;
(iii) how the proposed project will ensure timely and effective provision of mental health crisis services;
(iv) the cost of the proposed project;
(v) any existing or planned contracts or partnerships between the applicant and other individuals or entities to develop and implement the proposed project;
(vi) any plan to use funding sources in addition to a grant under this section for the proposed project;
(vii) the sustainability of the proposed project; and
(viii) the methods the proposed project will use to:
(A) protect the privacy of each individual who receives mental health crisis services from the behavioral health receiving center;
(B) collect nonidentifying data relating to the proposed project; and
(C) provide transparency on the costs and operation of the proposed project; and
(e) provide other information requested by the division to ensure that the proposed project satisfies the criteria described in Subsection (7).
(6) A recipient of a grant under this section shall enroll as a Medicaid provider and meet minimum standards of care for behavioral health receiving centers established by the division.
(7) In evaluating an application for the grant, the division shall consider:
(a) the extent to which the proposed project will fulfill the purposes described in Subsection (4);
(b) the extent to which the population described in Subsection (5)(a) is likely to benefit from the proposed project;
(c) the cost of the proposed project;
(d) the extent to which any existing or planned contracts or partnerships between the applicant and other individuals or entities to develop and implement the project, or additional funding sources available to the applicant for the proposed project, are likely to benefit the proposed project; and
(e) the viability and innovation of the proposed project.
(8) Before June 30, 2023, the division shall report to the Health and Human Services Interim Committee regarding:
(a) data gathered in relation to each project described in Subsection (2);
(b) knowledge gained relating to the provision of mental health crisis services in a behavioral health receiving center;
(c) recommendations for the future use of mental health crisis services in behavioral health receiving centers;
(d) obstacles encountered in the provision of mental health crisis services in a behavioral health receiving center; and
(e) recommendations for appropriate Medicaid reimbursement for rural behavioral health receiving centers.
(9)
(a) In consultation with the commission, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award of a grant under this section.
(b)
(i) The rules created under Subsection (9)(a) shall:
(A) implement a funding structure for a behavioral health receiving center developed using a grant awarded under this section;
(B) include implementation standards and minimum program requirements for a behavioral health receiving center developed using a grant awarded under this section, including minimum guidelines and standards of care, and minimum staffing requirements; and
(C) require a behavioral health receiving center developed using a grant awarded under this section to operate 24 hours per day, seven days per week, and every day of the year.
(ii) The funding structure described in Subsection (9)(b)(i)(A) shall provide for tiers and phases of shared funding coverage between the state and counties.
(10) Before June 30, 2024, the division shall report to the Health and Human Services Interim Committee regarding:
(a) grants awarded under Subsection (3)(a); and
(b) the details of each project described in Subsection (3)(a).
(11) Before June 30, 2026, the division shall provide a report to the Health and Human Services Interim Committee that includes:
(a) data gathered in relation to each project described in Subsection (3)(a); and
(b) an update on the items described in Subsections (8)(b) through (d).
Amended by Chapter 270, 2023 General Session
Renumbered and Amended by Chapter 308, 2023 General Session