reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 412 - Responsibilities of the division.

Effective 5/3/2023
26B-5-412.
Responsibilities of the division.
(1) The division shall ensure that the requirements of this part are met and applied uniformly by local mental health authorities across the state.
(2) Because the division must, under Section 26B-5-102, contract with, review, approve, and oversee local mental health authority plans, and withhold funds from local mental health authorities and public and private providers for contract noncompliance or misuse of public funds, the division shall:
(a) require each local mental health authority to submit its plan to the division by May 1 of each year; and
(b) conduct an annual program audit and review of each local mental health authority in the state, and its contract provider.
(3) The annual audit and review described in Subsection (2)(b) shall, in addition to items determined by the division to be necessary and appropriate, include a review and determination regarding whether or not:
(a) public funds allocated to local mental health authorities are consistent with services rendered and outcomes reported by it or its contract provider; and
(b) each local mental health authority is exercising sufficient oversight and control over public funds allocated for mental health programs and services.
(4) The Legislature may refuse to appropriate funds to the division if the division fails to comply with the procedures and requirements of this section.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 413 - Contracts with local mental health authorities -- Provisions.

Effective 5/3/2023
26B-5-413.
Contracts with local mental health authorities -- Provisions.
When the division contracts with a local mental health authority to provide mental health programs and services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part 3, Local Mental Health Authorities, it shall ensure that those contracts include at least the following provisions:
(1) that an independent auditor shall conduct any audit of the local mental health authority or its contract provider's programs or services, pursuant to the provisions of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
(2) in addition to the requirements described in Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, the division:
(a) shall prescribe guidelines and procedures, in accordance with those formulated by the state auditor pursuant to Section 67-3-1, for auditing the compensation and expenses of officers, directors, and specified employees of the private contract provider, to assure the state that no personal benefit is gained from travel or other expenses; and
(b) may prescribe specific items to be addressed by that audit, depending upon the particular needs or concerns relating to the local mental health authority or contract provider at issue;
(3) the local mental health authority or its contract provider shall invite and include all funding partners in its auditor's pre- and exit conferences;
(4) each member of the local mental health authority shall annually certify that he has received and reviewed the independent audit and has participated in a formal interview with the provider's executive officers;
(5) requested information and outcome data will be provided to the division in the manner and within the timelines defined by the division;
(6) all audit reports by state or county persons or entities concerning the local mental health authority or its contract provider shall be provided to the executive director of the department, the local mental health authority, and members of the contract provider's governing board; and
(7) the local mental health authority or its contract provider will offer and provide mental health services to residents who are indigent and who meet state criteria for serious and persistent mental illness or severe emotional disturbance.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 501 - Definitions.

Effective 5/3/2023
26B-5-501.
Definitions.
In addition to the definitions in Section 26B-5-301, as used in this part:
(1) "Emergency, life saving treatment" means treatment that is:
(a) provided at a licensed health care facility or licensed human services program;
(b) provided by a licensed health care professional;
(c) necessary to save the life of the patient; and
(d) required due to the patient's:
(i) use of an illegal substance; or
(ii) excessive use or misuse of a prescribed medication.
(2) "Essential treatment examiner" means:
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or
(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder.
(3) "Relative" means an adult who is a spouse, parent, stepparent, grandparent, child, or sibling of an individual.
(4) "Serious harm" means the individual, due to substance use disorder, is at serious risk of:
(a) drug overdose;
(b) suicide;
(c) serious bodily self-injury;
(d) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter; or
(e) causing or attempting to cause serious bodily injury to another individual.
(5) "Substance use disorder" means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 502 - Statement of legislative intent.

Effective 5/3/2023
26B-5-502.
Statement of legislative intent.
To address the serious public health crisis of substance use disorder related deaths and life-threatening opioid addiction, and to allow and enable caring relatives to seek essential treatment and intervention, as may be necessary, on behalf of a sufferer of a substance use disorder, the Legislature enacts the Essential Treatment and Intervention Act.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 503 - Petition for essential treatment -- Contents -- Commitment to pay.

Effective 5/3/2023
26B-5-503.
Petition for essential treatment -- Contents -- Commitment to pay.
(1) A relative seeking essential treatment and intervention for a sufferer of a substance use disorder may file a petition with the court of the county in which the sufferer of the substance use disorder resides or is found.
(2) The petition shall include:
(a) the respondent's:
(i) legal name;
(ii) date of birth, if known;
(iii) social security number, if known; and
(iv) residence and current location, if known;
(b) the petitioner's relationship to the respondent;
(c) the name and residence of the respondent's legal guardian, if any and if known;
(d) a statement that the respondent:
(i) is suffering from a substance use disorder; and
(ii) if not treated for the substance use disorder presents a serious harm to self or others;
(e) the factual basis for the statement described in Subsection (2)(d); and
(f) at least one specified local substance abuse authority or approved treatment facility or program where the respondent may receive essential treatment.
(3) Any petition filed under this section:
(a) may be accompanied by proof of health insurance to provide for the respondent's essential treatment;
(b) shall be accompanied by a binding commitment to pay, signed by the petitioner or another individual, obligating the petitioner or other individual to pay all treatment costs beyond those covered by the respondent's health insurance policy for court-ordered essential treatment for the respondent; and
(c) may be accompanied by documentation of emergency, life saving treatment provided to the respondent.
(4) Nothing in this section alters the contractual relationship between a health insurer and an insured individual.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 504 - Criteria for essential treatment and intervention.

Effective 5/3/2023
26B-5-504.
Criteria for essential treatment and intervention.
A court shall order an individual to undergo essential treatment for a substance use disorder when the court determines by clear and convincing evidence that the individual:
(1) suffers from a substance use disorder;
(2) can reasonably benefit from the essential treatment;
(3) is unlikely to substantially benefit from a less-restrictive alternative treatment; and
(4) presents a serious harm to self or others.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 506 - Failure to comply with court order.

Effective 5/3/2023
26B-5-506.
Failure to comply with court order.
(1) The provisions of this section apply after a respondent has been afforded full due process rights, as provided in this Essential Treatment and Intervention Act, including notice, an opportunity to respond and appear at a hearing, and, as applicable, the court's finding that the evidence meets the clear and convincing standard, as described in Section 26B-5-504, for a court to order essential treatment and intervention.
(2) When a respondent fails to comply with a court order issued under Subsection 26B-5-505(2)(d) or (10), the court may:
(a) find the respondent in contempt under Subsection 78B-6-301(5); and
(b) issue a warrant of commitment under Section 78B-6-312.
(3) When a peace officer executes a warrant issued under this section, the officer shall take the respondent into protective custody and transport the respondent to the location specified by the court.
(4) Notwithstanding Subsection (3), if a peace officer determines through the peace officer's experience and training that taking the respondent into protective custody or transporting the respondent would increase the risk of substantial danger to the respondent or others, a peace officer may exercise discretion to not take the respondent into custody or transport the respondent, as permitted by policies and procedures established by the peace officer's law enforcement agency and any applicable federal or state statute, or case law.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 507 - Periodic review -- Discharge.

Effective 5/3/2023
26B-5-507.
Periodic review -- Discharge.
A local substance abuse authority or an approved treatment facility or program that provides essential treatment shall:
(1) at least every 90 days after the day on which a patient is admitted, unless a court orders otherwise, examine or cause to be examined a patient who has been ordered to receive essential treatment;
(2) notify the patient and the patient's personal representative or guardian, if any, of the substance and results of the examination;
(3) discharge an essential treatment patient if the examination determines that the conditions justifying essential treatment and intervention no longer exist; and
(4) after discharging an essential treatment patient, send a report describing the reasons for discharge to the clerk of the court where the proceeding for essential treatment was held and to the patient's personal representative or guardian, if any.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 508 - Seventy-two-hour emergency treatment pending a final court order.

Effective 5/3/2023
26B-5-508.
Seventy-two-hour emergency treatment pending a final court order.
(1) A court may order a respondent to be hospitalized for up to 72 hours if:
(a) an essential treatment examiner has examined the respondent and certified that the respondent meets the criteria described in Section 26B-5-504; and
(b) the court finds by clear and convincing evidence that the respondent presents an imminent threat of serious harm to self or others as a result of a substance use disorder.
(2) An individual who is admitted to a hospital under this section shall be released from the hospital within 72 hours after admittance, unless a treating physician or essential treatment examiner determines that the individual continues to pose an imminent threat of serious harm to self or others.
(3) If a treating physician or essential treatment examiner makes the determination described in Subsection (2), the individual may be detained for as long as the threat of serious harm remains imminent, but not more than 10 days after the day on which the individual was hospitalized, unless a court orders otherwise.
(4) A treating physician or an essential treatment examiner shall, as frequently as practicable, examine an individual hospitalized under this section and release the individual if it is determined that a threat of imminent serious harm no longer exists.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 509 - Emergency, life saving treatment -- Temporary personal representative.

Effective 5/3/2023
26B-5-509.
Emergency, life saving treatment -- Temporary personal representative.
(1) When an individual receives emergency, life saving treatment:
(a) a licensed health care professional, at the health care facility where the emergency, life saving treatment is provided, may ask the individual who, if anyone, may be contacted and informed regarding the individual's treatment;
(b) a treating physician may hold the individual in the health care facility for up to 48 hours, if the treating physician determines that the individual poses a serious harm to self or others; and
(c) a relative of the individual may petition a court to be designated as the individual's personal representative, described in 45 C.F.R. Sec. 164.502(g), for the limited purposes of the individual's medical and mental health care related to a substance use disorder.
(2) The petition described in Subsection (1)(c) shall include:
(a) the respondent's:
(i) legal name;
(ii) date of birth, if known;
(iii) social security number, if known; and
(iv) residence and current location, if known;
(b) the petitioner's relationship to the respondent;
(c) the name and residence of the respondent's legal guardian, if any and if known;
(d) a statement that the respondent:
(i) is suffering from a substance use disorder; and
(ii) has received, within the last 72 hours, emergency, life saving treatment;
(e) the factual basis for the statement described in Subsection (2)(d); and
(f) the name of any other individual, if any, who may be designated as the respondent's personal representative.
(3) A court shall grant a petition for designation as a personal representative, ex parte, if it appears from the petition for designation as a court-designated personal representative that:
(a) the respondent is suffering from a substance use disorder;
(b) the respondent received emergency, life saving treatment within 10 days before the day on which the petition for designation as a personal representative is filed;
(c) the petitioner is a relative of the respondent; and
(d) no other individual is otherwise designated as the respondent's personal representative.
(4) When a court grants, ex parte, a petition for designation as a personal representative, the court:
(a) shall provide notice to the respondent;
(b) shall order the petitioner to be the respondent's personal representative for 10 days after the day on which the court designates the petitioner as the respondent's personal representative; and
(c) may extend the duration of the order:
(i) for good cause shown, after the respondent has been notified and given a proper and sufficient opportunity to respond; or
(ii) if the respondent consents to an extension.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 510 - Confidentiality.

Effective 5/3/2023
26B-5-510.
Confidentiality.
(1) The purpose of this part is to provide a process for essential treatment and intervention to save lives, preserve families, and reduce substance use disorder, including opioid addiction.
(2) An essential treatment petition and any other document filed in connection with the petition for essential treatment is confidential and protected.
(3) A hearing on an essential treatment petition is closed to the public, and only the following individuals and their legal counsel may be admitted to the hearing:
(a) parties to the petition;
(b) the essential treatment examiners who completed the court-ordered examination under Subsection 26B-5-505(3);
(c) individuals who have been asked to give testimony; and
(d) individuals to whom notice of the hearing is required to be given under Subsection 26B-5-505(2)(c).
(4) Testimony, medical evaluations, the petition, and other documents directly related to the adjudication of the petition and presented to the court in the interest of the respondent may not be construed or applied as an admission of guilt to a criminal offense.
(5) A court may, if applicable, enforce a previously existing warrant for a respondent or a warrant for a charge that is unrelated to the essential treatment petition filed under this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 5 - Essential Treatment and Intervention › Section 511 - Essential treatment for substance use disorder -- Rights of patient.

Effective 5/3/2023
26B-5-511.
Essential treatment for substance use disorder -- Rights of patient.
All applicable rights guaranteed to a patient by Sections 26B-5-310 and 26B-5-311 shall be guaranteed to an individual who is ordered to undergo essential treatment for a substance use disorder.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 601 - Definitions.

Effective 7/1/2023
26B-5-601.
Definitions.
As used in this part:
(1) "211" means the abbreviated dialing code assigned by the Federal Communications Commission for consumer access to community information and referral services.
(2) "ACT team personnel" means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team.
(3) "Approved 211 service provider" means a public or nonprofit agency or organization designated by the department to provide 211 services.
(4)
(a) "Assertive community treatment" means mental health services and on-site intervention that a person renders to an individual with a mental illness.
(b) "Assertive community treatment" includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources.
(5) "Assertive community treatment team" or "ACT team" means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources.
(6) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(7) "Mental illness" means the same as that term is defined in Section 26B-5-301.
(8) "Psychiatrist" means an individual who:
(a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(b) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists.
(9)
(a) "Utah 211" means an information and referral system that:
(i) maintains a database of:
(A) providers of health and human services; and
(B) volunteer opportunities and coordinators throughout the state;
(ii) assists individuals, families, and communities at no cost in identifying, understanding, and accessing the providers of health and human services; and
(iii) works collaboratively with state agencies, local governments, community-based organizations, not-for-profit organizations, organizations active in disaster relief, and faith-based organizations.
(b) "Utah 211" does not mean service provided by 911 and first responders.
Renumbered and Amended by Chapter 308, 2023 General Session
Amended by Chapter 308, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 602 - Designated approved 211 service provider -- Department responsibilities.

Effective 5/3/2023
26B-5-602.
Designated approved 211 service provider -- Department responsibilities.
(1) The department shall designate an approved 211 service provider to provide information to Utah citizens about health and human services available in the citizen's community.
(2) Only a service provider approved by the department may provide 211 telephone services in this state.
(3) The department shall approve a 211 service provider after considering the following:
(a) the ability of the proposed 211 service provider to meet the national 211 standards recommended by the Alliance of Information and Referral Systems;
(b) the financial stability of the proposed 211 service provider;
(c) the community support for the proposed 211 service provider;
(d) the relationship between the proposed 211 service provider and other information and referral services; and
(e) other criteria as the department considers appropriate.
(4) The department shall coordinate with the approved 211 service provider and other state and local agencies to ensure the joint development and maintenance of a statewide information database for use by the approved 211 service provider.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 603 - Utah 211 created -- Responsibilities.

Effective 5/3/2023
26B-5-603.
Utah 211 created -- Responsibilities.
(1) The designated 211 service provider described in Section 26B-5-601 shall be known as Utah 211.
(2) Utah 211 shall, as appropriations allow:
(a) by 2014:
(i) provide the services described in this Subsection (2) 24 hours a day, seven days a week;
(ii) abide by the key standards for 211 programs, as specified in the Standards for Professional Information and Referral Requirements for Alliance of Information Systems Accreditation and Operating 211 systems; and
(iii) be a point of entry for disaster-related information and referral;
(b) track types of calls received and referrals made;
(c) develop, coordinate, and implement a statewide information and referral system that integrates existing community-based structures with state and local agencies;
(d) provide information relating to:
(i) health and human services; and
(ii) volunteer opportunities;
(e) create an online, searchable database to provide information to the public about the health and human services provided by public or private entities throughout the state, and ensure that:
(i) the material on the searchable database is indexed:
(A) geographically to inform an individual about the health and human services provided in the area where the individual lives; and
(B) by type of service provided; and
(ii) the searchable database contains links to the Internet sites of any local provider of health and human services, if possible, and include:
(A) the name, address, and phone number of organizations providing health and human services in a county; and
(B) a description of the type of services provided;
(f) be responsible, in collaboration with state agencies, for raising community awareness about available health and human services; and
(g) host meetings on a quarterly basis until calendar year 2014, and on a biannual basis beginning in 2014, to seek input and guidance from state agencies, local governments, community-based organizations, not-for-profit organizations, and faith-based organizations.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 604 - Other state agencies and local governments.

Effective 5/3/2023
26B-5-604.
Other state agencies and local governments.
(1) A state agency or local government institution that provides health and human services, or a public or private entity receiving state-appropriated funds to provide health and human services, shall provide Utah 211 with information, in a form determined by Utah 211, about the services the agency or entity provides for inclusion in the statewide information and referral system.
(2) A state agency or local government institution that provides health and human services may not establish a new public telephone line or hotline, other than an emergency first responder hotline, to provide information or referrals unless the agency or institution first:
(a) consults with Utah 211 about using the existing 211 to provide access to the information or referrals; and
(b) assesses whether a new line or the existing 211 program would be more cost effective.
(3) Nothing in this section prohibits a state agency or local government institution from starting a public telephone line or hotline in an emergency situation.
(4) State agencies, local governments, community-based organizations, not-for-profit organizations, faith-based organizations, and businesses that engage in providing human services may contract with Utah 211 to provide specialized projects, including:
(a) public health campaigns;
(b) seasonal community services; and
(c) expanded point of entry services.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 605 - Immunity from liability.

Effective 5/3/2023
26B-5-605.
Immunity from liability.
(1) Except as provided in Subsection (2), Utah 211, its employees, directors, officers, and information specialists are not liable to any person in a civil action for injury or loss as a result of an act or omission of Utah 211, its employees, directors, officers, or information specialists, in connection with:
(a) developing, adopting, implementing, maintaining, or operating the Utah 211 system;
(b) making Utah 211 available for use by the public; or
(c) providing 211 services.
(2) Utah 211, its employees, directors, officers, and information specialists shall be liable to any person in a civil action for an injury or loss resulting from willful or wanton misconduct.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 606 - Division duties -- ACT team license creation.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-5-606.
Division duties -- ACT team license creation.
(1) To promote the availability of assertive community treatment, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that create a certificate for ACT team personnel and ACT teams, that includes:
(a) the standards the division establishes under Subsection (2); and
(b) guidelines for:
(i) required training and experience of ACT team personnel; and
(ii) the coordination of assertive community treatment and other community resources.
(2)
(a) The division shall:
(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish standards that an applicant is required to meet to qualify for the certifications described in Subsection (1); and
(ii) create a long-term, statewide ACT team plan that:
(A) identifies current and future statewide assertive community treatment needs, objectives, and priorities;
(B) identifies barriers to establishing an ACT team in areas where an ACT team does not currently exist;
(C) identifies the equipment, facilities, personnel training, and other resources necessary to provide assertive community treatment in areas where an ACT team does not currently exist; and
(D) identifies the gaps in housing needs for individuals served by ACT teams and how to ensure individuals served by ACT teams can secure and maintain housing.
(b) The division may delegate the ACT team plan requirement described in Subsection (2)(a)(ii) to a contractor with whom the division contracts to provide assertive community outreach treatment.
(c) The division shall report to the Health and Human Services Interim Committee before June 30, 2024, regarding:
(i) the long-term, statewide ACT team plan described in Subsection (2)(a)(ii);
(ii) the number of individuals in each local area who meet the criteria for serious mental illness and could benefit from ACT team services;
(iii) knowledge gained relating to the provision of care through ACT teams;
(iv) recommendations for further development of ACT teams; and
(v) obstacles that exist for further development of ACT teams throughout the state.
Amended by Chapter 282, 2023 General Session
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 607 - Grants for development of an ACT team.

Effective 5/3/2023
26B-5-607.
Grants for development of an ACT team.
(1) The division shall award grants for the development of one or more ACT teams to provide assertive community treatment to individuals in the state.
(2) The division shall prioritize the award of a grant described in Subsection (1) to entities, based on:
(a) the number of individuals the proposed ACT team will serve;
(b) the ability of the entity to provide housing to individuals served under the program;
(c) the ability of the entity to provide evidence of probable future program sustainability; and
(d) the percentage of matching funds the entity will provide to develop the proposed ACT team.
(3)
(a) An entity does not need to have resources already in place to be awarded a grant described in Subsection (1).
(b) An entity may submit an application for and be awarded more than one grant pursuant to the prioritization described in Subsection (2).
(c) An ACT team developed using a grant awarded under this section shall:
(i) coordinate with local homeless councils and criminal justice coordinating councils to align the ACT team’s services with existing services and strategic plans; and
(ii) work with an individual served under the program to secure and maintain housing and provide wraparound services, including:
(A) clinical support;
(B) case management;
(C) peer support;
(D) employment support; and
(E) other services identified in the long-term, statewide ACT team plan described in Section 26B-5-606.
(4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award of the grants described in Subsection (1).
(5) Before June 30, 2024, and before June 30 of each subsequent fiscal year in which a grant is awarded under Subsection (1), the division shall report to the Health and Human Services Interim Committee regarding:
(a) data gathered in relation to each awarded grant;
(b) knowledge gained relating to the provision of medical and mental health services by ACT teams;
(c) recommendations for the future use of ACT teams to provide medical and mental health services;
(d) Medicaid reimbursement for services provided by ACT teams; and
(e) aggregated data about the patients who have received services from an ACT team, including:
(i) the number of ACT team patients who have a severe mental illness;
(ii) the number of ACT team patients who have a co-occurring substance use disorder;
(iii) the number of ACT team patients who are experiencing homelessness or facing housing insecurity; and
(iv) the number of ACT team patients who, after the most recent report was made, have experienced:
(A) an acute psychiatric hospitalization;
(B) an arrest, incarceration, probation, or parole; or
(C) a transition from homelessness or housing insecurity to supported housing or housing.
Amended by Chapter 282, 2023 General Session
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 6 - Mental Health Intervention and Treatment Programs › Section 608 - Housing assistance program for individuals discharged from the Utah State Hospital and receiving assertive community treatment.

Effective 5/3/2023
26B-5-608.
Housing assistance program for individuals discharged from the Utah State Hospital and receiving assertive community treatment.
(1)
(a) The division shall, within funds appropriated by the Legislature for this purpose, implement and manage the operation of a housing assistance program in consultation with the Utah State Hospital, established in Section 26B-5-302, and one or more housing authorities, associations of governments, or nonprofit entities.
(b) The housing assistance program shall provide the housing assistance described in Subsection (1)(c) to individuals:
(i) who are discharged from the Utah State Hospital; and
(ii) who the division determines would benefit from assertive community treatment.
(c) The housing assistance provided under the housing assistance program may include:
(i) subsidizing rent payments for housing;
(ii) subsidizing the provision of temporary or transitional housing; or
(iii) providing money for one-time housing barrier assistance, including rental housing application fees, utility hookup fees, or rental housing security deposits.
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures for the operation of the housing assistance program described in Subsection (1).
(3) The division shall report to the Health and Human Services Interim Committee each year before November 30 regarding:
(a) the entities the division consulted with under Subsection (1)(a);
(b) the number of individuals who are benefitting from the housing assistance program described in Subsection (1);
(c) the type of housing assistance provided under the housing assistance program described in Subsection (1);
(d) the average monthly dollar amount provided to individuals under the housing assistance program described in Subsection (1); and
(e) recommendations regarding improvements or changes to the housing assistance program described in Subsection (1).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 101 - Chapter definitions.

Effective 5/3/2023
26B-6-101.
Chapter definitions.
As used in this chapter:
(1) "Adult" or "high risk adult" means a person 18 years old or older who experiences a condition:
(a) that places the person at a high risk of being unable to care for themselves:
(i) as determined by assessment; and
(ii) due to the onset of a physical or cognitive impairment or frailty; and
(b) for which the person is not eligible to receive services under:
(i)Part 4, Division of Services for People with Disabilities; or
(ii)Chapter 5, Health Care - Substance Use and Mental Health.
(2) "Aging" and "aged" means a person 60 years old or older.
(3) "Area agency" means an area agency that provides services to the aged, high risk adults, or both within a planning and service area.
(4) "Area agency on aging" means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and
(b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a).
(5) "Area agency on high risk adults" means a public or private nonprofit agency or office designated by the division to:
(a) operate within a planning and service area of the state; and
(b) develop and implement services for high risk adults in the area described in Subsection (5)(a).
(6) "Board" means the Board of Aging and Adult Services created in Section 26B-1-426.
(7) "Director" means the director of the division.
(8) "Division" means the Division of Aging and Adult Services within the department.
(9) "Personal care attendant" means a person who:
(a) is selected by:
(i) an aged person;
(ii) an agent of an aged person;
(iii) a high risk adult; or
(iv) an agent of a high risk adult; and
(b) provides personal services to the:
(i) aged person described in Subsection (9)(a)(i); or
(ii) high risk adult described in Subsection (9)(a)(iii).
(10) "Personal services" means nonmedical care and support, including assisting a person with:
(a) meal preparation;
(b) eating;
(c) bathing;
(d) dressing;
(e) personal hygiene; or
(f) daily living activities.
(11) "Planning and service area" means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults.
(12)
(a) "Public funds" means state or federal funds that are disbursed by:
(i) the department;
(ii) the division;
(iii) an area agency; or
(iv) an area agency on aging.
(b) "Public funds" includes:
(i) Medicaid funds; and
(ii) Medicaid waiver funds.
Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 102 - Division created.

Effective 5/3/2023
26B-6-102.
Division created.
There is created a Division of Aging and Adult Services within the department, under the administration and general supervision of the executive director.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 103 - Director of division -- Appointment -- Qualifications.

Effective 5/3/2023
26B-6-103.
Director of division -- Appointment -- Qualifications.
(1) The director of the division shall be appointed by the executive director with the concurrence of the board.
(2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in matters concerning the aging and adult populations.
(3) The director is the administrative head of the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 106 - Contracts for services.

Effective 5/3/2023
26B-6-106.
Contracts for services.
When an area agency has established a plan to provide services authorized by this chapter, and those services meet standards fixed by rules of the board, the area agency may enter into a contract with the division for services to be furnished by that area agency for an agreed compensation to be paid by the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 107 - Disbursal of public funds -- Background check of a personal care attendant.

Effective 5/3/2023
26B-6-107.
Disbursal of public funds -- Background check of a personal care attendant.
(1) As used in this section, "office" means Office of Licensing within the department.
(2) Public funds may not be disbursed to a personal care attendant as payment for personal services rendered to an aged person or high risk adult unless the office approves the personal care attendant to have direct access and provide services to children or vulnerable adults pursuant to Section 26B-2-120.
(3) For purposes of Subsection (2), the office shall conduct a background check of a personal care attendant:
(a) who desires to receive public funds as payment for the personal services described in Subsection (2); and
(b) using the same procedures established for a background check of an applicant for a license under Section 26B-2-120.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 108 - Matching requirements for state and federal Older American funds.

Effective 5/3/2023
26B-6-108.
Matching requirements for state and federal Older American funds.
(1) Except as provided in Subsection (2), a local area agency on aging that receives state or federal Older Americans Act Supportive Services, Older Americans Act Congregate Meals, or Older Americans Act Home Delivered Meals related funds from the division to provide programs and services under this chapter shall match those funds in an amount at least equal to:
(a) 15% of service dollars; and
(b) 25% of administrative dollars.
(2) A local area agency on aging is not required to match cash-in-lieu funds related to the Home Delivered Meals program or congregate meals.
(3) A local area agency on aging may include services, property, or other in-kind contributions to meet the administrative dollars match but may only use cash to meet the service dollars match.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 109 - Eligibility criteria.

Effective 5/3/2023
26B-6-109.
Eligibility criteria.
Eligibility for services provided by the division directly or through contractual arrangements shall be determined by criteria established by the division and approved by the board.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 110 - Agency responsible to investigate and provide services.

Effective 5/3/2023
26B-6-110.
Agency responsible to investigate and provide services.
(1) As used in this section, "responsible agency" means the agency responsible to investigate or provide services in a particular case under the rules established under Subsection (2)(a).
(2) In order to avoid duplication in responding to a report of alleged abuse, neglect, or exploitation of a vulnerable adult who resides in a long-term care facility, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish procedures to:
(a) determine whether Adult Protective Services or the Long-Term Care Ombudsman Program will be responsible to investigate or provide services in a particular case; and
(b) determine whether, and under what circumstances, the agency described in Subsection (2)(a) that is not the responsible agency will provide assistance to the responsible agency in a particular case.
(3) Notwithstanding Subsection (2), or the rules made pursuant to Subsection (2), Adult Protective Services shall be the agency within the division that is responsible for receiving all reports of alleged abuse, neglect, or exploitation of a vulnerable adult as provided in Section 26B-6-205.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 111 - Requirements for establishing division policy.

Effective 5/3/2023
26B-6-111.
Requirements for establishing division policy.
(1) The board is the program policymaking body for the division and for programs funded with state and federal money under Sections 26B-6-105 and 26B-6-106. In establishing policy and reviewing existing policy, the board shall seek input from local area agencies, consumers, providers, advocates, division staff, and other interested parties as determined by the board.
(2) The board shall establish, by rule, procedures for developing its policies which ensure that local area agencies are given opportunity to comment and provide input on any new policy of the board and on any proposed changes in the board's existing policy. The board shall also provide a mechanism for review of its existing policy and for consideration of policy changes that are proposed by those local area agencies.
(3) A member may not receive compensation or benefits for the member's service, but, at the executive director's discretion, may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 308, 2023 General Session