17-43-301 - Local mental health authorities -- Responsibilities.
17-43-301. Local mental health authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of governmentunder Section 17-52-504, the county legislative body is the local mental health authority,provided however that any contract for plan services shall be administered by the countyexecutive.
(ii) In each county operating under a council-manager form of government under Section17-52-505, the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), thecounty legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this section,under the direction of the division, each local mental health authority shall provide mental healthservices to persons within the county.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, InterlocalCooperation Act, two or more counties may join to provide mental health prevention andtreatment services.
(b) The legislative bodies of counties joining to provide services may establishacceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as thetreasurer for the combined mental health authorities and as the custodian of money available forthe joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by thetreasurer, may make payments from the money available for the joint services upon audit of theappropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one ofthe participating counties as the designated auditing officer for the combined mental healthauthorities;
(iii) (A) provide for the appointment of the county or district attorney of one of theparticipating counties as the designated legal officer for the combined mental health authorities;and
(B) authorize the designated legal officer to request and receive the assistance of thecounty or district attorneys of the other participating counties in defending or prosecuting actionswithin their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement, personnel,and administrative policies as already established by one of the participating counties or asapproved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilitiesunder contract by one participating local mental health authority for other participating localmental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council betweenor among participating counties.
(3) (a) Each local mental health authority is accountable to the department, theDepartment of Health, and the state with regard to the use of state and federal funds receivedfrom those departments for mental health services, regardless of whether the services are
provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by itscontract provider, with all directives issued by the department and the Department of Healthregarding the use and expenditure of state and federal funds received from those departments forthe purpose of providing mental health programs and services. The department and Departmentof Health shall ensure that those directives are not duplicative or conflicting, and shall consultand coordinate with local mental health authorities with regard to programs and services.
(4) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needsand services for persons incarcerated in a county jail or other county correctional facility;
(ii) as provided in Subsection (4)(b), annually prepare and submit to the division a planapproved by the county legislative body for mental health funding and service delivery, eitherdirectly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under Title62A, Chapter 2, Licensure of Programs and Facilities;
(iv) appoint, directly or by contract, a full-time or part-time director for mental healthprograms and prescribe the director's duties;
(v) provide input and comment on new and revised rules established by the division;
(vi) establish and require contract providers to establish administrative, clinical,personnel, financial, procurement, and management policies regarding mental health services andfacilities, in accordance with the rules of the division, and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and servicesin accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and Mental HealthAct;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fundservices described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, InterlocalCooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title 51,Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and OtherLocal Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody oflocal mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(b) Each plan under Subsection (4)(a)(ii) shall include services for adults, youth, andchildren, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support services,and respite services;
(ix) consultation and education services, including case consultation, collaboration withother county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(5) Before disbursing any public funds, each local mental health authority shall requirethat each entity that receives any public funds from a local mental health authority agrees inwriting that:
(a) the entity's financial records and other records relevant to the entity's performance ofthe services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreementunder Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative body,the county executive;
(b) the county auditor may examine and audit the entity's financial and other recordsrelevant to the entity's performance of the services provided to the local mental health authority;and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local mental health authority may receive property, grants, gifts, supplies,materials, contributions, and any benefit derived therefrom, for mental health services. If thosegifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined inSection 17-43-303.
(b) Public funds received for the provision of services pursuant to the local mental healthplan may not be used for any other purpose except those authorized in the contract between thelocal mental health authority and the provider for the provision of plan services.
Amended by Chapter 75, 2009 General Session