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.

Terms Used In Utah Code 26B-5-412

  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101
  • Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Public funds: include federal and state money that has been transferred by a local substance abuse authority or a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority. See Utah Code 26B-5-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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