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 3, 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;

Terms Used In Utah Code 26B-5-413

  • 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
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Local mental health authority: means a county legislative body. 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)  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