2017 Montana Legislature
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HOUSE BILL NO. 446
INTRODUCED BY J. BACHMEIER
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING REQUIREMENTS FOR COMPREHENSIVE SCHOOL AND COMMUNITY TREATMENT PROGRAM SERVICES FOR YOUTH WITH MENTAL HEALTH CONDITIONS; ALLOWING LICENSED MENTAL HEALTH PROFESSIONALS AND FACILITIES TO CONTRACT WITH SCHOOLS FOR SERVICES; ESTABLISHING PROGRAM AND PROVIDER CRITERIA; PROVIDING DEFINITIONS; PROVIDING RULEMAKING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. As used in [sections 1 through 5], the following definitions apply:
(1) "Comprehensive school and community treatment program" or "program" means a comprehensive planned course of community mental health outpatient treatment provided in cooperation and under a written contract with a school district.
(2) "Individualized education program" means a written plan developed and implemented for a student with a disability in accordance with 34 CFR 300.320 through 300.325.
(3) "Licensed mental health professional" means:
(a) a physician, clinical psychologist, social worker, or professional counselor licensed under Title 37 to practice in Montana;
(b) an occupational therapist who is licensed under Title 37 to practice in Montana and:
(i) has had at least 3 years' experience working primarily with individuals with serious mental illness; and
(ii) is working in a youth or adult day treatment program;
(c) a registered nurse who is licensed under Title 37 to practice in Montana and has had at least 3 years' experience working primarily with individuals with serious mental illness;
(d) a school counselor who is licensed by the office of public instruction to practice in Montana; and
(e) a school psychologist who is licensed by the office of public instruction to practice in Montana.
(4) "Provider" means any of the following entities that have entered into a provider agreement with the department to provide mental health services to youth with serious emotional disturbance who are enrolled in the medical assistance program provided for in Title 53, chapter 6, part 1, and have received a comprehensive school and community treatment program endorsement from the department:
(a) a licensed mental health professional, licensed mental health center, or other licensed health care entity; or
(b) a public school, special education cooperative, multidistrict agreement cooperative, or interlocal agreement cooperative that retains qualified staff either through employment or an independent contractor agreement.
(5) "Serious emotional disturbance" means, with respect to a youth, that a youth meets the criteria established by the department by rule for the condition.
(6) "Youth" means a person 17 years of age and younger or a person who is up to 20 years of age and is enrolled in an accredited secondary school.
NEW SECTION. Section 2. Comprehensive school and community treatment program. (1) The department may contract with a provider to offer a comprehensive school and community treatment program in a school setting to improve mental health services and supports for youth.
(2) The provider must have a written contract with a school district that meets the requirements of [sections 1 through 5] and related administrative rules.
(3) The school and provider must specify a referral and enrollment process that:
(a) includes the program's licensed or in-training mental health professional and a school administrator or designee;
(b) ensures youth have access to services prioritized according to acuity and need as specified by the department by rule; and
(c) considers the current caseload of the program in terms of a waiting list and near-term discharges.
(4) The contract must include recordkeeping, management, and billing procedures and must state which party is responsible for each requirement.
(5) A school's program must be coordinated with the special education program of a youth if the youth is identified as a child with a disability and is receiving special education services under the Individuals with Disabilities Education Act.
NEW SECTION. Section 3. Comprehensive school and community treatment program -- eligibility -- services. (1) Comprehensive school and community treatment program services may be provided to:
(a) youth ages 3 to 5 who are:
(i) receiving special education services from a public school in accordance with an individualized education program under the Individuals with Disabilities Education Act; or
(ii) attending a preschool program offered through a public school; and
(b) youth ages 6 to 20 who are enrolled in a public school.
(2) A program offered under [sections 1 through 5] must be able to provide the following services when clinically indicated:
(a) individual and group therapy;
(b) behavioral intervention;
(c) other evidence- and research-based practices effective in the treatment of youth with serious emotional disturbance;
(d) direct crisis intervention services during the time the youth is present in a school-owned or -operated facility;
(e) a crisis plan that identifies a range of potential crisis situations and corresponding responses including a plan for arranging for face-to-face encounters and telephonic response 24 hours a day, as appropriate;
(f) coordination of the treatment plan with substance use disorder and mental health treatment services a youth obtains outside of the program;
(g) access to emergency services; and
(h) referral and aftercare coordination with inpatient or other out-of-home placement programs.
(3) The program must make continuous treatment available for the full year, with a minimum of 16 hours of program services available per month in summer months.
NEW SECTION. Section 4. Comprehensive school and community treatment program -- provider and school requirements. (1) A provider may contract with the department if the provider has a comprehensive school and community treatment program endorsement issued by the department. The department shall provide the endorsement to providers meeting the requirements of [sections 1 through 5] and related administrative rules.
(2) Staff participating in a comprehensive school and community treatment program shall meet the training requirements established by the department by rule.
(3) A comprehensive school and community treatment program team must include a full-time equivalent mental health professional and a full-time equivalent behavioral health aide.
(4) The mental health professional may be a licensed professional or an in-training professional. An in-training professional must be:
(a) supervised by a licensed mental health professional; and
(b) licensed by the last day of the calendar year following the state fiscal year in which supervised hours were completed.
(5) A behavioral health aide must meet education and training requirements established by the department by rule.
(6) Program services for youth with serious emotional disturbance must be provided according to an individualized treatment program designed by a licensed or in-training mental health professional who is a staff member of a program team. In addition to the mental health professional, the team must include:
(a) a school administrator or designee;
(b) a parent or legal guardian of the youth;
(c) the youth, when appropriate; and
(d) other individuals who are providing services or who have knowledge or special expertise regarding the youth, if requested by a parent, guardian, or agency.
NEW SECTION. Section 5. Comprehensive school and community treatment program -- rulemaking authority. The department shall adopt rules to carry out the comprehensive school and community treatment program, including but not limited to rules for:
(1) the roles of the provider and school in referral, enrollment, and discharge procedures and in the provision of services;
(2) procedures for obtaining an endorsement to offer services pursuant to [sections 1 through 5];
(3) program staffing levels;
(4) training requirements for program staff;
(5) billing procedures, including allowable services and maximum billing units;
(6) the level of program services available to youth with serious emotional disturbance and to youth who do not meet the serious emotional disturbance criteria;
(7) recordkeeping requirements for providers and schools; and
(8) other rules as needed to carry out the provisions of [sections 1 through 5].
NEW SECTION. Section 6. Codification instruction. [Sections 1 through 5] are intended to be codified as an integral part of Title 53, chapter 21, part 5, and the provisions of Title 53, chapter 21, part 5, apply to [sections 1 through 5].
NEW SECTION. Section 7. Effective date. [This act] is effective July 1, 2017.
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Latest Version of HB 446 (HB0446.01)
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