A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING THAT THE LEGISLATIVE FINANCE COMMITTEE BE ASSIGNED TO STUDY AND OVERSEE THE PRIVATIZATION OF MANAGED MENTAL HEALTH CARE.

WHEREAS, the recent experience with the contract for managed mental health services in Montana has brought to the public awareness that closer oversight is required by the Legislative Branch; and

WHEREAS, the lessons learned by the 56th Legislature should be used to monitor the transition from the existing system to the development of the new proposed managed care system; and

WHEREAS, a continuous dialogue between the Legislature, the Department of Public Health and Human Services, the consumers and providers of mental health services, and all other interested persons is vital to developing an understanding of the system's evolution for the next legislative session; and

WHEREAS, as representatives of the citizens of the State of Montana, it is vital for the Legislature to monitor the provision of mental health services in this state.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That the Legislative Finance Committee be assigned the duties of studying further development of and monitoring the transitions in the public mental health care system. The study may include but is not limited to the following items as prioritized by the Legislative Finance Committee:

(1) review of any contracts or contract amendments for public mental health services for the citizens of Montana;

(2) review of the plans for readiness testing for and implementation of any new contracts;

(3) provision of a forum for the public, providers of public mental health services, recipients of public mental health services and their families, community mental health centers, advocacy groups, and any interested persons to voice their opinions and concerns regarding the provision of public mental health services;

(4) review of the Department of Public Health and Human Services staffing levels, contract auditing and compliance capabilities and performance, and any imposition of sanctions;

(5) review of the access to claims data by and the quantity and quality of claims data of the Department of Public Health and Human Services;

(6) receipt and review of any consulting or evaluation studies performed on any part of the public mental health service program, including federal documents regarding compliance with federal requirements;

(7) request and review of any contractor's financial condition and status;

(8) review of any budget proposals that require a shifting of funds within the budget appropriated by the Legislature or any supplemental requests that are presented to the Legislature in order to determine impacts on policy goals and objectives;

(9) review of eligibility and entitlement provisions for public mental health services, including how the medically needy category is served and financed;

(10) review of Department of Public Health and Human Services proposals and contingency plans in the event that a new contract is not able to be entered into or if new contracts are impaired or terminated;

(11) review of outcome measures, performance standards, and quality assurance plans and contract enforcement of these measures, standards, and plans;

(12) review of effects of the provision or restriction of public mental health services to special populations and any intended or unintended consequences on other state or local agencies in relation to an impact on:

(a) physical health and medical costs incurred by public and private programs;

(b) outpatient and residential treatment services to youth who are abused or neglected and in need of care, youth in need of intervention, and delinquent youth; and

(c) other institutional populations under state jurisdiction that require public mental health services and that may require services at the Montana State Hospital or the Montana Mental Health Nursing Care Center; and

(13) review of the Department of Public Health and Human Services' determination of provider network adequacy, including the number, type, and geographic distribution of all providers rendering covered services.

BE IT FURTHER RESOLVED, that the Legislative Finance Committee and its staff work closely with the Legislative Audit Committee and other appropriate interim committees and their staffs to coordinate the administration of the appropriate functions and expertise to fulfill the goals of this resolution. The Legislative Finance Committee may appoint members of the Legislative Audit Committee and other interim committees as voting members of any subcommittee assigned to this task.

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I hereby certify that the within joint resolution,

HJ 0035, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE JOINT RESOLUTION NO. 35

INTRODUCED BY D. WYATT, R. CLARK, S. ANDERSON, P. CLARK, B. EGGERS, S. GALLUS, J. HURDLE, S. KITZENBERG, D. MCGEE, B. MOLNAR, M. NOENNIG, J. SHOCKLEY, L. SOFT, C. WILLIAMS, C. YOUNKIN

BY REQUEST OF THE HOUSE JUDICIARY STANDING COMMITTEE

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING THAT THE LEGISLATIVE FINANCE COMMITTEE BE ASSIGNED TO STUDY AND OVERSEE THE PRIVATIZATION OF MANAGED MENTAL HEALTH CARE.