DAR File No. 27118

Human Services, Mental Health

R523-1-16

Pediatric Bed Allocation at the Utah State Hospital

NOTICE OF PROPOSED RULE

DAR File No.: 27118
Filed: 04/27/2004, 11:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The current section of this rule does not establish, as required by statute, a formula to allocate Utah State Hospital pediatric beds to local mental health authorities.

Summary of the rule or change:

The proposed section establishes formula to allocate Utah State Hospital pediatric beds to local mental health authorities.

State statutory or constitutional authorization for this rule:

Subsection 62A-15-612(2)

None

Anticipated cost or savings to:

the state budget:

Beds at the State Hospital are funded in the state budget and number of beds allocated is based on that budget per Section 62A-15-612 so no new cost to the state budget is anticipated.

local governments:

Re-allocation of beds at the Utah State Hospital may result in the loss of a bed for some local authorities and additional beds for others. Those authorities that lose beds could incur additional costs for hospitalizations in local hospitals, those that gain beds could experience a saving by cutting the cost of using local hospital beds. Each hospital has a different bed day rate and the length of stay for each individual would vary, consequently an aggregate cost or saving cannot be calculated.

other persons:

State Statue allocates beds at the State Hospital to local authorities who may contract with private not for profit entities to provide mental health services for residents in their catchment area. The loss of a bed at the hospital may cause them to incur additional hospital costs by needing to use beds at local hospitals or they could experience a saving by gaining additional beds at the State Hospital thereby decreasing their reliance on local hospitals.

Compliance costs for affected persons:

Re-allocation of beds at the Utah State Hospital may result in the loss of a bed for some local authorities or the gain of a bed for others. Those authorities that lose a bed might incur additional costs for hospitalizations in local hospitals those who gain a bed could experience a saving. Each hospital has a different bed day rate and the length of stay for each individual would vary, consequently the cost or saving for each affected person cannot be calculated.

Comments by the department head on the fiscal impact the rule may have on businesses:

Local authorities in some areas of the State contract with private not for profit entities to provide mental health services for residents in their catchment area. The loss or gain of a bed at the Utah State Hospital may cause them to incur additional hospital costs at local hospitals or additional savings by not using local hospital beds.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Janina Chilton at the above address, by phone at 801-538-4072, by FAX at 801-538-3993, or by Internet E-mail at jchilton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2004

This rule may become effective on:

06/15/2004

Authorized by:

Robin Arnold-Williams, Executive Director

RULE TEXT

R523. Human Services, Mental Health.

R523-1. Policies and Procedures.

R523-1-16. [Pediatric Bed Allocation at the Utah State Hospital.]Allocation of Utah State Hospital Pediatric Beds to Local Mental Health Authorities.

[Legal Authority.

This rule establishes the following formula to separately allocate to local mental health authorities, such pediatric beds as have been allocated for persons who meet the requirements of subsection 62A-12-209(2)(b), and pursuant to Section 62A-12-209.6. In addition to terms defined in this rule, other terms used herein are as defined in Section 62A-12-209-101, and Section 62A-12-202.

A. Pediatric beds at the Utah State Hospital are allocated to local mental health authorities based on the 0-18 age population of the state. The allocation shall be reviewed and adjusted as necessary every three years according to the population of persons under 18 years of age, using the most recent population estimates from the Governor's Office of Planning and Budget. Each local mental health authority shall receive not less than one bed under this formula.

B. As of July 1, 1996 beds are allocated according to the formula in the following table:

TABLE

Bear River Mental Health                          5

Weber Mental Health                               6

Davis Mental Health                               8

Wasatch Mental Health                            12

Valley Mental Health                             31

Central Utah Mental Health                        2

Four Corners Mental Health                        1

Southwest Center                                  4

Uintah Basin Counseling                           1

San Juan Mental Health                            1

Statewide Emergency Bed                           1

C. Monthly, a written report shall be issued by the Division through its Continuity of Care Committee as established to operationalize R523-1-11. This report shall detail allocation and utilization by child, adolescent male and adolescent female under each local mental health authority catchment area and will be disseminated to each local mental health center liaison. Review of the report shall be an agenda item at each of the Division's Pediatric Continuity of Care Meetings.

D. The pediatric bed allocation formula and process shall be reviewed at least annually and a written report submitted to the State Board of Mental Health by the Division. Changes or realignments shall be considered at that time.

E. All local mental health authority programs shall follow State Board of Mental Health Policy (Rule R523-1-11) relating to referrals, admissions, and transfers by mental health centers to the Utah State Hospital and between mental health center catchment areas.

F. In the event a local mental health authority requires a bed for a child or adolescent beyond the number allocated, a designated representative from that center may contact another local mental health center to negotiate utilization of one of that center's allocated beds. These negotiations shall be conducted by the two centers. A report of the final agreement for bed exchange shall be made as part of the agenda at the Division's next Pediatric Continuity of Care meeting.

G. In making decisions about the placement of child or youth, centers shall give first priority to the best interests of the child/youth. Allocation and use of the beds shall be monitored monthly by the division's Pediatric Continuity of Care Committee and reported to the board upon request.]1. Pursuant to UCA 62A-15-612(2), the Board herein establishes, by rule, a formula to allocate to local mental health authorities pediatric beds for persons who meet the requirements of UCA 62A-15-610(2)(b).

2. The formula established provides for allocation based on the percentage of the state's population of persons under the age of 18 located within a mental health catchment area.

3. Each community mental health center shall be allocated at least one pediatric bed. (UCA 62A-15-612(3))

4. The board hereby establishes a formula to determined pediatric bed allocation:

a. The most recent available population estimates are obtained from the Governor's Office of Planning and Budget.

b. The total pediatric population figures for the State are identified. Pediatric means under the age of 18.

c. Pediatric population figures are identified for each county.

d. The total number of pediatric beds available is multiplied by the county's percentage of the state's total pediatric population. This will determine the number of allocated pediatric beds for each county.

e. Each catchment area's individual county numbers are added to determine the total number of pediatric beds allocated to a catchment area. This fractional number is rounded to the nearest whole bed.

5. In accordance with UCA 62A-15-612(6), the Board shall periodically review and make changes in the formula as necessary.

6. Applying the formula.

a. Adjustments of pediatric beds, as the formula is applied, shall become effective at the beginning of the new fiscal year.

b. The Division of Substance Abuse and Mental Health, as staff to the Board, is responsible to calculate pediatric bed allocation as directed by the Board or as required by statute.

c. Each local mental health authority will be notified of changes in pediatric bed allocation.

7. The number of allocated pediatric beds shall be reviewed and adjusted as necessary or at least every three years as required by statute.

8. A local mental health authority may sell or loan its allocation of adult beds to another local mental health authority.

KEY: bed allocations, due process, prohibited items and devices, fees

[September 8, 2003]2004

Notice of Continuation December 11, 2002

62A-12-102

62A-12-104

62A-12-209.6(2)

62A-12-283.1(3)(a)(i)

62A-12-283.1(3)(a)(ii)

62A-15-612(2)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Janina Chilton at the above address, by phone at 801-538-4072, by FAX at 801-538-3993, or by Internet E-mail at jchilton@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.