26B-5-413. Contracts with local mental health authorities -- Provisions.

385 words·~2 min read·/ut/title-26b/chapter-5/26b-5-413

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

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 Title 17, Chapter 77, Part 3 , Local Mental Health Authorities, 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 ;

(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.

Amended by Chapter 16 , 2025 Special Session 1