53-21-204. Mental health corporations. (1) Mental health regions must be established in the state mental health plan and must conform to the mental health regions as established in the state mental health construction plan promulgated by the department under the federal Community Mental Health Centers Act.
(2) The mental health regions must be established under Title 35, chapter 2. Upon incorporation, a mental health region may enter into contracts with the department in order to carry out the department's comprehensive plan for mental health. These nonprofit corporations may not be considered agencies of the department or the state of Montana.
(3) Upon the establishment of the mental health regions, the county commissioners in each of the counties in the region designated as participating counties pursuant to subsection (8) shall appoint a person from their respective county to serve as a representative of the county on the regional mental health corporation board. In addition, unless the groups in subsections (3)(a) and (3)(b) are already represented, the board consists of three members-at-large who must be chosen according to the corporate bylaws, as follows:
(a) Two members must be chosen, one from each of the following groups:
(i) persons with severe and disabling mental illnesses; and
(ii) family members of persons with severe and disabling mental illnesses.
(b) One person must be chosen from among the following four groups:
(i) parents of children with emotional disturbances;
(ii) advocates of mental health services for the elderly;
(iii) health care professionals; or
(iv) organizations that provide community support services, such as food, housing, and clothing, to persons with severe and disabling mental illnesses.
(4) This section does not prohibit a regional mental health corporation from voluntarily expanding its board membership to include members-at-large, appointed by the board, from any of the groups described in subsections (3)(a) and (3)(b).
(5) The board must be established under guidelines adopted by the bylaws of the corporation. All appointments to the board must be for terms of 2 years, and the department must be notified in writing of all appointments.
(6) The duties of an organized regional mental health corporation board include:
(a) annual review and evaluation of mental health needs and services within the region;
(b) preparation and submission to the department and to each of the counties in the region of plans and budget proposals to provide and support mental health services within the region;
(c) establishment of a recommended proportionate level of financial participation of each of the counties within the region in the provision of mental health services within the limits of this section;
(d) receipt and administration of money and other support made available for the purposes of providing mental health services by the participating agencies, including grants from the United States government and other agencies, receipts for established fees for services rendered, taxes, gifts, donations, and any other type of support or income. All funds received by the board in accordance with this part must be used to carry out the purposes of this part.
(e) supervision of appropriate administrative staff personnel of the operation of community mental health services within the region;
(f) keeping all records of the board and making reports required by the department.
(7) Regional mental health board members must be reimbursed from funds of the board for actual and necessary expenses incurred in attending meetings and in the discharge of board duties when assigned by the board.
(8) Prior to June 10 of each year, the board of mental health shall submit to the board of county commissioners of each of the counties within the constituted mental health region an annual budget, specifying each county's recommended proportionate share. If the board of county commissioners includes in the county budget the county's proportionate share of the regional board's budget, it must be designated as a participating county. Funds for each participating county's proportionate share for the operation of mental health services within the region must be derived from the county's general fund. Subject to 15-10-420, if the general fund is insufficient to meet the approved budget, a levy may be made on the taxable valuation of the county in addition to all other taxes allowed by law to be levied on that property.
(9) The regional board of mental health, with the approval of the department, shall establish a schedule of fees for mental health services. The fees may be received by the board and used to implement the budget in accordance with subsection (6)(d).
History: En. 20-2804 by Sec. 4, Ch. 509, L. 1975; R.C.M. 1947, 80-2804; amd. Sec. 1, Ch. 29, L. 1987; amd. Sec. 1, Ch. 806, L. 1991; amd. Sec. 1, Ch. 37, L. 1993; amd. Sec. 169, Ch. 418, L. 1995; amd. Sec. 494, Ch. 546, L. 1995; amd. Sec. 43, Ch. 58, L. 1999; amd. Sec. 160, Ch. 574, L. 2001.
