53-21-1006. Service area authorities -- leadership committees -- boards -- plans. (1) In the development of a service area authority, public meetings must be held in communities throughout a service area as defined by the department by rule. The purpose of the meetings is to assist the department to establish a stakeholder leadership committee. The meetings must be designed to solicit input from consumers of services for persons with mental illness, advocates, family members of persons with mental illness, mental health professionals, county commissioners, and other interested community members.
     (2) The leadership committee within each service area must include but is not limited to a significant portion of consumers of services for persons with mental illness, family members of persons with mental illness, and a mental health services provider. The department shall provide assistance for the development of a leadership committee. The department shall approve a leadership committee within each service area.
     (3) The leadership committee within each service area shall establish a service area authority board and create bylaws that describe the board's functions and method of appointment. The bylaws must be submitted to the department for review.
     (4) The service area authority board must be established under Title 35, chapter 2. Upon incorporation, the board may enter into contracts with the department to carry out the comprehensive plan for mental health for that service area. Nonprofit corporations incorporated for the purposes of this part may not be considered agencies of the department or the state of Montana.
     (5) A service area authority board:
     (a) shall define the operation and management of the service area mental health system, including:
     (i) provider contracting;
     (ii) quality and outcome management;
     (iii) service planning;
     (iv) utilization management and review;
     (v) preadmission screening and discharge planning;
     (vi) consumer advocacy and family education and rights protection;
     (vii) infrastructure;
     (viii) information system requirements; and
     (ix) procurement processes;
     (b) shall submit a biennial review and evaluation of mental health service needs and services within the service area;
     (c) shall keep all records of the board and make reports required by the department;
     (d) shall prepare and submit a plan and budget proposal to support mental health services for children and adults within the service area, including proposals within existing allocations and specifically outlining any new funding proposals, to the department and to each county in the service area;
     (e) may receive and shall administer funding available for the provision of mental health services, including grants from the United States government and other agencies, receipts for established fees rendered, taxes, gifts, donations, and other types of support or income. All funds received by the board must be used to carry out the purposes of this part.
     (f) shall reimburse board members for actual and necessary expenses incurred in attending meetings and in the discharge of board duties as assigned by the board; and
     (g) shall either include a county commissioner or work closely with county commissioners in the service area.
     (6) The department shall review the plan and budget proposal provided for in subsection (5)(d) and assess the readiness of the service area authority to assume each duty provided in subsection (5)(a). The department shall certify that the service area authority is capable of assuming the duty before contracting with the service area authority for that duty and may provide for a gradual assumption of the duties by a service area authority within the department's 4-year transition plan, subject to approval of the federal waivers as provided for in section 15, Chapter 602, Laws of 2003.
     (7) A service area authority may not directly provide mental health services.

     History: En. Sec. 4, Ch. 602, L. 2003.