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F I S C A L I M P A C T R E P O R T

SPONSOR Papen

ORIGINAL DATE

LAST UPDATED

2/15/07

HB

SHORT TITLE Public Health Act Definitions

SB 585

ANALYST Lucero

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

None

None

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Children, Youth and Families Department (CYFD)

Human Services Department (DOH)

SUMMARY

Synopsis of Bill

Senate Bill 585 (SB 585) would amend two definitions in the Public Health Act, “department" or

“division" and “secretary". In section 24-1-2 A, “department or division", under the Children,

Youth and Families Division (CYFD), has been amended to add the language" shelter care

homes and those outpatient facilities that are also community-based behavioral health facilities

serving only persons up to 21 years of age".

Section 24-1-2 E has also been amended. The definition of “secretary", as to the secretary of

children, youth and families, has been amended to include responsibility for “residential

treatment centers that serve persons up to twenty-one years of age, community mental health

centers that serve only persons up to twenty-one years of age, day treatment centers up to 21

years of age, shelter care homes and outpatient facilities serving only persons up to 21 years of

age.

FISCAL IMPLICATIONS

None identified

SIGNIFICANT ISSUES

Senate Bill 585 – Page

2

The clarification of responsibility for CYFD to manage shelter homes and outpatient facilities

serving only persons up to twenty one years of age is important. Following a 2003 amendment to

the definition of “health care facility", 24-1 2 D, DOH became responsible for all shelter homes.

However, there are facilities traditionally managed by CYFD referred to as shelter homes, (not

considered residential treatment centers), that house persons only up to age 21. This amendment

corrects that, and moves the responsibility for those specific facilities back to CYFD.

Licensing and Certification of children’s behavioral health services is a critical function and

special expertise of the Children, Youth, and Families Department. This amendment specifies

the types of health facilities that CYFD is charged with having oversight authority. By clarifying

the language in the statute, the bill provides both CYFD and DOH a better legal foundation and

means to address certain types of behavioral health providers and facilities, and to take remedial

action when these providers are deemed unsafe or unresponsive. By making this specification,

the statute will provide a more permanent and defensible legal foundation for action than the

Joint Power Agreement and Memorandum of Understanding currently employed to empower the

two agencies to coordinate their respective jurisdictions on these matters. CYFD will license the

following (and only the following):

* Child care centers

* Residential treatment centers that serve persons up to twenty-one years of age

* Community mental health centers that serve only persons up to twenty-one years of age

* Day treatment centers that serve persons up to twenty-one years of age

* Shelter care homes

* Those outpatient facilities that are also community-based behavioral health facilities serving

only persons up to twenty-one years of age

For the purposes of the Public Health Code, Section 24-1-2 A defines “department," and

specifies that specific types of residential and outpatient facilities engaged in the provision of

behavioral health services to children and youth up to age 21. CYFD is not given oversight over

medical facilities.

The amended language also defines “Secretary" as the Cabinet Secretary for CYFD. Ensuring

that the language in Section 21-1-2 E is consistent with that in section 24-1-2 A.

PERFORMANCE IMPLICATIONS

The clarifies the role and obligations of CYFD, which may have an indirect positive effect on

agency performance.

ADMINISTRATIVE IMPLICATIONS

DOH supports the transfer of responsibility for these facilities back to CYFD. DOH does not

have the staff or expertise to address the issues of the population served.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

DL/nt