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.

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(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. The majority of the members of the board must be consumers of mental health services and family members of consumers.

(4)The service area authority board must be established under Title 35, chapter 2. 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 collaborate with the department for purposes of planning and oversight of mental health services of the service area, 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 requirements; and

(ix)procurement processes;

(b)shall review and monitor crisis intervention programs established pursuant to 53-21-1202;

(c)shall submit a biennial review and evaluation of mental health service needs and services within the service area;

(d)shall keep all records of the board and make reports required by the department;

(e)may enter into contracts with the department for purposes of planning and oversight of the service area if the department certifies that the service area authority is capable of assuming the duty;

(f)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.

(g)may reimburse board members for actual and necessary expenses incurred in attending meetings and in the discharge of board duties as assigned by the board;

(h)shall either include a county commissioner or work closely with county commissioners in the service area; and

(i)shall take into consideration the policies, plans, and budget developed by the children’s system of care planning committee provided for in 52-2-303.

(6)A service area authority may not directly provide mental health services.