Tennessee § 33-6-103 - Priority population — Standards of care — Funding — Legislative intent — Contract with licensed community mental health agency.

§ 33-6-103. Priority population — Standards of care — Funding — Legislative intent — Contract with licensed community mental health agency.

The department shall identify adults with severe disabling mental illness and children with serious emotional disturbance. Persons described in subsection (a) are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for this priority population annually in its plan. The state will fund and the department will maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds. It is the legislative intent that the department of mental health and substance abuse services maintain the funding amount and the extent of services of the behavioral health safety net of the state at least at the annualized levels provided as of January 1, 2009. In the event that appropriations to the department are not sufficient to continue funding these critical services at a level at least equivalent to the services being provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101. The report shall identify all means the department intends to use to increase resources available. The department may contract with any licensed community mental health agency for the provision of services under the behavioral health safety net, as long as the community mental health agency is able to sufficiently demonstrate to the department that the community mental health agency is able to provide to individuals who will be served under the behavioral health safety net all of the behavioral health services that are included within adult behavioral health services for the seriously and persistently mentally ill, as defined in § 71-5-103. Acts 1994, ch. 861, §§ 1-4; T.C.A., § 33-1-208 ; Acts 2000, ch. 947, §§ 1, 6; 2002, ch. 730, § 30; 2009, ch. 95, § 3; 2010, ch. 1100, § 45; 2012, ch. 575, § 1; 2020, ch. 578, § 1. Compiler's Notes. For the Preamble to the act regarding the behavioral health safety net of Tennessee, please refer to Acts 2009, ch. 95. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health (now commissioner of mental health and substance abuse services), the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114 . Amendments. The 2020 amendment added (d). Effective Dates. Acts 2020, ch. 578, § 2. July 1, 2020. Attorney General Opinions. The general sessions court has jurisdiction over services provided to mentally ill persons on an involuntary basis, beginning with their transportation and involuntary admission for diagnosis, evaluation, and treatment of mental illness, and continuing through their discharge, OAG 00-172, 2000 Tenn. AG LEXIS 175 (11/8/00). A law enforcement officer may transport persons in custody to a physician, doctoral level psychologist, or certain other medical professionals designated by the commissioner, for immediate examination and certification for care and treatment, OAG 00-172, 2000 Tenn. AG LEXIS 175 (11/8/00). The sheriff is primarily responsible for the transportation of a person who has been certified in need of inpatient care and treatment and must be transported to a hospital or treatment resource for admission, OAG 00-172, 2000 Tenn. AG LEXIS 175 (11/8/00). Transportation that occurs after a person has been transported to a hospital or treatment resource where the person is proposed to be admitted is the responsibility of the personnel of the hospital or treatment resource, OAG 00-172, 2000 Tenn. AG LEXIS 175 (11/8/00). The entity responsible for transporting persons with mental illness must provide transportation services 24 hours per day, OAG 00-172, 2000 Tenn. AG LEXIS 175 (11/8/00).