(1) On or before July 1, 2024, the BHA shall establish a performance monitoring system to track capacity and performance of all behavioral health providers, including those that contract with managed care entities or behavioral health administrative services organizations, and inform needed changes to the public and private behavioral health system in the state. (2) The BHA shall set minimum performance standards for treatment of children, youth, and adults that address key metrics for behavioral health providers and behavioral health administrative services organizations licensed by the BHA pursuant to part 5 of this article 50, including but not limited to: (a) Accessibility of care, including: (I) Availability of services; (II) Timeliness of service delivery; and (III) Capacity tracking consistent with section 27-60-104.5; and (b) Quality of care, including appropriate triage and access based on client need and for priority populations. (3) In setting minimum performance standards, the BHA shall collaborate with state agencies to consider: (a) Evidence-based and promising practices; (b) Themes identified through grievances pursuant to section 27-50-108; (c) Input from the behavioral health administration advisory council created pursuant to section 27-50-701; (d) Alignment with existing state and federal requirements; (e) Alignment with the BHA's comprehensive state plan developed pursuant to section 27-50-105 (2); and (f) Reducing the administrative burden of data collection and reporting for behavioral health providers. (3.5) (a) In setting minimum performance standards for children and youth under twenty-one years of age, the BHA shall consult with a working group, including members from the department of health care policy and financing, the department of human services, county departments of human or social services, managed care entities, hospitals, and other relevant stakeholders, including stakeholders who represent individuals with intellectual and developmental disabilities, to help develop the performance monitoring system framework that addresses the minimum performance standards for treatment of children and youth pursuant to subsection (2) of this section. The framework must consider measures of accountability for children and youth who are boarding or in extended stay. (b) The working group may, through gifts, grants, or donations, enter into an agreement with a third-party contractor that has expertise in child welfare and youth mental health research, including outcome measurement and impact analysis, to assist in developing the framework. (c) No later than April 1, 2024, the working group shall submit the framework to the BHA to inform the performance monitoring system. The BHA shall make the framework publicly available on the BHA's website. (3.7) (a) (I) Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, each hospital shall report information to the BHA that is consistent with federal privacy laws in a form and manner specified by the BHA on the total number of children and youth patients who were boarding or had extended stays in the previous quarter; if known, how many children and youth who were boarding or had extended stays and were in county custody at the time they were boarding or had extended stays; and, to the extent possible, for patients who were ultimately discharged during the quarter, where the patients were discharged to. (II) Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, the department of human services, in consultation with county departments of human or social services, shall report information to the BHA in a form and manner specified by the BHA that is consistent with federal privacy laws on the total number of children and youth in the custody of, or who had involvement with, a county department of human or social services who spent time at least overnight in a hotel or a county department of human or social services office as a stopgap setting. (b) (I) No later than September 1, 2023, and each quarter thereafter until October 1, 2024, the BHA shall report aggregated and de-identified information submitted to the BHA pursuant to subsection (3.7)(a) of this section to the working group. The BHA shall make the de- identified and aggregated data publicly available on the BHA's website. (II) If the information reported pursuant to this subsection (3.7)(b) is not able to be aggregated and de-identified in compliance with the federal "Health Insurance Portability and Accountability Act of 1996", as amended, 42 U.S.C. secs. 1320d to 1320d-9, the BHA shall not report the information until the population is large enough to be reported in compliance with the federal law. (4) The BHA and the department of health care policy and financing shall collaborate to align performance metrics and standards for providers, managed care entities, and behavioral health administrative services organizations to the greatest extent possible. (5) (a) The BHA shall collaborate with the department of health care policy and financing to establish data collection and reporting requirements that align with the performance standards established in this section and that are of a high value in promoting systemic improvements. In establishing data collection and reporting requirements, the BHA must consider the impact on behavioral health providers and clients and state information technology systems. (b) Where applicable, the BHA shall coordinate with the health information organization networks to prioritize leveraging the health information organization network infrastructure to meet the requirements of this section and to promote the interoperable exchange of data to improve the quality of patient care. The BHA shall coordinate with the health information organization networks on relevant provisions of the universal contract pursuant to section 27-50- 203 (1)(a). (6) Compliance with the requirements described in this section shall be enforced through: (a) The universal contracting provisions developed pursuant to section 27-50-203; (b) Designation of behavioral health administrative services organizations pursuant to section 27-50-402; and (c) Applicable licensing standards, including licensing behavioral health entities pursuant to part 5 of this article 50. (7) The BHA shall analyze the data collected pursuant to this section and create public- facing system accountability platforms to report on performance standards for behavioral health providers, behavioral health administrative services organizations, and managed care entities. (8) The BHA shall document how the BHA's activities conducted pursuant to this section comply with state and federal privacy laws and standards.
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