(1) On or before July 1, 2023, the commissioner shall collaborate with state agencies and tribal governments, while respecting tribal sovereignty, to implement formal agreements between the BHA and state agencies, and the BHA and tribal governments that have initiatives, funding, programs, or services related to behavioral health. The formal agreements must provide the structure for implementing behavioral health standards by formalizing expectations specific to: (a) Collaborative problem solving for challenges that arise in the behavioral health system; (b) Consideration of BHA funding and resource allocation priorities across the behavioral health continuum of care, including primary prevention and harm reduction, as well as recommendations for other state agencies' and tribal governments' funding priorities, to ensure a coordinated statewide effort to align behavioral health funding with the BHA's vision, demonstrated gaps in funding or resource allocation, and governor priorities; (c) Data sharing and health information sharing, including a process for data sharing and analysis that: (I) Prioritizes protection of patient privacy and, to the extent possible, eliminates any sharing of personally identifiable information and personal health information; and (II) Must be transparently disclosed to all relevant parties; (d) Requiring, when applicable, the use of the universal contracting provisions generated in collaboration with state agencies pursuant to section 25-50-203 and the use of behavioral health administrative services organizations pursuant to part 4 of this article 50; (e) Reporting and data sharing to the BHA, including behavioral-health-related metrics, to ensure state agencies and tribal governments share data; (f) Managed care entity standards, such as use of nationally recognized practice guidelines for utilization management approved by the BHA and shared parameters for network adequacy; (g) Parity monitoring and compliance to support the department of health care policy and financing's and the division of insurance's enforcement of parity provisions; and (h) A method for the state agencies and tribal governments to inform the BHA of problems that need resolution and to collaborate with the BHA to address those problems. (2) The commissioner, in collaboration with state agencies and tribal governments, shall annually review the formal agreements and update the formal agreements as necessary. Formal agreements may be expanded to other state agencies and branches of government as needed and appropriate.
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