1. To the extent practicable, the Division shall require a managed care organization, including, without limitation, a health maintenance organization, that provides behavioral health services to recipients of Medicaid under the State Plan for Medicaid or the Childrens Health Insurance Program pursuant to a contract with the Division to prepare and implement a plan to ensure that such services are provided in a culturally competent manner. 2. A plan to ensure that behavioral health services are provided in a culturally competent manner must be approved by the Division and must include, without limitation: (a) Identification of disparities in the incidence of behavioral health problems, in access to or usage of behavioral health services and in behavioral health outcomes based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language and income level, to the extent that data is available to identify such disparities; (b) Strategies for reducing the disparities identified pursuant to paragraph (a) and the rationale for each strategy; (c) Mechanisms and goals to measure the effectiveness of the strategies prescribed pursuant to paragraph (b) and, if applicable, the degree to which the managed care organization has achieved goals set forth in previous plans; (d) Strategies for addressing trauma and providing services in a trauma-informed manner; and (e) Strategies for soliciting input from persons to whom the managed care organization provides services and other interested persons. 3. If the Division requires a managed care organization to prepare and implement a plan to ensure that behavioral health services are provided in a culturally competent manner, the managed care organization must: (a) Establish, through an open invitation, a committee of interested persons for the purpose of conducting an ongoing review of the plan. The committee must include, without limitation, state and local government officers and employees, consumers of behavioral health services, advocates for consumers of behavioral health services, experts on reducing disparities in behavioral health and providers of behavioral health services. (b) Biennially update the plan to reflect changes in the population served by the managed care organization and submit the updated plan to the Division for approval and for technical assistance and feedback concerning the implementation of the plan. (c) Post the plan and each updated version of the plan on a publicly available Internet website. (d) Biennially compile, submit to the Division and post publicly on the Internet a report concerning the degree to which the managed care organization has achieved or is progressing toward achieving the goals set forth pursuant to paragraph (c) of subsection 2. 4. A committee established pursuant to paragraph (a) of subsection 3 must meet at least quarterly. Such meetings: (a) May be conducted remotely or in person; and (b) Must be open to the public. 5. The Authority and the Division shall provide a managed care organization with any demographic information or technical assistance necessary to carry out the requirements imposed pursuant to this section. A managed care organization may solicit any information necessary to carry out the requirements imposed pursuant to this section from persons who receive behavioral health services from the plan. 6. As used in this section, trauma-informed manner means a manner that: (a) Is informed by knowledge of and responsiveness to the effects of trauma; (b) Emphasizes physical, psychological and emotional safety for persons receiving services; and (c) Creates opportunities for a person affected by trauma to rebuild a sense of control and empowerment.
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