Current through the 2024 Budget Session
Section 35-1-613 - Definitions(a) As used in this act: (i) "Community board" means a community mental health board, a substance use disorder board, a developmental disabilities board, or a family violence and sexual assault board, or a board offering a combination of human services programs, created under this act. For the purposes of this act every community board is also a public agency;(ii) "Developmental disabilities" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism or any other neurological condition requiring services similar to those required by persons with intellectual disabilities, that has continued or can be expected to continue indefinitely and constitutes a substantial impairment to the individual's ability to function in society;(iii) "Department" means the department of health;(iv) "Human services program" means community facilities, services and programs which exclusively or in part, are used or operated to prevent or treat mental illness, substance use disorders or developmental disabilities, to provide shelter and crisis services for victims of family violence or sexual assault or to provide other community based services which serve a public purpose;(v) "Mental illness" means a condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that care and treatment are required, but does not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities;(vi) "Public agency" means an organization operated by a unit of local government or a combination of governments or agencies formed under the Wyoming Joint Powers Act;(vii) "Substance" means alcoholic beverages and other drugs;(viii) "Substance use disorder" means the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment or to cause socially dysfunctional behavior;(ix) "Client" means any individual receiving services from a human service program authorized under this act;(x) "Crisis services for victims of family violence and sexual assault" means emergency intervention, information, referral services and medical, legal and social services advocacy;(xi) "Sexual assault" means any act made criminal under W.S. 6-2-302 through 6-2-304 and 6-4-402;(xii) "Family violence" means domestic abuse as defined by W.S. 35-21-102(a)(iii);(xiii) "Shelter" means a place of temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic violence and their children;(xiv) "Adults with acute mental illness" means persons who are subject to an emergency detention under W.S. 2510-109, an involuntary hospitalization order under W.S. 25-10110 or a directed outpatient commitment order under W.S. 25-10110.1, or who were released from an emergency detention or were discharged from an involuntary hospitalization or directed outpatient commitment order within the last six (6) months;(xv) "Adults with severe mental illness" means persons who, based on diagnosis and history, have a substantial probability of being unable to meet their needs for food, shelter and medical care if they do not receive regular mental health treatment or case management. For purposes of this paragraph, the presence of advanced age or a physical or mental disability shall not solely establish a presumption of severe mental illness. Until June 30, 2026, "Adults with severe mental illness" shall include vulnerable adults as defined by W.S. 35-20-102(a)(xviii) ;(xvi) "Behavioral health center" means:(A) A nationally accredited organization that is licensed to conduct business in the state of Wyoming and provides a comprehensive range of services for the treatment and management of mental illness and substance use disorders for priority populations; or (B) For the purpose of federal reimbursement, a tribal federally qualified health center or a behavioral health service provider certified by the Indian health service of the United States department of health and human services.(xvii) "Families at high risk" means: (A) Children who have been discharged from an acute psychiatric facility or a psychiatric residential treatment facility within the previous six (6) months, and their immediate family members as defined by rule of the department of family services;(B) A child or the parent, legal guardian or other immediate family member of a child, as defined by rule of the department of family services, who has been referred to a behavioral health center by the department of family services for treatment for a mental illness or a substance use disorder and the treatment is necessary to prevent the removal of the child from the child's home or to reunify the child with the child's family;(C) A child who has been referred to a behavioral health center by a youth crisis shelter, school, primary care provider, licensed therapist or law enforcement officer for treatment for mental illness or a substance use disorder that impacts the child's life.(xviii) "General access clients" means persons who do not meet the definition of a priority population under paragraph (xxii) of this subsection;(xix) "Indigent general access clients" means persons whose total household income is not more than two hundred percent (200%) of the federal poverty level. After July 1, 2026 a person who has private or public health insurance that provides coverage for mental illness or substance use disorder treatment shall not qualify as "indigent general access clients";(xx) "Indigent clients with high needs" means persons who meet the definition of indigent general access clients under paragraph (xix) of this subsection and who have a mental illness or substance use disorder that substantially impairs their ability to function in society;(xxi) "Nonstate level justice involved" means: (A) Persons who within the previous six (6) months have been placed on probation and made subject to an intensive supervision program under W.S. 7-13-1102 that includes treatment for a mental illness or a substance use disorder;(B) Persons who within the previous six (6) months have been convicted of or pled nolo contendere to a criminal offense and ordered to enroll in a treatment program for a mental illness or substance use disorder as part of their sentence;(C) Persons on probation, parole or who have been conditionally released, who within the previous six (6) months have been sanctioned under W.S. 7-13-1802(b)(iv) through (vi) and ordered to receive treatment for a mental illness or a substance use disorder;(D) Qualified offenders under W.S. 7-13-1301 through 7-13-1304 who within the previous six (6) months have been ordered to receive treatment for a substance use disorder.(xxii) "Priority population" means any person, as determined by the department, who falls into any of the following categories: (A) State level justice involved;(B) Nonstate level justice involved;(C) Families at high risk;(D) Adults with acute mental illness;(E) Adults with severe mental illness;(F) Indigent clients with high needs;(G) Indigent general access clients.(xxiii) "State level justice involved" means persons that within the previous six (6) months have been released or paroled from an institution as defined by W.S. 7-13-401(a)(vi) or who are awaiting admission to evaluation from or have been evaluated by a facility as defined under W.S 7-11-301(a)(ii) and who require continuing treatment for a mental illness or substance use disorder;(xxiv) "This act" means W.S. 35-1-611 through 35-1627.Amended by Laws 2024, ch. 36,§ 1, eff. 7/1/2024.Amended by Laws 2024, ch. 35,§ 1, eff. 7/1/2024.Amended by Laws 2022 , ch. 31, § 1, eff. 3/9/2022.Amended by Laws 2021 , ch. 79, § 1, eff. 7/1/2024.