Amends TCA Title 4, Chapter 29; Title 7; Title 33; Title 63 and Title 68.

BEHAVIORAL HEALTH CRISIS INTERVENTION SERVICES As of January 31, 2025, this bill requires the department of health ("department"), in collaboration with the department of mental health and substance abuse services, to administer the provision of behavioral health crisis intervention services in this state. The department, in collaboration with the department of mental health and substance abuse services, must establish operational standards, procedures, and protocols to administer the provision of behavioral health crisis intervention services in this state. The department may employ individuals qualified by appropriate ability, education, and experience to administer the provision of crisis intervention services in this state. CRISIS INTERVENTION SERVICES BOARD As of January 31, 2025, this bill creates in the department a behavioral health crisis intervention services board and places the board in sunset review in 2027. The board must do the following: (1) Develop and recommend a comprehensive statewide behavioral health crisis intervention services plan and annually review and update the recommended plan. The board must submit the recommended plan no later than December 31, 2024, and by each December 31 thereafter, to the governor, the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian; (2) Within three years of the initial convening of the board, and every three years thereafter, review the provision of crisis intervention services in this state, the system of care of crisis intervention services in this state, and the crisis intervention services needs of residents of this state, and make a written report of the board's findings and recommendations. The board must submit the report not later than December 31 of each year that it is due to the governor, the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian; and (3) Report on each expenditure made under the fund in the previous fiscal year and to what extent the expenditure accomplished the intended purpose of the expenditure and make recommendations, consistent with the purposes for expenditures under this part, for appropriating moneys expected to be received in the next fiscal year. The board must submit the recommendations no later than December 31, 2024, and by December 31 each year thereafter, to the governor, the chair of the health and welfare committee of the senate, the chair of the health committee of the house of representatives, and the legislative librarian. This bill provides that the board is composed of the following 11 members: (i) the comptroller of the treasury or the comptroller's designee, (ii) the commissioner of commerce and insurance, or the commissioner's designee, (iii) the president of the Tennessee Association of Chiefs of Police, or the president's designee, (iv) the director of the department of mental health and substance abuse services, or the director's designee; (v) the director of TennCare, or the director's designee, (vi) three members, appointed by the governor, each of whom is either a current director of an emergency communications district or a current member of an emergency communications district board of directors at the time of their appointment, who must each reside in a separate grand division of the state, (vii) one member, appointed by the governor, who is a qualified mental health professional who provides crisis intervention services, (viii) one member, appointed by the governor, who is a representative of a behavioral health treatment program providing crisis intervention services; and (ix) one member, appointed by the governor, who is a certified peer recovery specialist. This bill provides that initial appointments must be staggered. Members must not be selected to serve on the board for more than two successive terms. This bill requires the board to elect a chair and other officers as it may deem necessary and appropriate. The officers must be elected for two-year terms. The board must meet quarterly, and at the call of the chair. A quorum consists of six or more members; and all official action of the board requires a quorum. Any member of the board who fails to attend at least 50 percent of the regularly scheduled meetings of the board within any 12-month period must automatically be removed from the board and a successor member must be appointed by the appointing authority to serve out the remaining term of the member being replaced. FUND This bill creates a fund within the state treasury, known as the "Behavioral Health Crisis Intervention Services Fund," to support the operation and maintenance of the behavioral health crisis intervention services system known as the 988 Suicide & Crisis Lifeline, and the continuum of behavioral health services. The board must administer the fund, and all expenditures from the fund are subject to review and audit by the comptroller of the treasury. This bill provides that moneys in the fund may be expended for (i) establishing, operating, maintaining, and improving 988 or crisis intervention services; (ii) establishing, operating, or contracting for crisis teams; (iii) recruiting and retaining qualified personnel; (iv) providing specialized training related to serving at-risk communities; (v) raising public awareness of 988, behavioral health crisis intervention services available in this state, and education on behavioral health conditions; (vi) data collection and analysis, reporting, evaluation participation, and related quality improvement activities; (vii) administration, oversight, and evaluation of the fund; and (viii) reimbursement of money appropriated by the general assembly to implement this part. SURCHARGES ON RESIDENTIAL, BUSINESS, AND WIRELESS SERVICE This bill provides the fund must be funded by means of a behavioral health crisis intervention services surcharge of 60 cents per month imposed by providers on subscribers of telecommunications services in this state. The surcharge must be imposed by (i) each provider providing residential telephone service on all residential subscribers per residence exchange access line in this state, (ii) each provider providing business telephone service on all business subscribers per business exchange access line in this state, (iii) each wireless provider on all wireless service customers for each wireless telephone number for which the wireless service customers are billed by the provider, and (iv) each provider of nontraditional communications service on subscribers of such services where the provider is required to or opts to provide 988 service. This bill requires a provider to impose the surcharge on the person purchasing the service and to collect the surcharge on behalf of this state. The surcharge collected by a provider is not subject to taxes or charges levied by the state, or any political subdivision of the state, and the surcharge is not considered revenue of the provider for any purpose. Each provider imposing the surcharge must state the surcharge as a clearly identifiable, separate item on all subscriber invoices rendered on or after the effective date of this bill. The surcharge does not apply to wholesale services or to a state government entity. This bill requires the surcharge to be collected by providers from subscribers to telecommunications service with each invoice for service and must be paid by providers on a monthly basis to the department of finance and administration no later than the last day of the month following the surcharge's collection. The surcharge must be deposited into the fund on a monthly basis and must be used to support the implementation and long-term solvency of behavioral health crisis intervention services in this state, as well as reasonable and necessary administrative and operational expenses of the board and fund. Each provider collecting the surcharge is entitled to recover the actual incremental costs of billing, collecting, and remitting the surcharge. However, a provider collecting the surcharge is not responsible for uncollectable surcharges. Each provider collecting the surcharge is fulfilling a governmental function and in so doing is immune from suit for damages of any kind and is not liable for refunds except to the extent that the provider has failed to collect or remit surcharges to the fund. BEHAVIORAL HEALTH CRISIS INTERVENTION SERVICES PLAN This bill requires the board to develop and recommend a plan for establishing, operating, and maintaining a behavioral health crisis communications center, which must receive calls from individuals experiencing a behavioral health crisis or persons requesting assistance for an individual in crisis, provide appropriate crisis intervention services, deliver quality coordination of behavioral health crisis care, and conduct follow-up to ensure appropriate connection to treatment and services. The plan must include recommendations as described in the bill. RULEMAKING This bill authorizes the department, in collaboration with the department of finance and administration, to promulgate rules to effectuate this bill.