Mental Health department withdraws $23M ARPA request; subcommittee reviews $17M estimate tied to consent decree

The Department of Mental Health and Substance Abuse told the Senate Appropriations subcommittee it had withdrawn a $23,000,000 ARPA FMAP-savings request and discussed an estimated $17,000,000 line item intended for a statewide competency restoration plan tied to a proposed consent decree.

Barry Brown, the department’s chief of staff, told the committee the $23,000,000 request had been withdrawn and that the revised top-line second line figure would be approximately $34,570,997. The subcommittee asked the department to submit a formal revision to the appropriations office.

Committee members pressed for details about the $17,000,000 estimate. Department witnesses cautioned that the consent decree was not yet finalized and that the $17,000,000 is an estimate that could rise or fall based on final terms, consultant recommendations and fines. The department said the amount includes an estimated portion for consultants and for plaintiffs’ attorneys’ fees, which the consent decree caps at $75,000.

Senators asked how much of the estimate would go to direct services versus fines and consultants. Department officials said their goal was to maximize funds delivered to patient care but acknowledged some fines would likely occur. The department also said some implementation steps for the competency plan were already under way in anticipation of the decree’s finalization.

The subcommittee also discussed a separate Department of Justice findings letter relating to community mental health in Oklahoma County; the department said that DOJ engagement was recent and could lead to a lengthy negotiation period or litigation and that those costs are not included in the $17,000,000 estimate.

No formal action or vote was taken; the subcommittee asked the department to file requested revisions and to provide more granular estimates of how funds would be allocated between direct services, consultants and possible fines.