Task force advances Title 25 draft to shift first 72‑hour detention costs to Department of Health; adds county opt‑in amendment and defers final vote

Legislative staff introduced a draft bill that would change who pays for the first 72 hours of an emergency detention under Title 25.

Anna Johnson, LSO, walked the task force through draft 25 LSO 30: the Department of Health would assume payment for transportation, emergency detention, medical treatment and other actions under the first 72 hours of a Title 25 emergency detention; the department would set a standard rate and could seek rulemaking authority to implement the change. The draft also creates a repayment or chargeback mechanism whereby the county would reimburse the Department of Health at the department's standard rate for costs it incurred during that initial period. LSO staff noted the task force may wish to consider whether an appropriation to the Department of Health is necessary to cover incremental Title 25 costs.

County and provider representatives generally supported the concept as a means to reduce billing confusion for providers and counties, while flagging rate‑setting, sustainability of facilities and cross‑county disputes over who initiated detention as issues to resolve. Jeremiah Rehman (Wyoming County Commissioners Association) offered the opt‑in/opt‑out model used by the Guardian ad Litem statute as a potential template for an amendment so counties could choose whether to participate in the state‑run payment approach.

The committee moved the bill forward for work, directed LSO to draft opt‑in language and related clarifications, approved that amendment during the meeting, and agreed to take a final vote at the next meeting. Committee members asked the Department of Health and hospitals to develop cost models so the task force and appropriators can evaluate fiscal impacts prior to final approval.