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ENGR. H. B. NO. 4092 Page 1
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ENGROSSED HOUSE
BILL NO. 4092 By: Norwood, Pae, and Waldron
of the House
and
Stanley of the Senate
[ 988 Mental Health Lifeline – terms – Department of
Mental Health and Substance Abuse Services –
activities – standards – rules – 988 Trust Fund –
purpose – enforcement – codification – effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-200 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
As used in this section:
1. "911" means any telephone system whereby telephone
subscribers may utilize a three-digit number (9-1-1) for reporting
an emergency to the appropriate public agency providing law
enforcement, fire, medical or other emergency services, including
ancillary communications systems and personnel necessary to pass the
reported emergency to the appropriate emergency service and which
the wireless service provider is required to provide pursuant to the
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Federal Communications Commission Order 94-102, 961 Federal Register
40348;
2. "988" means the universal telephone number within the United
States designated by the Federal Communications Commission for the
purpose of the National Suicide Prevention Lifeline program
operating through the 988 Mental Health Lifeline (988 Lifeline), or
its successor maintained by the Assistant Secretary for Mental
Health and Substance Use under Section 520E–3 of the Public Health
Service Act, 42 U.S.C. 290bb-36c;
3. "988 Lifeline Revolving Fund" means the 988 Mental Health
Lifeline program fund created pursuant to Section 3 of this act;
4. "Behavioral health crisis services" are intensive services
that are provided to address or prevent behavioral health symptoms,
situations, or events that may negatively impact an individual's
ability to function within his or her current family or caregiver
and living situation, school, workplace, or community. Behavioral
health crisis services are for anyone, anywhere, and at any time and
can be provided in a variety of settings, including via text or
telephone, face-to-face at an individual's home, or in the
community;
5. "Behavioral health crisis system" is an organized set of
structures, processes, and services in place to meet all types of
urgent and emerging mental health and substance use needs in a
defined population or community, effectively and efficiently.
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Essential elements of a behavioral health crisis system include 988
crisis lines that accept all calls and texts, and provide support
and referrals based on the needs of the individual or family member
or caregiver; mobile crisis teams that respond to the location of
need in the community; and crisis stabilization facilities that
serve everyone who enters its doors from all referral sources.
Comprehensive behavioral health crisis systems:
a. address recovery needs, significant use of peers, and
trauma-informed care,
b. ensure safety and security for staff and those in
crisis, and
c. involve collaboration with law enforcement and
emergency medical services;
6. "Certified community behavioral health clinics (CCBHC)" are
facilities as defined under Section 1913(c) of the Public Health
Services Act or Section 223(d) of the Protecting Access to Medicare
Act of 2014 (PAMA). CCBHC's are also certified by the Department of
Mental Health and Substance Abuse Services;
7. "Co-response" is a collaborative approach to behavioral
health crisis developed in response to the need for local adaptation
in which first responders, sometimes including law enforcement
officers, are partnered with behavioral health professionals as an
effective way to respond to behavioral health crises and other
situations involving unmet behavioral health needs;
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8. "Crisis stabilization services" reflect a range of models
and care to support individuals through emergent and urgent
behavioral health needs. Crisis stabilization services involve
facility-, home-, and community-based services that provide access
to care and stabilization for adults and youth in crisis. Crisis
stabilization services are delivered across a continuum of care that
includes no barrier, low barrier, and referral-based services;
9. "Mobile crisis team" means a multidisciplinary behavioral
health team that includes at least one behavioral health care
professional who is capable of conducting an assessment of the
individual, in accordance with the professional's permitted scope of
practice under state law, and other professionals or
paraprofessionals with appropriate expertise in behavioral health or
mental health crisis response, including nurses, social workers,
peer support specialists, and others, whose members are trained in
trauma-informed care, de-escalation strategies, and harm reduction;
that is able to respond in a timely manner and, where appropriate,
provide screening and assessment; stabilization and de-escalation;
and coordination with, and referrals to, health, social, and other
services and supports as needed; that maintains relationships with
relevant community partners, including medical and behavioral; and
10. "Urgent Recovery Center" is an ambulatory setting that
offers safe and time-limited services and supports to individuals
experiencing behavioral health crisis. This setting is an
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alternative to the use of hospital emergency departments or more
intensive crisis services.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-201 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. The State of Oklahoma shall designate the Department of
Mental Health and Substance Abuse Services to have primary oversight
over the suicide prevention and crisis service activities and
essential coordination with designated 988 Lifeline Crisis Centers
to provide crisis intervention services and crisis care coordination
to individuals accessing the 988 Mental Health Lifeline program from
any jurisdiction within Oklahoma twenty-four (24) hours a day, seven
(7) days a week.
B. The Oklahoma Department of Mental Health and Substance Abuse
Services (ODMHSAS) shall have primary oversight of suicide
prevention and crisis service activities.
C. The designated 988 Lifeline Crisis Centers shall meet 988
Lifeline Program requirements and best practices guidelines for
operational, performance and clinical standards.
D. The ODMHSAS shall use its authority to promulgate rules and
regulations to allow appropriate information sharing and
communication between and across crisis and emergency response
systems for the purpose of real-time crisis care coordination
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including, but not limited to, deployment of crisis and outgoing
services and linked, flexible services specific to crisis response.
E. The state or related public health authority shall assure
active collaborations and coordination of service linkages between
the designated centers and crisis receiving and stabilization
services for individuals accessing the 988 Lifeline through
appropriate information sharing regarding availability of services.
F. The state or related public health authority and designated
988 Lifeline Crisis Centers shall utilize technology to enhance
communication and coordination in the delivery of behavioral health
crisis services, and for data collection, analysis and sharing.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-202 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Department of Mental Health and Substance Abuse Services to
be designated the "988 Lifeline Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department as directed by law,
or by grants or gifts to support the Lifeline. All monies accruing
to the credit of said fund are hereby appropriated and may be
budgeted and expended by the Department of Mental Health and
Substance Abuse Services for the purpose of staffing, supporting,
and operating the 988 Lifeline system created and maintained in the
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National Suicide Hotline Designation Act of 2020, the Federal
Communication Commission's rules adopted July 16, 2020, and October
17, 2024, and the National Guidelines for a Behavioral Health
Coordinated System of Crisis Care. Expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-203 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
The State of Oklahoma shall implement strategies to ensure that
the behavioral health crisis service system is adequately funded,
including mechanisms for reimbursement of behavioral health crisis
response, but not limited to:
1. Ensuring that to the extent available any necessary federal
approvals are obtained and federal financial participation is
available and is not otherwise jeopardized, seeking to maximize all
available federal funding sources for the purposes of behavioral
health crisis services and administrative activities related to 988
implementation, including:
a. federal Medicaid reimbursement for services,
b. federal Medicaid reimbursement for administrative
expenses, including the development and maintenance of
information technology; and supporting implementation
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of the behavioral health crisis continuum through
Medicaid and the Children's Health Insurance Program
(CHIP) through Section 5124 of the Consolidated
Appropriations Act of 2023 (CAA, 2023), and
c. federal grants;
2. Exercising the full authority of the Oklahoma Insurance
Department and Oklahoma Health Care Authority to verify
reimbursement to certified community behavioral health clinics and
state-operated urgent recovery centers and crisis stabilization
units for medically necessary behavioral health crisis services,
like mobile crisis response and crisis stabilization services, by
health care service plans and disability insurers, and consistent
with the requirements of the federal Mental Health Parity and
Addiction Equity Act of 2008 in accordance with the amendments made
to the law in 2021, and pursuant to the No Surprises Act and its
implementing regulations.
SECTION 5. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 23rd day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate