BILL NUMBER: AB 253 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 9, 2015
An act to add Section 987.010 to the Military and Veterans
Code, and to amend Sections 5845 and 14684 of the Welfare and
Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 253, as amended, Roger Hernández. Mental Health
Services Act. Mental health.
Existing law, the Mental Health Services Act, an initiative
measure enacted by the voters as Proposition 63 at the November 2,
2004, statewide general election, establishes the Mental Health
Services Fund to fund various county mental health programs, and
establishes the Mental Health Services Oversight and Accountability
Commission , which consists of 16 members, to oversee the
administration of various parts of the act. Existing law
authorizes the act to be amended by a 2/3 vote
of the Legislature if the amendments are consistent with, and further
the purposes of, the act.
This bill would state the intent of the Legislature to enact
legislation to ensure the appropriate oversight mechanisms are in
place to capture the best practices at the county level in order to
ensure that veterans have access to the services provided by the act.
This bill would expand the commission by 2 additional members who
each have specified mental health knowledge and experience, to be
appointed by the Governor. By amending the provisions of the Mental
Health Services Act, this bill requires a 2/3 vote of the
Legislature.
Existing law, the Veterans Housing and Homeless Prevention Bond
Act of 2014 (bond act), an initiative measure enacted by the voters
as Proposition 41 at the June 3, 2014, primary election, authorized
$600 million in bonds to provide multifamily housing to low-income
veterans and supportive housing for homeless veterans, through the
Veterans Housing and Homeless Prevention Act of 2014. Existing law,
the Veterans Housing and Homeless Prevention Act of 2014, provides
for the acquisition, construction, rehabilitation, and preservation
of affordable multifamily supportive housing, affordable transitional
housing, affordable rental housing, and related facilities for
veterans and their families to allow veterans to access and maintain
housing stability. Existing law requires the California Housing
Finance Agency, the Department of Housing and Community Development,
and the Department of Veterans Affairs, to work collaboratively for
those purposes.
This bill would require those departments to give a preference to
applicants for funding pursuant to the bond act for supportive
housing projects when the applicant can demonstrate a multiyear
commitment of Mental Health Services Act funding for the applicant's
housing project funding plan.
Existing law requires county mental health plans, whether
administered by public or private entities, to be governed by
specified guidelines, including, among other things, providing for
culturally competent and age-appropriate services, to the extent
feasible. Existing law requires a mental health plan to have a
cultural competence plan with specified components.
This bill would require the Department of Health Care Services to
submit the cultural competence plan component of each county mental
health plan to the Legislature within 30 days of the department
receiving the plan.
The bill would declare that the amendments to the provisions of
the Mental Health Services Act are consistent with, and further the
purposes of, that act.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 987.010 is added to the
Military and Veterans Code , immediately
following Section 987.009 , to read:
987.010. The departments shall give a preference to applicants
for funding from the Veterans Housing and Homeless Prevention Bond
Act of 2014 for supportive housing projects when the applicant can
demonstrate a multiyear commitment of Mental Health Services Act
funding for the applicant's project funding plan.
SEC. 2. Section 5845 of the Welfare and
Institutions Code is amended to read:
5845. (a) The Mental Health Services Oversight and Accountability
Commission is hereby established to oversee Part 3 (commencing with
Section 5800), the Adult and Older Adult Mental Health System of Care
Act; Part 3.1 (commencing with Section 5820), Human Resources,
Education, and Training Programs; Part 3.2 (commencing with Section
5830), Innovative Programs; Part 3.6 (commencing with Section 5840),
Prevention and Early Intervention Programs; and Part 4 (commencing
with Section 5850), the Children's Mental Health Services Act. The
commission shall replace the advisory committee established pursuant
to Section 5814. The commission shall consist of 16
18 voting members as follows:
(1) The Attorney General or his or her designee.
(2) The Superintendent of Public Instruction or his or her
designee.
(3) The Chairperson of the Senate Health and Human Services
Committee or another member of the Senate selected by the President
pro Tempore of the Senate.
(4) The Chairperson of the Assembly Health Committee or another
member of the Assembly selected by the Speaker of the Assembly.
(5) Two persons with a severe mental illness, a family member of
an adult or senior with a severe mental illness, a family member of a
child who has or has had a severe mental illness, a physician
specializing in alcohol and drug treatment, a mental health
professional, a county sheriff, a superintendent of a school
district, a representative of a labor organization, a representative
of an employer with less than 500 employees and a representative of
an employer with more than 500 employees, a person with
knowledge and experience in reducing mental health disparities, a
veteran with knowledge about veteran's mental health issues,
and a representative of a health care services plan or insurer, all
appointed by the Governor. In making appointments, the Governor shall
seek individuals who have had personal or family experience with
mental illness.
(b) Members shall serve without compensation, but shall be
reimbursed for all actual and necessary expenses incurred in the
performance of their duties.
(c) The term of each member shall be three years, to be staggered
so that approximately one-third of the appointments expire in each
year.
(d) In carrying out its duties and responsibilities, the
commission may do all of the following:
(1) Meet at least once each quarter at any time and location
convenient to the public as it may deem appropriate. All meetings of
the commission shall be open to the public.
(2) Within the limit of funds allocated for these purposes,
pursuant to the laws and regulations governing state civil service,
employ staff, including any clerical, legal, and technical assistance
as may appear necessary. The commission shall administer its
operations separate and apart from the State Department of Health
Care Services and the California Health and Human Services Agency.
(3) Establish technical advisory committees such as a committee of
consumers and family members.
(4) Employ all other appropriate strategies necessary or
convenient to enable it to fully and adequately perform its duties
and exercise the powers expressly granted, notwithstanding any
authority expressly granted to any officer or employee of state
government.
(5) Enter into contracts.
(6) Obtain data and information from the State Department of
Health Care Services, the Office of Statewide Health Planning and
Development, or other state or local entities that receive Mental
Health Services Act funds, for the commission to utilize in its
oversight, review, training and technical assistance, accountability,
and evaluation capacity regarding projects and programs supported
with Mental Health Services Act funds.
(7) Participate in the joint state-county decisionmaking process,
as contained in Section 4061, for training, technical assistance, and
regulatory resources to meet the mission and goals of the state's
mental health system.
(8) Develop strategies to overcome stigma and discrimination, and
accomplish all other objectives of Part 3.2 (commencing with Section
5830), 3.6 (commencing with Section 5840), and the other provisions
of the act establishing this commission.
(9) At any time, advise the Governor or the Legislature regarding
actions the state may take to improve care and services for people
with mental illness.
(10) If the commission identifies a critical issue related to the
performance of a county mental health program, it may refer the issue
to the State Department of Health Care Services pursuant to Section
5655.
(11) Assist in providing technical assistance to accomplish the
purposes of the Mental Health Services Act, Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850) in
collaboration with the State Department of Health Care Services and
in consultation with the California Mental Health Directors
Association.
(12) Work in collaboration with the State Department of Health
Care Services and the California Mental Health Planning Council, and
in consultation with the California Mental Health Directors
Association, in designing a comprehensive joint plan for a
coordinated evaluation of client outcomes in the community-based
mental health system, including, but not limited to, parts listed in
subdivision (a). The California Health and Human Services Agency
shall lead this comprehensive joint plan effort.
SEC. 3. Section 14684 of the Welfare
and Institutions Code is amended to read:
14684. (a) Notwithstanding
any other provision of state law, and to the
extent permitted by federal law, mental health plans, whether
administered by public or private entities, shall be governed by the
following guidelines:
(1)
(a) State and federal Medi-Cal funds identified for the
diagnosis and treatment of mental illness shall be used solely for
those purposes. Administrative costs incurred by counties for
activities necessary for the administration of the mental health plan
shall be clearly identified and shall be reimbursed in a manner
consistent with federal Medicaid requirements and the approved
Medicaid state plan and waivers. Administrative requirements shall be
based on and limited to federal Medicaid requirements and the
approved Medicaid state plan and waivers, and shall not impose costs
exceeding funds available for that purpose.
(2)
(b) The development of the mental health plan shall
include a public planning process that includes a significant role
for Medi-Cal beneficiaries, family members, mental health advocates,
providers, and public and private contract agencies.
(3)
(c) The mental health plan shall include appropriate
standards relating to quality, access, and coordination of services
within a managed system of care, and costs established under the
plan, and shall provide opportunities for existing Medi-Cal providers
to continue to provide services under the mental health plan, as
long as the providers meet those standards.
(4)
(d) Continuity of care for current recipients of
services shall be ensured in the transition to managed mental health
care.
(5)
(e) Medi-Cal covered specialty mental health services
shall be provided in the beneficiary's home community, or as close as
possible to the beneficiary's home community. Pursuant to the
objectives of the rehabilitation option described in subdivision (a)
of Section 14021.4, mental health services may be provided in a
facility, a home, or other community-based site.
(6)
(f) Medi-Cal beneficiaries whose mental or emotional
condition results or has resulted in functional impairment, as
defined by the department, shall be eligible for covered specialty
mental health services. Emphasis shall be placed on adults with
serious and persistent mental illness and children with serious
emotional disturbances, as defined by the department.
(7)
(g) Mental health plans shall provide specialty mental
health services to eligible Medi-Cal beneficiaries, including both
adults and children. Specialty mental health services include Early
and Periodic Screening, Diagnosis, and Treatment Services to eligible
Medi-Cal beneficiaries under the age of 21 pursuant to 42
U.S.C. Section 1396d(a)(4)(B) of Title 42 of the United
States Code.
(8)
(h) Each mental health plan shall include a mechanism
for monitoring the effectiveness of, and evaluating accessibility and
quality of, services available. The plan shall utilize and be based
upon state-adopted performance outcome measures and shall include
review of individual service plan procedures and practices, a
beneficiary satisfaction component, and a grievance system for
beneficiaries and providers.
(9)
(i) Each mental health plan shall provide for
culturally competent and age-appropriate services, to the extent
feasible. The mental health plan shall assess the cultural competency
needs of the program. The mental health plan shall include, as part
of the quality assurance program required by Section 14725, a process
to accommodate the significant needs with reasonable timeliness. The
department shall provide demographic data and technical assistance.
Performance outcome measures shall include a reliable method of
measuring and reporting the extent to which services are culturally
competent and age-appropriate. The department shall submit the
cultural competence plan component of each mental health plan to the
Legislature, in compliance with Sect ion 9795 of the
Government Code, within 30 days after the mental health plan has been
submitted to the department for approval.
(b) This section shall become operative on July 1, 2012.
SEC. 4. The Legislature finds and declares that
Section 2 of this act is consistent with, and furthers the purposes
of, the Mental Health Services Act.
SECTION 1. It is the intent of the Legislature
to enact legislation to ensure the appropriate oversight mechanisms
are in place to capture the best practices at the county level in
order to ensure that veterans have access to the services provided by
the Mental Health Services Act.