Bill Text: CA SB1017 | 2023-2024 | Regular Session | Introduced
Bill Title: Available facilities for inpatient and residential mental health or substance use disorder treatment.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-04-15 - April 15 hearing: Placed on APPR suspense file. [SB1017 Detail]
Download: California-2023-SB1017-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1017
| Introduced by Senator Eggman (Coauthor: Assembly Member Gallagher) |
February 05, 2024 |
An act to add Chapter 5 (commencing with Section 5968) to Part 7 of Division 5 of the Welfare and Institutions Code, relating to health and care facilities, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1017, as introduced, Eggman.
Available facilities for inpatient and residential mental health or substance use disorder treatment.
Existing law generally requires the State Department of Public Health to license, inspect, and regulate health facilities, defined to include, among other types of health facilities, an acute psychiatric hospital. Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.
This bill would require the State Department of Health Care Services, in consultation with the State
Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a solution to collect, aggregate, and display information about beds in specified types of facilities, including licensed community care facilities and licensed residential alcoholism or drug abuse recovery or treatment facilities, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the solution to be operational by January 1, 2026, or the date the State Department of Health Care Services communicates to the Department of Finance in writing that the solution has been implemented to meet these provisions, whichever date is later.
The bill would require the facilities subject to these provisions to submit accurate and timely data to the solution that includes, among other information, the facility’s license type, whether a bed is available, and the target
population served at the facility. The bill would require the solution and information contained in the solution to be maintained in compliance with state and federal confidentiality laws. The bill would also prohibit the solution and information contained in the solution from being publically available.
The bill would authorize the State Department of Health Care Services to impose a plan of correction against a facility that failed to comply with the requirements of the solution, and if a facility fails to complete a plan of correction, would further authorize the department to impose civil penalties, subject to an appeal and hearing process. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Solution Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund to the State Department of Health Care Services for the
administrative costs of implementing these provisions, it would create an appropriation.
The bill would authorize the State Department of Health Care Services and the State Department of Social Services to enter into exclusive or nonexclusive contracts or amend existing contracts for the purposes of administering or implementing the solution. The bill would exempt contracts entered into or amended or changes to existing information technology systems made pursuant to these provisions from the requirements of the California State Contracts Register, specified requirements for personal services contracts, the State Contract Act, the Statewide Information Management Manual, and the State Administrative Manual. The bill would further exempt these contracts and changes from review or approval by the Department of General Services. The bill would authorize the State Department of Health Care Services to implement, interpret, or make specific these provisions by means of
information notices, provider bulletins, or other similar instructions notwithstanding specific regulatory actions.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5 (commencing with Section 5968) is added to Part 7 of Division 5 of the Welfare and Institutions Code, to read:CHAPTER 5. Availability of Inpatient and Residential Mental Health or Substance Use Disorder Treatment Beds
5968.
(a) (1) The State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, shall develop a solution to collect, aggregate, and display information about beds in all of the following facilities to identify the availability of inpatient and residential mental health or substance use disorder treatment:(A) Supplemental psychiatric services in a general acute care hospital.
(B) Chemical dependency recovery services in a chemical dependency recovery hospital, a distinct part of a general acute care hospital, or an acute psychiatric hospital.
(C) Acute psychiatric hospitals.
(D) Long-term care facilities with a mental health program approval or certification from the State Department of Health Care Services.
(E) Psychiatric health facilities.
(F) Mental health rehabilitation centers.
(G) Inpatient psychiatric facilities.
(H) Crisis stabilization units.
(I) Psychiatric residential treatment facilities.
(J) Community care facilities licensed by the State Department of Social Services pursuant to the California Community Care Facilities Act
(Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) that have a mental health program approval or certification from the State Department of Health Care Services, including the following facilities defined in subdivision (a) of Section 1502 of the Health and Safety Code:
(i) Short-term residential therapeutic programs.
(ii) Children’s crisis residential programs.
(iii) Community treatment facilities.
(iv) Social rehabilitation facilities.
(K) Licensed residential alcoholism or drug abuse recovery or treatment facilities.
(2) The facilities specified in paragraph (1) shall submit accurate and
timely data to the solution in a form and manner prescribed by the State Department of Health Care Services in consultation with the State Department of Public Health and the State Department of Social Services.
(3) The solution shall be operational by January 1, 2026, or the date the department communicates to the Department of Finance in writing that the solution has been implemented to meet this subdivision, whichever date is later.
(b) (1) Except as described in paragraph (3), the solution created pursuant to subdivision (a) shall include, at a minimum, all of the following:
(A) The contact information for the facility’s designated employee.
(B) The facility’s license type.
(C) Whether the facility provides substance use disorder treatment, mental health treatment, medical treatment, or any combination of those treatments.
(D) Whether the bed is secure for the treatment of a person who, as a result of a mental health disorder, is a danger to others or to themselves or gravely disabled, pursuant to Part 1 (commencing with Section 5000).
(E) The types of diagnoses or treatments for which the bed is appropriate.
(F) The age ranges for which the bed is appropriate.
(G) Whether the bed is available.
(H) Whether the bed is available for children subject to a petition, and those adjudicated a dependent, pursuant to Section 300, nonminor dependents as
defined in subdivision (v) of Section 11400, or minors subject to a petition, and those adjudicated a ward, pursuant to Section 601 or 602.
(I) For perinatal residential alcoholism or drug abuse recovery or treatment facilities, whether the bed is available for a minor child of individuals receiving treatment at the facility.
(J) The target populations served at the facility.
(K) The levels of care provided at the facility, including, but not limited to, medically or clinically managed detoxification.
(L) Specific services available, by bed, to assist with determining appropriate placement for treatment, including, but not limited to, medications for addiction treatment.
(M) Type of
payment accepted at the facility.
(2) The solution created pursuant to subdivision (a) shall have the following capabilities, at minimum:
(A) To collect data.
(B) To enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment.
(3) The solution shall not include any information relating to state hospitals under the jurisdiction of the State Department of State Hospitals.
(4) The solution and the information contained therein shall be maintained in a manner that complies with all applicable state and federal confidentiality laws. The solution and the information contained therein shall not be
publicly available, and the State Department of Health Care Services shall limit access to entities authorized by the department in a manner that is consistent with state and federal confidentiality laws.
(c) (1) The State Department of Health Care Services shall have the authority to impose a plan of correction against a facility specified in subdivision (a) that fails to submit data accurately, timely, or as required pursuant to this section.
(2) The department may determine a reasonable length of time for the facility to complete a plan of correction.
(3) The department may issue a notice of imposition of civil money penalties if the facility fails to complete a plan of correction by the time specified. The department may assess penalties against a facility in the amount of one hundred
dollars ($100) per day from the date of notice of imposition of penalties.
(4) A facility may submit a written appeal to the department within 15 working days of the issuance of the notice specified in paragraph (3). The facility shall include any supporting documentation and explain any mitigating circumstances. The department shall make a determination on the appeal within 30 calendar days of receipt of a complete appeal.
(5) A facility may request a formal hearing within 30 calendar days of the department’s determination on the appeal pursuant to paragraph (4). Except for licensed residential alcoholism or drug abuse recovery or treatment facilities, hearings to review the imposition of civil money penalties shall be conducted pursuant to the requirements set forth in Section 100171 of the Health and Safety Code. Civil money penalties against a facility shall continue to accrue
until the effective date of the final decision of the department.
(6) Notwithstanding Section 100171 of the Health and Safety Code, hearings to review the imposition of civil money penalties against licensed residential alcoholism or drug abuse recovery or treatment facilities shall be conducted pursuant to the requirements set forth in Section 11834.37 of the Health and Safety Code.
(7) The State Department of Health Care Services may obtain a court order to recover unpaid civil money penalties against a facility identified in subdivision (a).
(d) The Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Solution Maintenance and Oversight Fund is hereby created in the State Treasury, to be administered and overseen by the State Department of Health Care Services. Civil money
penalties assessed and collected pursuant to this section shall be deposited into this fund. Notwithstanding Section 13340 of the Government Code, the funds deposited in this fund shall be continuously appropriated, without regard to fiscal year, to the State Department of Health Care Services for purposes of funding its administrative costs associated with implementing this section.
(e) The State Department of Health Care Services shall confer with stakeholders to inform implementation of the solution. The department and stakeholders shall consider strategies for facility use of the solution. Stakeholders represented in this process shall include, but are not limited to, all of the following:
(1) The State Department of Public Health.
(2) The State Department of Social Services.
(3) Organizations representing providers, consumers, and family members.
(4) Organizations that have experience providing inpatient psychiatric level of care or services in a general acute care hospital, chemical dependency recovery hospital, or an acute psychiatric hospital.
(5) Organizations that have experience providing services in licensed long-term care facilities with a mental health program approval or certification from the State Department of Health Care Services.
(6) Organizations that have experience providing psychiatric crisis stabilization.
(7) Organizations that have experience providing services in community care facilities with a mental health program approval or
certification from the State Department of Health Care Services, psychiatric health facilities, psychiatric residential treatment facilities, and mental health rehabilitation centers.
(8) Organizations that have experience providing residential alcoholism or drug abuse recovery or treatment services.
(f) (1) The State Department of Health Care Services and the State Department of Social Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for the purposes of administering or implementing the requirements of this section.
(2) Notwithstanding any other law, contracts entered into or amended or changes to existing information technology systems made pursuant to this section shall be exempt from Chapter 6 (commencing with Section
14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual and shall be exempt from the review or approval of any division of the Department of General Services.
(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices, provider bulletins, or other similar instructions, without further regulatory action.
