Bill Text: CA AB1688 | 2017-2018 | Regular Session | Amended
Bill Title: Community health services: California Mental Health Planning Council, California Children’s Services program, Alameda County pilot program, and Medi-Cal managed care.
Spectrum: Committee Bill
Status: (Passed) 2017-10-05 - Chaptered by Secretary of State - Chapter 511, Statutes of 2017. [AB1688 Detail]
Download: California-2017-AB1688-Amended.html
Amended
IN
Senate
September 01, 2017 |
Amended
IN
Senate
July 17, 2017 |
Amended
IN
Senate
July 03, 2017 |
Amended
IN
Senate
June 19, 2017 |
Amended
IN
Senate
June 08, 2017 |
Amended
IN
Assembly
March 16, 2017 |
Assembly Bill | No. 1688 |
Introduced by Committee on Health (Assembly Members Wood (Chair), Maienschein (Vice Chair), Bonta, Burke, Gallagher, Limón, McCarty, Rodriguez, Santiago, and Waldron) |
February 22, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 128456 of the Health and Safety Code is amended to read:128456.
In developing the program established pursuant to this article, the Health Professions Education Foundation shall solicit the advice of representatives of the Board of Behavioral Sciences, the Board of Psychology, the State Department of Health Care Services, the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, professional mental health care organizations, the California Healthcare Association, the Chancellor of the California Community Colleges, and the Chancellor of the California State University. The foundation shall solicit the advice of representatives who reflect the demographic, cultural, and linguistic diversity of the state.SEC. 2.
Section 4033 of the Welfare and Institutions Code is amended to read:4033.
(a) The State Department of Health Care Services shall, to the extent resources are available, comply with the Substance Abuse and Mental Health Services Administration federal planning requirements. The department shall update and issue a state plan, which may also be any federally required state service plan, so that citizens may be informed regarding the implementation of, and long-range goals for, programs to serve mentally ill persons in the state. The department shall gather information from counties necessary to comply with this section.SEC. 3.
Section 5400 of the Welfare and Institutions Code is amended to read:5400.
(a) The Director of Health Care Services shall administer this part and shall adopt rules, regulations, and standards as necessary. In developing rules, regulations, and standards, the Director of Health Care Services shall consult with the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, and the office of the Attorney General. Adoption of these standards, rules, and regulations shall require approval by the County Behavioral Health Directors Association of California by majority vote of those present at an official session.SEC. 4.
Section 5514 of the Welfare and Institutions Code is amended to read:5514.
There shall be a five-person Patients’ Rights Committee formed through the California Behavioral Health Planning Council. This committee, supplemented by two ad hoc members appointed by the chairperson of the committee, shall advise the Director of Health Care Services and the Director of State Hospitals regarding department policies and practices that affect patients’ rights. The committee shall also review the advocacy and patients’ rights components of each county mental health plan or performance contract and advise the Director of Health Care Services and the Director of State Hospitals concerning the adequacy of each plan or performance contract in protecting patients’ rights. The ad hoc members of the committee shall be persons with substantial experience in establishing and providing independent advocacy services to recipients of mental health services.SEC. 5.
Section 5604.2 of the Welfare and Institutions Code is amended to read:5604.2.
(a) The local mental health board shall do all of the following:SEC. 6.
Section 5610 of the Welfare and Institutions Code is amended to read:5610.
(a) Each county mental health system shall comply with reporting requirements developed by the State Department of Health Care Services, in consultation with the California Behavioral Health Planning Council and the Mental Health Services Oversight and Accountability Commission, which shall be uniform and simplified. The department shall review existing data requirements to eliminate unnecessary requirements and consolidate requirements which are necessary. These requirements shall provide comparability between counties in reports.SEC. 7.
Section 5614.5 of the Welfare and Institutions Code is amended to read:5614.5.
(a) The department, in consultation with the Quality Improvement Committee which shall include representatives of the California Behavioral Health Planning Council, local mental health departments, consumers and families of consumers, and other stakeholders, shall establish and measure indicators of access and quality to provide the information needed to continuously improve the care provided in California’s public mental health system.SEC. 8.
Section 5664 of the Welfare and Institutions Code is amended to read:5664.
In consultation with the County Behavioral Health Directors Association of California, the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, the California Behavioral Health Planning Council, and the California Health and Human Services Agency, county behavioral health systems shall provide reports and data to meet the information needs of the state, as necessary.SEC. 9.
Section 5701.1 of the Welfare and Institutions Code is amended to read:5701.1.
Notwithstanding Section 5701, the State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California and the California Behavioral Health Planning Council, may utilize funding from the Substance Abuse and Mental Health Services Administration Block Grant, awarded to the State Department of Health Care Services, above the funding level provided in federal fiscal year 1998, for the development of innovative programs for identified target populations, upon appropriation by the Legislature.SEC. 10.
Section 5750 of the Welfare and Institutions Code is amended to read:5750.
The State Department of Health Care Services shall administer this part and shall adopt standards for the approval of mental health services, and rules and regulations necessary thereto. However, these standards, rules, and regulations shall be adopted only after consultation with the County Behavioral Health Directors Association of California and the California Behavioral Health Planning Council.SEC. 11.
Section 5771 of the Welfare and Institutions Code is amended to read:5771.
(a) Pursuant to Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law.SEC. 12.
Section 5771.1 of the Welfare and Institutions Code is amended to read:5771.1.
The members of the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845 are members of the California Behavioral Health Planning Council. They serve in an ex officio capacity when the council is performing its statutory duties pursuant to Section 5772. This membership does not affect the composition requirements for the council specified in Section 5771.SEC. 13.
Section 5771.3 of the Welfare and Institutions Code is amended to read:5771.3.
The California Behavioral Health Planning Council may utilize staff of the State Department of Health Care Services, to the extent they are available, and the staff of any other public or private agencies that have an interest in the mental health or substance use disorders, or both, of the public and that are able and willing to provide those services.SEC. 14.
Section 5771.5 of the Welfare and Institutions Code is amended to read:5771.5.
(a) (1) The Chairperson of the California Behavioral Health Planning Council, with the concurrence of a majority of the members of the California Behavioral Health Planning Council, shall appoint an executive officer who shall have those powers delegated to him or her by the council in accordance with this chapter.SEC. 15.
Section 5772 of the Welfare and Institutions Code is amended to read:5772.
The California Behavioral Health Planning Council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:SEC. 16.
Section 5814 of the Welfare and Institutions Code is amended to read:5814.
(a) (1) This part shall be implemented only to the extent that funds are appropriated for purposes of this part. To the extent that funds are made available, the first priority shall go to maintain funding for the existing programs that meet adult system of care contract goals. The next priority for funding shall be given to counties with a high incidence of persons who are severely mentally ill and homeless or at risk of homelessness, and meet the criteria developed pursuant to paragraphs (3) and (4).SEC. 17.
Section 5820 of the Welfare and Institutions Code is amended to read:5820.
(a) It is the intent of this part to establish a program with dedicated funding to remedy the shortage of qualified individuals to provide services to address severe mental illnesses.SEC. 18.
Section 5821 of the Welfare and Institutions Code is amended to read:5821.
(a) The California Behavioral Health Planning Council shall advise the Office of Statewide Health Planning and Development on education and training policy development and provide oversight for education and training plan development.SEC. 19.
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 voting members as follows:SEC. 20.
Section 5848 of the Welfare and Institutions Code is amended to read:5848.
(a) Each three-year program and expenditure plan and update shall be developed with local stakeholders, including adults and seniors with severe mental illness, families of children, adults, and seniors with severe mental illness, providers of services, law enforcement agencies, education, social services agencies, veterans, representatives from veterans organizations, providers of alcohol and drug services, health care organizations, and other important interests. Counties shall demonstrate a partnership with constituents and stakeholders throughout the process that includes meaningful stakeholder involvement on mental health policy, program planning, and implementation, monitoring, quality improvement, evaluation, and budget allocations. A draft plan and update shall be prepared and circulated for review and comment for at least 30 days to representatives of stakeholder interests and any interested party who has requested a copy of the draft plans.SEC. 21.
Section 5892 of the Welfare and Institutions Code, as amended by Section 13 of Chapter 38 of the Statutes of 2017, is amended to read:5892.
(a) In order to promote efficient implementation of this act, the county shall use funds distributed from the Mental Health Services Fund as follows:SEC. 22.
Section 5897 of the Welfare and Institutions Code is amended to read:5897.
(a) Notwithstanding any other state law, the State Department of Health Care Services shall implement the mental health services provided by Part 3 (commencing with Section 5800), Part 3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850) through contracts with county mental health programs or counties acting jointly. A contract may be exclusive and may be awarded on a geographic basis. For purposes of this section, a county mental health program includes a city receiving funds pursuant to Section 5701.5.SEC. 23.
Section 14094.18 of the Welfare and Institutions Code is amended to read:14094.18.
(a) (1) The department shall contract with an independent entity that has experience in performing robust program evaluations to conduct an evaluation to assess Medi-Cal managed care plan performance and the outcomes and the experience of CCS-eligible children and youth participating in the Whole Child Model program, including access to primary and specialty care, and youth transitions from Whole Child Model program to adult Medi-Cal coverage.SEC. 24.
Section 14102.5 of the Welfare and Institutions Code is amended to read:14102.5.
(a) The department shall, in collaboration with the Exchange, the counties, consumer advocates, and the Statewide Automated Welfare System consortia, develop and prepare one or more reports that shall be issued on at least a(d)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis until regulations have been adopted.
(e)This section shall become operative on January 1, 2014.