Bill Text: CA AB2242 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mental health services.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 867, Statutes of 2022. [AB2242 Detail]
Download: California-2021-AB2242-Amended.html
NOYES
Local Program:
NOYES
Where When the conservator has been appointed as conservator of the estate, the conservator shall, for a reasonable time, continue to have such power and
the authority over the estate as that the superior court, on petition by the conservator, may deem deems necessary for (1) the collection of assets or income which that accrued during the period of conservatorship, but were uncollected before the date of termination, (2) the payment of expenses which
that
accrued during period of conservatorship and of which the conservator was notified prior to termination, but were unpaid before the date of termination, and (3) the completion of sales of real property where when the only act remaining at the date of termination is the actual transfer of title. If division division, including the all of the following:SECTION 1.
Bill Title: Mental health services.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 867, Statutes of 2022. [AB2242 Detail]
Download: California-2021-AB2242-Amended.html
|
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2242
| Introduced by Assembly Member Santiago |
February 16, 2022 |
An act to amend Sections 5361 and 5402 of, and to add Sections 5014, 5257.5, 5402.5, and 5899.3 to, the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2242, as amended, Santiago.
Mental health: involuntary commitment. health services.
(1) Existing law, the Lanterman-Petris-Short Act (the Act), authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. The act also authorizes a conservator of the person, of the
estate, or of both, to be appointed for a person who is gravely disabled as a result of a mental health disorder.
This bill, on or before July 1, 2023, would require the State Department of State Hospitals to create a model discharge plan for counties and hospitals to follow when discharging those held under temporary holds or a conservatorship. The bill would require county mental health departments to collaborate with facilities and hospitals to develop, implement, and adhere to an adequate discharge plan that ensures continuity of services and care in the community for all individuals exiting holds or a conservatorship and to implement that plan across the entire network of acute and subacute facilities on or before February 1, 2024. The bill would require the county discharge plan to require that an individual exiting a temporary hold or a conservatorship
be provided with a detailed treatment plan that includes a scheduled first appointment with their referred service provider and that establishes a team of 2 or more service providers designated to assist the individual for up to 6 months, as specified. By placing additional duties on counties, this bill would impose a state-mandated local program.
This bill would prohibit a county from discharging an individual from a hold unless the first followup appointment, made in conformance to the detailed treatment plan, is scheduled and the appointment information has been provided to the individual. The bill would also require a facility discharging a conservatee to establish a detailed treatment plan, schedule the first followup appointment, and provide the individual with the appointment information. The bill would require a service provider to whom a person released from hold or a conservatorship is referred for services to make a good faith effort to contact the
referred individual no less than 3 times, either by email, telephone, mail, or in-person outreach.
(2) Existing law requires the State Department of Health Care Services to collect and publish annually quantitative information concerning the operation of the Act, including the number of persons admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment. Existing law requires each local mental health director, and each facility providing services under the Act, to provide the department with any records, information, or reports that the department deems necessary to make that report.
This bill would add
demographic information to these requirements. The bill would authorize the department to impose an administrative penalty of up to $10,000 on a local government if the information requested is not provided by the local government or is inaccurate or incomplete, as specified. By placing new requirements on local governments, this bill would impose a state-mandated local program.
(3) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The MHSA also established the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act.
This bill, to the extent permitted under state and federal law and consistent with the
Mental Health Services Act and for the purposes of the above-mentioned provisions of the Lanterman-Petris-Short Act, would clarify that counties may pay for the services authorized in those provisions using funds from the Mental Health Services Fund when included in county plans, as specified, and would also authorize counties to pay for those services with specified funds from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would require the State Department of Health Care Services to, on or before July 1, 2023, issue guidance specifying which services authorized under the Lanterman-Petris-Short Act may be paid by counties with funds from the Mental Health Services Fund.
This bill would require the commission to develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data, as
specified. The bill would require counties to report to the commission its expenses in specific categories, including, but not limited to, inpatient care or intensive outpatient services, as well as their unspent funding from all major funding sources. By imposing new reporting requirements on counties, this bill would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes various programs that provide services to people with mental illness at the state and local levels. Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders, including short-term evaluation and treatment, treatment of longer duration, and conservatorship for people who are deemed gravely disabled, as defined.
This bill would state the intent of the Legislature to enact legislation that would reform California’s mental health care system, including the Lanterman-Petris-Short Act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5014 is added to the Welfare and Institutions Code, to read:5014.
(a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, all of the following apply for purposes of Article 1 (commencing with Section 5150) and Article 4 (commencing with Section 5250) of Chapter 2 and Chapter 3 (commencing with Section 5350):(1) Counties may pay for the provision of services using funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011, funds from the Mental Health Services Fund when included in county plans
pursuant to Section 5847, and any other funds from which the Controller makes distributions to the counties for those purposes.
(2) A person shall not be denied access to services funded by the Mental Health Services Fund based solely on the person’s voluntary or involuntary legal status.
(3) Counties shall not use funds from the Mental Health Services Fund to pay for more than one cumulative year of acute or subacute care services provided to a person under a conservatorship established pursuant to Section 5350 for each established conservatorship, including any succeeding periods of conservatorship.
(b) On or before July 1, 2023, the State Department of Health Care Services shall issue guidance specifying which services authorized under Article 1 (commencing with Section 5150) and Article 4 (commencing with Section
5250) of Chapter 2 and Chapter 3 (commencing with Section 5350) may be paid by counties with funds from the Mental Health Services Fund.
SEC. 2.
Section 5257.5 is added to the Welfare and Institutions Code, to read:5257.5.
(a) The county shall not discharge an individual from a hold unless the first followup appointment, made in conformance to the detailed treatment plan required by Section 5402.5, is scheduled and the appointment information has been provided to the individual.(b) The service provider to whom the individual has been referred shall make a good faith effort to contact the referred individual no less than three times, either by email, telephone, mail, or in-person outreach.
SEC. 3.
Section 5361 of the Welfare and Institutions Code is amended to read:5361.
(a) Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court. The period of service of a temporary conservator shall not be included in the one-year period.(b) If, upon the termination of an initial or a succeeding period of conservatorship
conservatorship, the conservator determines that conservatorship is still required, he the conservator may petition the superior court for his reappointment as conservator for a succeeding one-year period. The petition must shall include the opinion of two physicians or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders that the conservatee is still gravely disabled as a result of
mental disorder or impairment by chronic alcoholism. In the event that If the conservator is unable to obtain the opinion of two physicians or psychologists, he the conservator shall request that the court appoint them.
Any
(c) (1) A facility in which a conservatee is placed must shall release the conservatee at his the conservatee’s request when the conservatorship terminates. A petition for reappointment filed by the conservator or a petition for appointment filed by a public guardian shall be transmitted to the facility at least 30 days before the automatic termination date. The facility may detain the conservatee after the end of the termination date only if the conservatorship proceedings have not been completed and the court orders the conservatee to be held until the proceedings have been completed.
(2) The facility shall, prior to discharging the conservatee, establish a detailed treatment plan in conformance with Section 5402.5, schedule the first followup appointment, and provide the individual with the appointment information.
(3) A service provider to whom an individual leaving a facility has been referred shall make a good faith effort to contact the referred individual no less than three times, either by email, telephone, mail, or in-person outreach.
SEC. 4.
Section 5402 of the Welfare and Institutions Code is amended to read:5402.
(a) The State Department of Health Care Services shall collect and publish annually quantitative information concerning the operation of this(1) The
number of persons admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, the treatment.
(2) The number of persons transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, the
Code.
(3) The number of persons for whom temporary conservatorships are established, and the established.
(4) The
number of persons for whom conservatorships are established in each county.
(5) Demographic data that includes, but is not limited to, race, ethnicity, gender, and age of the persons in paragraphs (1) to (4), inclusive.
(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, with any information, records, demographic data, and reports which that the
department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.
(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only.
(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
(e) (1) The department may impose an administrative civil penalty of up to ten thousand dollars ($10,000) on a local government if the local government fails to provide information pursuant to this section or if the local government fails to provide accurate or complete information.
(2) In making a determination whether to impose a penalty pursuant to this subdivision, or in determining the continuation of a penalty, the department shall consider whether there are any mitigating circumstances preventing the local government from reporting data or from providing complete data. The department may choose to work with the local government to help it get the necessary data to be compliant. The department may also consider whether a local government is making a good faith effort to provide the accurate information required pursuant to this section.
SEC. 5.
Section 5402.5 is added to the Welfare and Institutions Code, to read:5402.5.
(a) On or before July 1, 2023, the State Department of Health Care Services shall collaborate with the State Department of State Hospitals to create a model discharging plan for counties and hospitals to follow when discharging those held under temporary holds or a conservatorship.(b) (1) Each county mental health department shall collaborate with facilities and hospitals to develop, implement, and adhere to an adequate discharge plan that ensures continuity of services and care in the community for all individuals exiting holds or a conservatorship pursuant to this part. The county discharge plan shall require that an individual exiting a temporary hold or a conservatorship be provided with a detailed treatment plan
that includes a scheduled first appointment with their referred service provider and that establishes a team of two or more service providers designated to assist the individual exiting the temporary hold or conservatorship for up to six months on their individualized treatment plan and ensure continuity of services and care in the community.
(2) The discharge plan shall be implemented across the entire network of acute and subacute facilities on or before February 1, 2024. Counties may adopt the model plan created by the department for this purpose.
(c) Each county shall fund the implementation of the plan to link individuals exiting holds or a conservatorship to a broad continuum of community-based programs and services, including assisted outpatient treatment if the person is eligible for those services. A county may use Mental Health Services Act funds for this purpose, to the
extent that use is consistent with the act and included in the county’s expenditure plan developed pursuant to Section 5847.
SEC. 6.
Section 5899.3 is added to the Welfare and Institutions Code, to read:5899.3.
(a) The Mental Health Services Oversight and Accountability Commission shall develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data. The framework shall, at minimum, do all of the following:(1) Include balances of all major, relevant funding sources, including balances of unspent MHSA funds. Funding shall include specificity about how counties spend funds within the broad MHSA categories, including, but not limited to, how funds support specific types of services such as crisis intervention or housing programs.
(2) Articulate information about the programs and services counties provide and the populations they serve, statewide and for each county, using those funds.
(3) Report broader outcomes that show the extent to which the state’s entire mental health system is helping people in need.
(b) To develop the framework required in subdivision (a), the commission shall do all of the following:
(1) Consult with state and local mental health authorities to develop and implement the framework.
(2) Consider utilizing available data and information when developing the reporting framework. The commission may obtain relevant data and information from other state entities for this purpose.
(3) Develop categories of mental health programs and services that are tailored to inform assessments of spending patterns.
(4) Develop statewide measurements of mental health and report publicly about those measurements annually on the commission’s internet website.
(5) Work with counties and other state and local agencies, as necessary, to use the information the commission collects to improve mental health in California.
(c) Each county shall report to the commission its expenses in specific categories, including, but not limited to, inpatient care or intensive outpatient services, as well as their unspent funding from all major funding sources. Reporting shall be done in a format prescribed by the commission.
SEC. 7.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.It is the intent of the Legislature to enact legislation that would reform California’s mental health care system, including the Lanterman-Petris-Short Act.
