Amended  IN  Assembly  May 20, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2265

Introduced by Assembly Member Quirk-Silva
(Coauthor: Senator Beall)

February 14, 2020

An act to add Section 5891.5 to the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2265, as amended, Quirk-Silva. Mental Health Services Act: use of funds for substance use disorder treatment.
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, funds a system of county mental health plans for the provision of mental health services, as specified. The act establishes the Mental Health Services Fund, which is continuously appropriated to, and administered by, the State Department of Health Care Services to fund specified county mental health programs.
This bill would authorize funding from the MHSA to be used to treat a person with cooccurring mental health and substance use disorders when the person would be eligible for treatment of the mental health disorder pursuant to the MHSA. The bill would also authorize the use of MHSA funds to assess whether a person has cooccurring mental health and substance use disorders and to treat a person who is preliminarily assessed to have cooccurring mental health and substance use disorders, even when the person is later determined not to be eligible for services provided with MHSA funds. The bill would require a person being treated for cooccurring mental health and substance use disorders who is determined to not need the mental health services that are eligible for funding pursuant to the act, to be, as quickly as possible, referred to substance use disorder treatment services. By authorizing the use of continuously appropriated funds for a new purpose, this bill would make an appropriation.
This bill would require a county that elects to use funding for the above purposes to report specified information to the State Department of Health Care Services, including the policies and practices and the outcomes achieved. Services the number of people assessed for cooccurring mental health and substance use disorders and the number of people who were ultimately determined to have only a substance use disorder without another cooccurring mental health condition. The bill would also require the department, by January 1, 2022, and each January 1 thereafter, to publish on its internet website a report summarizing the county data for the prior fiscal year. By imposing a new duty on counties, this bill would impose a state-mandated local program.
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.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5891.5 is added to the Welfare and Institutions Code, to read:

5891.5.
 (a) (1) Funding established pursuant to the Mental Health Services Act (MHSA) may be used to treat a person with cooccurring mental health and substance use disorders when the person would be eligible for treatment of the mental health disorder pursuant to the MHSA. The MHSA includes persons with a serious mental disorder and a diagnosis of substance abuse in the definition of persons who are eligible for MHSA services in Sections 5878.2 and 5813.5, which reference paragraph (2) of subdivision (b) of Section 5600.
(2) Treatment of cooccurring mental health and substance use disorders shall be identified in a county’s three-year program and expenditure plan or annual update, as required by Section 5847.
(b) (1) When a person being treated for cooccurring mental health and substance use disorders pursuant to subdivision (a) is determined to not need the mental health services that are eligible for funding pursuant to the MHSA, the county shall, as quickly as possible, refer the person receiving treatment to substance use disorder treatment services.
(2) Funding established pursuant to the MHSA may be used to assess whether a person has cooccurring mental health and substance use disorders and to treat a person who is preliminarily assessed to have cooccurring mental health and substance use disorders, even when the person is later determined not to be eligible for services provided with funding established pursuant to the MHSA.
(c) (1)A county that elects to use funding as authorized in this section shall report to the department on the policies and practices and on the outcomes achieved department, in a form and manner determined by the department. department, both of the following:

(2)County reporting shall include, but not be limited to, all of the following:

(A)

(1) The number of people assessed for cooccurring mental health and substance use disorders.

(B)

(2) The number of people assessed for cooccurring mental health and substance use disorders who have a mental health diagnosis, the number of those who were eligible for services using MHSA funds, and the number who received recommended services. were ultimately determined to have only a substance use disorder without another cooccurring mental health condition.

(C)The number of people assessed for cooccurring mental health and substance use disorders who have a substance use disorder, the number of those who were eligible for services using MHSA funds during the assessment period, and the number who received recommended services during the assessment period.

(D)The number of people assessed for cooccurring mental health and substance use disorders who have both a mental health diagnosis and a substance use disorder, the number of those who were eligible for services using MHSA funds, and the number who received recommended services.

(d)A county may, with approval from the department, submit individually identifiable data, in a manner determined by the department that is consistent with state and federal data-sharing requirements, that is required to enable the department to produce an annual report on the outcomes associated with this section.

(e)

(d) The department shall by January 1, 2022, and each January 1 thereafter, publish on its internet website a report summarizing county activities pursuant to this section for the prior fiscal year. Data shall be reported statewide and by county or groupings of counties, as necessary to protect the private health information of persons assessed.

SEC. 2.

 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.