Bill Text: CA AB2506 | 2009-2010 | Regular Session | Amended

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Bill Title: Mental health: medical transportation services.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-20 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2506 Detail]

Download: California-2009-AB2506-Amended.html

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BILL NUMBER: AB 2506	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member  Audra Strickland 
 Carter 

                        FEBRUARY 19, 2010

    An act relating to mental health.   An act
to amend Section 5604.2 of the Welfare and Institutions Code,
relating to mental health. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2506, as amended,  Audra Strickland  
Carter  . Mental health:  involuntary treatment.
  medical transportation services.  
   Existing law, the Bronzan-McCorquodale Act, contains provisions
governing the operation and financing of community mental health
services for the mentally disordered in every county through locally
administered and locally controlled community mental health programs.
Existing law requires the board of supervisors of every county, or
the boards of supervisors of counties acting jointly, as prescribed,
to establish a community mental health service to cover the entire
area of the county or counties. Existing law requires each community
mental health service to establish a mental health board, with
specified powers and duties. The mental health board may be
established as an advisory board or a commission, depending on the
preference of the county.  
   This bill would require each mental health board or commission to
facilitate the development and implementation of a written memorandum
of understanding (MOU) between emergency and nonemergency medical
transportation entities, local law enforcement, Medi-Cal managed care
mental health plans, general acute care hospitals, and acute
psychiatric hospitals, to provide for the delivery of emergency and
nonemergency medical transportation services for individuals with
mental illness. This bill would require that the MOU be developed and
implemented not later than one year after the date that this measure
becomes effective. If the mental health board or commission fails to
facilitate the development and implementation of the MOU within the
specified time, the bill would require the board of supervisors in
each county, or the boards of supervisors of counties acting jointly,
to develop and implement the MOU. By increasing county duties with
respect to community mental health services, 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 these
statutory provisions.  
   Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary detention and treatment for up to 72 hours of any person
with a mental disorder who, as a result of the mental disorder, is a
danger to others or to himself or herself, or is gravely disabled.
 
   Existing law establishes various requirements with respect to
determinations to be made by a psychiatrist directly responsible for
a person's treatment for the initial detention for evaluation and
treatment under the act, for various subsequent periods of
confinement for treatment under the act, and for the release of any
person subject to the act.  
   This bill would state the intent of the Legislature to enact
legislation that would improve the requirements for involuntary
treatment of individuals with mental disorders who are placed into a
mental facility pursuant to these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature hereby finds and
declares all of the following:  
   (a) Currently, no county interagency systems exist in California
to provide for emergency and nonemergency medical transportation
services for individuals with mental illness.  
   (b) Legislation is needed to facilitate appropriate emergency and
nonemergency medical transportation services for individuals with
mental illness and to increase the coordination, quality, efficacy,
and efficiency of service delivery to these individuals. 
   SEC. 2.    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:
   (1) Review and evaluate the community's mental health needs,
services, facilities, and special problems.
   (2) Review any county agreements entered into pursuant to Section
5650.
   (3) Advise the governing body and the local mental health director
as to any aspect of the local mental health program.
   (4) Review and approve the procedures used to ensure citizen and
professional involvement at all stages of the planning process.
   (5) Submit an annual report to the governing body on the needs and
performance of the county's mental health system.
   (6) Review and make recommendations on applicants for the
appointment of a local director of mental health services. The board
shall be included in the selection process prior to the vote of the
governing body.
   (7) Review and comment on the county's performance outcome data
and communicate its findings to the California Mental Health Planning
Council. 
   (8) Facilitate the development and implementation of a written
memorandum of understanding (MOU) between emergency and nonemergency
medical transportation entities, local law enforcement, Medi-Cal
managed care mental health plans, general acute care hospitals, and
acute psychiatric hospitals, to provide for the delivery of emergency
and nonemergency medical transportation services for individuals
with mental illness. The MOU shall be developed and implemented not
later than one year after the effective date of the act that adds
this paragraph. If the board fails to facilitate the development and
implementation of the MOU pursuant to this paragraph, the board of
supervisors in each county, or the boards of supervisors of counties
acting jointly, shall develop and implement the MOU.  
   (8) 
    (b)  Nothing in this part shall be construed to limit
the ability of the governing body to transfer additional duties or
authority to a mental health board. 
   (b) 
    (c)  It is the intent of the Legislature that, as part
of its duties pursuant to subdivision (a), the board shall assess the
impact of the realignment of services from the state to the county,
on services delivered to clients and on the local community.
   SEC. 3.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would improve the requirements for
involuntary treatment of individuals with mental disorders who are
placed into a mental facility pursuant to Section 5150 of the Welfare
and Institutions Code.