Bill Text: CA AB512 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Medi-Cal: specialty mental health services.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB512 Detail]

Download: California-2019-AB512-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 512


Introduced by Assembly Member Ting

February 13, 2019


An act to amend Section 14684 of the Welfare and Institutions Code, relating to Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


AB 512, as introduced, Ting. Medi-Cal: specialty mental health services.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive healthcare services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to implement managed mental healthcare for Medi-Cal beneficiaries through contracts with mental health plans, and requires mental health plans to be governed by various guidelines, including a requirement that a mental health plan assess the cultural competency needs of the program.
This bill would require each mental health plan to prepare a cultural competency assessment plan to address, among other things, disparities in access, utilization, and outcomes by race, ethnicity, language, sexual orientation, gender identity, and immigration status. The bill would require a mental health plan to convene a committee for the purpose of reviewing and approving the cultural competency assessment plan, as described. The bill would require a mental health plan to submit its cultural competency assessment plan to the department every 3 years for technical assistance and implementation feedback, and would require the department to post the cultural competency assessment plan submitted by each plan to its internet website. The bill would require the department to consult with the Office of Health Equity and the California Surgeon General to review county assessments and statewide performance on disparities reductions. The bill would require the department to direct an external quality review organization to develop a protocol for monitoring performance of each mental health plan, as described, and would require the plan to meet specified disparities reduction targets every 3 years.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Mental health is a vital aspect of an individual’s overall well-being.
(b) Disparities in access to mental health services vary across demographic groups, including race, age, gender, income level, and immigration status.
(c) Immigrant communities across California have experienced heightened levels of stress and anxiety in light of today’s political climate, which has resulted in reduced utilization of state administered assistance programs and reduced incidence of crime reporting by communities of color.
(d) Disparities in mental health services can be reduced or eliminated by addressing barriers to the mental healthcare system and improving outreach strategies.
(e) Investing in mental health services that are culturally and linguistically appropriate are crucial in identifying, preventing, and alleviating mental health conditions for historically disenfranchised groups, such as communities of color, the lesbian, gay, bisexual, and transgender community, and the undocumented.
(f) Early detection and intervention for mental health conditions among vulnerable communities is inherent to overall community wellness and safety.

SEC. 2.

 Section 14684 of the Welfare and Institutions Code is amended to read:

14684.
 (a)Notwithstanding any other provision of state law, and to the extent permitted by federal law, a mental health plans, plan, whether administered by public or private entities, shall be governed by the following guidelines:

(1)

(a) State and federal Medi-Cal funds identified for the diagnosis and treatment of mental illness shall be used solely for those purposes. Administrative costs incurred by counties a county for activities necessary for the administration of the mental health plan shall be clearly identified and shall be reimbursed in a manner consistent with federal Medicaid requirements and the approved Medicaid state plan and waivers. Administrative requirements shall be based on and limited to federal Medicaid requirements and the approved Medicaid state plan and waivers, and shall not impose costs exceeding funds available for that purpose.

(2)

(b) The development of the a mental health plan shall include a public planning process that includes a significant role for Medi-Cal beneficiaries, family members, mental health advocates, providers, and public and private contract agencies.

(3) The

(c) A mental health plan shall include appropriate standards relating to quality, access, and coordination of services within a managed system of care, and costs established under the plan, and shall provide opportunities for existing Medi-Cal providers to continue to provide services under the mental health plan, as long as the providers meet those standards.

(4)

(d) Continuity of care for current recipients of services shall be ensured in the transition to managed mental health care. healthcare.

(5)

(e) Medi-Cal covered specialty mental health services shall be provided in the beneficiary’s home community, or as close as possible to the beneficiary’s home community. Pursuant to the objectives of the rehabilitation option described in subdivision (a) of Section 14021.4, mental health services may be provided in a facility, a home, or other community-based site.

(6)

(f) Medi-Cal beneficiaries whose mental or emotional condition results or has resulted in functional impairment, as defined by the department, shall be eligible for covered specialty mental health services. Emphasis shall be placed on adults with serious and persistent mental illness and children with serious emotional disturbances, as defined by the department.

(7)Mental health plans

(g) A mental health plan shall provide specialty mental health services to eligible Medi-Cal beneficiaries, including both adults and children. Specialty mental health services include Early and Periodic Screening, Diagnosis, and Treatment Services to eligible Medi-Cal beneficiaries under the age of 21 pursuant to 42 U.S.C. Section 1396d(a)(4)(B) of Title 42 of the United States Code.

(8)Each

(h) A mental health plan shall include a mechanism for monitoring the effectiveness of, and evaluating accessibility and quality of, services available. The plan shall utilize and be based upon state-adopted performance outcome measures and shall include review of individual service plan procedures and practices, a beneficiary satisfaction component, and a grievance system for beneficiaries and providers.

(9)Each

(i) A mental health plan shall provide for culturally competent and age-appropriate services, to the extent feasible. The A mental health plan shall assess the cultural competency needs of the program. The program, and prepare a cultural competency assessment plan, as specified in this paragraph. A mental health plan shall include, as part of the quality assurance program required by Section 14725, a process to accommodate the significant needs with reasonable timeliness. The department shall provide demographic data and technical assistance. Performance outcome measures shall include a reliable method of measuring and reporting the extent to which services are culturally competent and age-appropriate.

(b)This section shall become operative on July 1, 2012.

(1) The cultural competency assessment plan shall address, but not be limited to, all of the following:
(A) Disparities in access, utilization, and outcomes by race, ethnicity, language, sexual orientation, gender identity, and immigration status, to the extent data is available.
(B) Annual performance targets for reducing disparities in access, utilization, and outcomes.
(C) Designated strategies for reaching performance targets, including the mental health plan’s rationale for each strategy.
(D) The mental health plan’s performance on prior performance targets.
(E) The mental health plan’s strategies for addressing trauma and developing trauma-informing services.
(F) The process for community input, including a list of community entities participating.
(2) A mental health plan shall convene a committee, through open invitation to relevant stakeholders, including, but not limited to, agency and department representatives, consumer advocates, consumers, disparities reduction experts, and providers, for the purpose of reviewing and approving the cultural competency assessment plan. The committee shall convene monthly either in person or through electronic means, and meetings shall be open and accessible to the public.
(3) A mental health plan shall annually update its cultural competency assessment plan, in coordination with the committee, to reflect population changes.
(4) A mental health plan shall submit the cultural competency assessment plan to the department every three years for technical assistance and implementation feedback. The department shall post the cultural competency assessment plan submitted by each plan to its internet website for public review.
(5) (A) The department shall consult with the Office of Health Equity and the California Surgeon General to review county assessments and statewide performance on disparities reduction.
(B) The review specified in subparagraph (A) shall include an assessment about the extent to which strategies utilize both evidence-based and community-defined best practices, and shall address documented disparities, including progress about performance targets.
(6) The department shall direct an external quality review organization, as described in Section 14717.5, to develop a protocol for monitoring performance on established disparities reduction targets for each mental health plan. In creating this protocol, the department shall consult with consumer advocates, consumers, experts in disparities reduction, and providers.
(7) The department shall require each mental health plan to meet specified disparities reduction targets every three years.

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