Bill Text: CA AB826 | 2019-2020 | Regular Session | Amended
Bill Title: Emergency food assistance: COVID-19.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2020-09-29 - Vetoed by Governor. [AB826 Detail]
Download: California-2019-AB826-Amended.html
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
March 21, 2019 |
Assembly Bill | No. 826 |
Introduced by Assembly Member Reyes |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would instead require the California Health and Human Services Agency to issue, no later than July 1, 2020, policy guidance concerning the determination of the county of responsibility, defined as the county determined by the county placing agency through a specified process to be responsible for providing or arranging for specialty mental health services for a foster youth placed in an STRTP. Under the bill, determination of the
county of responsibility would be applied on a case-by-case basis for each foster youth, based on a recommendation from the interagency placement committee, or other entity as permitted, that considers input from the child and family team. The bill would make conforming changes to provisions relating to mental health plans. By creating new duties for county placing agencies with regard to the determination of the county of responsibility, the bill would impose a state-mandated local program.
The bill would require the department to develop standardized forms and processes to be used by mental health plans when contracting with providers of EPSDT specialty mental health services, and to seek any federal waivers or state plan amendments necessary to carry out those duties.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 14714 of the Welfare and Institutions Code is amended to read:14714.
(a) (1) Except as otherwise specified in this chapter, a contract entered into pursuant to this chapter shall include a provision that the mental health plan contractor shall bear the financial risk for the cost of providing medically necessary specialty mental health services to Medi-Cal beneficiaries.(a)It is the intent of the Legislature that all eligible youth, including youth in the state’s child welfare system, have timely access to adequate mental health care through the federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program. It is further the intent of the Legislature that, in order to fulfill this important responsibility, all mental health plans operating in the state employ uniform contracting processes and use standardized forms so as to facilitate efficient and effective provision of mental health services, by providers of specialty mental health services, to all youth, regardless of the county in which they are living.
(b)The department shall, in consultation with the County Behavioral Health
Directors Association of California, develop standardized forms and processes to be used by mental health plans when contracting with providers of EPSDT specialty mental health services.
(c)The department shall seek any federal waivers or state plan amendments necessary to carry out the duties set forth in this section.
SEC. 3.SEC. 2.
Section 14717.1 of the Welfare and Institutions Code is amended to read:14717.1.
(a) (1) It is the intent of the Legislature to ensure that foster youth who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services.SEC. 4.SEC. 3.
Section 14717.2 is added to the Welfare and Institutions Code, to read:14717.2.
(a)(2)It is the further intent of the Legislature to ensure that each foster youth who may be placed in a congregate care setting outside of their county of original jurisdiction have their specific needs and best interests considered, on a case-by-case basis, in order
to determine whether their county of original jurisdiction or county of residence should be responsible for provision of, or arrangement for, specialty mental health services.
(b)(1)In order to facilitate the receipt of medically necessary specialty mental health services by a foster youth who is placed in a short-term residential therapeutic program (STRTP), as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, outside of their county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to issue, no later than July 1, 2020, policy guidance concerning the determination of the county of responsibility, as described in subdivisions (c) and (d), in consultation with the State Department
of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates
(2)The policy guidance concerning the determination of the county of responsibility shall ensure all of the following:
(A)The determination of the county of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth.
(B)The determination of the county of responsibility does not disrupt the continuity of care of the foster youth.
(C)Factors used to determine the county of responsibility are applied consistently statewide, giving due consideration to the varying capabilities of small, medium, and large counties.
(D)Determination of the county of responsibility by the county placing agency is applied on a case-by-case basis for each foster youth, based on a recommendation from the interagency placement committee, or other entity as permitted, that considers input from the child and family team.
(E)There is a procedure for expedited transfer within 48 hours of placement of the youth outside of the county of original jurisdiction.
(c)For purposes of this section, “county of responsibility” means
the county determined through the process described in subdivision (d) to be responsible for providing or arranging for specialty mental health services for a foster youth placed in an STRTP.
(d)In conjunction with any assessment conducted pursuant to subparagraph (A), (B), or (D) of paragraph (3) of subdivision (b) of Section 11462.01, the county placing agency shall determine the county of responsibility. This determination shall, whenever possible, consider recommendations from the child and family team, and shall also take into account factors, including, but not limited to, all of the following:
(1)Continuity of care and timely access to services provided to the foster youth.
(2)Impact on family
reunification efforts.
(3)Expected duration of out-of-county placement of the foster youth.
(4)Distance between a foster youth’s residence and their established specialty mental health care provider in the county of original jurisdiction.
(e)If a foster youth is placed in an STRTP on an emergency basis pursuant to paragraph (3) of subdivision (h) of Section 11462.01, determination of the county of responsibility by the county placing agency pursuant to subdivision (d) shall take place during, and subject to, the processes described in clauses (i) and (ii) of subparagraph (A) of paragraph (3) of subdivision (h) of Section 11462.01.
(f)If the
mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster youth, and the county of residence is determined to be the county of responsibility, the mental health plan in the county in which the foster youth resides shall accept that assessment. In those instances, the mental health plan in the county in which the foster youth resides may conduct additional assessments if the foster youth’s needs change or an updated assessment is needed to determine the youth’s needs and identify the needed treatment and services to address those needs.
(g)If the county of residence is determined to be the county of responsibility, the mental health plan in the county in which the foster youth resides shall assume responsibility for the authorization and provision of specialty mental health services and
payments for services. The foster youth transferred to the mental health plan in the county in which the foster youth resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code.
(h)
(i)
(j)
(a)The
SEC. 4.
Section 14717.25 is added to the Welfare and Institutions Code, immediately following Section 14717.2, to read:14717.25.
The department shall, in collaboration with the State Department of Social Services, collect data on the receipt of Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) specialty mental health services by foster youth who are placed outside of their county of original jurisdiction. These data shall be(1)
(2)
(3)
(b)The department, in conjunction with the State Department of Social Services, shall report the deidentified data described in subdivision (a) to the Legislature, in compliance with Section 9795 of the Government Code, no later than December 31, 2020, and annually thereafter no later than December 31 of each year.