Bill Text: CA SB1273 | 2015-2016 | Regular Session | Amended

California Senate Bill 1273 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Crisis stabilization units: funding.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1273 Detail]

Download: California-2015-SB1273-Amended.html

BILL NUMBER: SB 1273	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Moorlach

                        FEBRUARY 18, 2016

   An act to amend Section 5813.5 of the Welfare and Institutions
Code, relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1273, as amended, Moorlach. Crisis stabilization units:
funding.
   Existing law 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, the Mental
Health Services Act, 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, continuously
appropriated to and administered by the State Department of Health
Care Services, to fund specified county mental health programs,
including programs funded under the Adult and Older Adult Mental
Health System of Care Act. Existing law prohibits these funds from
being used to pay for persons incarcerated in state prison or
parolees from state prisons.
   This bill would clarify that the counties may use Mental Health
Services Fund moneys to provide outpatient crisis stabilization
 services, including crisis intervention and stabilization
for a person suffering acute symptoms or distress, crisis residential
treatment, rehabilitative mental health services, and mobile crisis
support teams.   services to individuals who are
voluntarily receiving those services, even when individuals who are
receiving services involuntarily are treated at the same facility.
 Because the bill would clarify the procedures and terms of
Proposition 63, it would require a majority vote of the Legislature.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) There is an urgent and crucial need for mental health crisis
stabilization services in California. 
   (2) In 2013, the California Legislature enacted Senate Bill 82
(Chapter 34 of the Statutes of 2013) to dedicate money for the
General Fund to support crisis stabilization services.

   (3) 
    (2)  In 2004, the California electorate approved
Proposition 63, the Mental Health Services Act, to address serious
mental illness among adults, children, and  seniors involving
  seniors, including the provision of prevention
and early intervention  and supportive medical care.
  services.  
   (4) Currently there 
    (3)     Currently, there  are counties
using Mental Health Services Act  money  
(MHSA) moneys  for crisis stabilization services, and other
counties that are not.  Some counties not using MHSA moneys for
crisis stabilization services have expressed the need for
clarification of state law that the colocation of voluntary and
involuntary services at facilities providing crisis stabilization
services does not preclude the use of MHSA moneys. 
   (b) The Legislature finds and declares that this act clarifies
that counties may use funds provided under the Mental Health Services
Act to provide services to individuals who are  being
temporarily evaluated for mental health reasons.  
voluntarily receiving services at facilities at which individuals who
are receiving services involuntarily are also treated. 
  SEC. 2.  Section 5813.5 of the Welfare and Institutions Code is
amended to read:
   5813.5.  Subject to the availability of funds from the Mental
Health Services Fund, the state shall distribute funds for the
provision of services under Sections 5801, 5802, and 5806 to county
mental health programs. Services shall be available to adults and
seniors with severe illnesses who meet the eligibility criteria in
subdivisions (b) and (c) of Section 5600.3. For purposes of this act,
"seniors" means older adult persons identified in Part 3 (commencing
with Section 5800) of this division.
   (a) Funding shall be provided at sufficient levels to ensure that
counties can provide each adult and senior served pursuant to this
part with the medically necessary mental health services,
medications, and supportive services set forth in the applicable
treatment plan.
   (b) The funding shall only cover the portions of those costs of
services that cannot be paid for with other funds including other
mental health funds, public and private insurance, and other local,
state, and federal funds.
   (c) Each county mental health program's plan shall provide for
services in accordance with the system of care for adults and seniors
who meet the eligibility criteria in subdivisions (b) and (c) of
Section 5600.3.
   (d) Planning for services shall be consistent with the philosophy,
principles, and practices of the Recovery Vision for mental health
consumers:
   (1) To promote concepts key to the recovery for individuals who
have mental illness: hope, personal empowerment, respect, social
connections, self-responsibility, and self-determination.
   (2) To promote consumer-operated services as a way to support
recovery.
   (3) To reflect the cultural, ethnic, and racial diversity of
mental health consumers.
   (4) To plan for each consumer's individual needs.
   (e) The plan for each county mental health program shall indicate,
subject to the availability of funds as determined by Part 4.5
(commencing with Section 5890), and other funds available for mental
health services, adults and seniors with a severe mental illness
being served by this program are either receiving services from this
program or have a mental illness that is not sufficiently severe to
require the level of services required of this program.
   (f) Each county plan and annual update pursuant to Section 5847
shall consider ways to provide services similar to those established
pursuant to the Mentally Ill Offender Crime Reduction Grant Program.
Funds shall not be used to pay for persons incarcerated in state
prison or parolees from state prisons.
   (1) When included in county plans pursuant to Section 5847, funds
may be used for the provision of mental health services under
Sections 5347 and 5348 in counties that elect to participate in the
Assisted Outpatient Treatment Demonstration Project Act of 2002
(Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).
   (2) When included in county plans pursuant to Section 5847, funds
may be used for the provision of outpatient crisis stabilization
 services, including crisis intervention and stabilization
for a person suffering acute symptoms or distress, crisis residential
treatment, as defined in Section 5671, rehabilitative mental health
services, and mobile crisis support teams, including personnel and
the purchase or lease of equipment such as vehicles.  
services to individuals who are voluntarily receiving those services,
even when facilities colocate services to individuals who are
receiving services involuntarily are treated at the same facility.

   (g) The department shall contract for services with county mental
health programs pursuant to Section 5897. After the effective date of
this section, the term grants referred to in Sections 5814 and
5814.5 shall refer to such contracts.