BILL NUMBER: SB 1273 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE APRIL 19, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Moorlach
( Coauthors: Senators
Anderson, Bates, Fuller, Gaines,
Hertzberg, and Stone )
( Coauthors: Assembly Members
Brough, Chang, Chávez, Harper,
and Olsen )
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, which is
continuously appropriated to to,
and administered by 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 voluntary outpatient
crisis stabilization services to individuals who are
voluntarily receiving those services, individuals,
even when individuals who are receiving involuntary
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 2004, the California electorate approved Proposition 63,
the Mental Health Services Act, to address serious mental illness
among adults, children, and seniors, including the provision of
prevention and early intervention services.
(3) Currently, there are counties using Mental Health Services Act
(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 voluntarily
receiving services at facilities at which individuals who are
receiving services involuntarily are also treated.
voluntary services to individuals who are receiving
services at facilities in which involuntary services are also
provided.
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
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 voluntary outpatient
crisis stabilization services to individuals who are
voluntarily receiving those services, even when facilities colocate
services to individuals, even when individuals
who are receiving services involuntarily
involuntary services are treated at the same facility.
This paragraph is not intended to require or authorize the
displacement of employees covered under a collective bargaining
agreement governed by the Meyers-Milias-Brown Act (Chapter 10
(commencing with Section 3500) of Division 4 of Title 1 of the
Government Code) who perform services described in this paragraph.
(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.