BILL NUMBER: AB 1571 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Veterans Affairs (Salas (Chair), Lieu,
V. Manuel Perez, Saldana, and Yamada)
MARCH 16, 2009
An act to amend Sections 5846, 5847, and 5848 of the Welfare and
Institutions Code, relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, as introduced, Committee on Veterans Affairs. Veterans
mental health: county plans.
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, the Mental Health Services Act, an initiative measure
enacted by the voters as Proposition 63 at November 2, 2004,
statewide general election, establishes the Mental Health Services
Fund to fund various county mental health programs. The act may be
amended by the Legislature only by a 2/3 vote of both houses and only
so long as the amendment is consistent with and furthers the intent
of the act. The Legislature may clarify procedures and terms of the
act by majority vote.
Existing law requires each county mental health program to prepare
and submit a 3-year plan to be updated at least annually and
approved by the department after review and comment by the Mental
Health Services Oversight and Accountability Commission. Existing law
requires the plan to be developed with specified local stakeholders.
This bill would require the local stakeholder planning group to
include a representative from a legitimate veterans organization and
would require the plan to specifically include recognition of the
mental health needs of veterans and how those needs are, or are not,
being met. The bill would prohibit the department from approving a
county plan that did not have verifiable representation by a
legitimate veterans organization in the planning process or if the
plan does not address the specific mental health issues of veterans
and how the plan will, or will not, address those issues.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5846 of the Welfare and Institutions Code is
amended to read:
5846. (a) The commission shall annually review and approve each
county mental health program for expenditures pursuant to Part 3.2
(commencing with Section 5830), for innovative programs and Part 3.6
(commencing with Section 5840), for prevention and early
intervention.
(b) The department may provide technical assistance to any county
mental health plan as needed to address concerns or recommendations
of the commission or when local programs could benefit from technical
assistance for improvement of their plans submitted pursuant to
Section 5847.
(c) The commission shall ensure that the perspective and
participation of members and others suffering from severe mental
illness and their family members is a significant factor in all of
its decisions and recommendations.
(d) The department shall not approve a plan unless it does both of
the following:
(1) Include, verifiable representation from a legitimate veterans
group in the stakeholder planning process required pursuant to
Section 5848.
(2) Include, a section that addresses the specific mental health
issues of veterans and how the plan will, or will not, address those
issues.
SEC. 2. Section 5847 of the Welfare and Institutions Code is
amended to read:
5847. Integrated Plans for Prevention, Innovation and System of
Care Services.
(a) Each county mental health program shall prepare and submit a
three-year plan which shall be updated at least annually and approved
by the department after review and comment by the Mental Health
Services Oversight and Accountability Commission. The plan and update
shall include all of the following:
(1) A program for prevention and early intervention in accordance
with Part 3.6 (commencing with Section 5840) of this
division .
(2) A program for services to children in accordance with Part 4
(commencing with Section 5850) of this division, to include a program
pursuant to Chapter 4 (commencing with Section 18250) of Part 6 of
Division 9 or provide substantial evidence that it is not feasible to
establish a wraparound program in that county.
(3) A program for services to adults and seniors in accordance
with Part 3 (commencing with Section 5800) of this division
, including a separate section specifically addressing
the mental health needs of veterans .
(4) A program for innovations in accordance with Part 3.2
(commencing with Section 5830) of this division .
(5) A program for technological needs and capital facilities
needed to provide services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part 4
(commencing with Section 5850) of this division .
All plans for proposed facilities with restrictive settings shall
demonstrate that the needs of the people to be served cannot be met
in a less restrictive or more integrated setting.
(6) Identification of shortages in personnel to provide services
pursuant to the above programs and the additional assistance needed
from the education and training programs established pursuant to Part
3.1 (commencing with Section 5820) of this division
.
(7) Establishment and maintenance of a prudent reserve to ensure
the county program will continue to be able to serve children, adults
, and seniors that it is currently serving pursuant to
Part 3 (commencing with Section 5800) and Part 4 (commencing with
Section 5850) of this division, during years in which revenues for
the Mental Health Services Fund are below recent averages adjusted by
changes in the state population and the California Consumer Price
Index.
(b) The department's review and approval of the programs specified
in paragraphs (1) and (4) of subdivision (a) shall be limited to
ensuring the consistency of such programs with the other portions of
the plan and providing review and comment to the Mental Health
Services Oversight and Accountability Commission.
(c) The programs established pursuant to paragraphs (2) and (3) of
subdivision (a) shall include services to address the needs of
transition age youth ages 16 to 25.
(d) Each year the State Department of Mental Health shall inform
counties of the amounts of funds available for services to children
pursuant to Part 4 (commencing with Section 5850) of this
division , and to adults and seniors pursuant to Part 3
(commencing with Section 5800) of this division .
Each county mental health program shall prepare expenditure plans
pursuant to Part 3 (commencing with Section 5800), and Part 4
(commencing with Section 5850) of this division ,
and updates to the plans developed pursuant to this section. Each
expenditure update shall indicate the number of children, adults
, including veterans, and seniors to be served pursuant to
Part 3 (commencing with Section 5800), and Part 4 (commencing with
Section 5850) of this division , and the cost per
person. The expenditure update shall include utilization of unspent
funds allocated in the previous year and the proposed expenditure for
the same purpose.
(e) The department shall evaluate each proposed expenditure plan
and determine the extent to which each county has the capacity to
serve the proposed number of children, adults , and
seniors pursuant to Part 3 (commencing with Section 5800), and Part 4
(commencing with Section 5850) of this division ;
the extent to which there is an unmet need to serve that number of
children, adults , and seniors; and determine the amount
of available funds; and provide each county with an allocation from
the funds available. The department shall give greater weight for a
county or a population which has been significantly underserved for
several years.
(f) A county mental health program shall include an allocation of
funds from a reserve established pursuant to paragraph (6) of
subdivision (a) for services pursuant to paragraphs (2) and (3) of
subdivision (a) in years in which the allocation of funds for
services pursuant to subdivision (c) are not adequate to continue to
serve the same number of individuals as the county had been serving
in the previous fiscal year.
SEC. 3. Section 5848 of the Welfare and Institutions Code is
amended to read:
5848. (a) Each plan and update shall be developed with local
stakeholders , including adults and seniors with severe
mental illness, families of children, adults , and seniors
with severe mental illness, providers of services, law enforcement
agencies, education, social services agencies , representatives
from a legitimate veterans organization, and other important
interests. A draft plan and update shall be prepared and circulated
for review and comment for at least 30 days to representatives of
stakeholder interests and any interested party who has requested a
copy of such the draft plans.
(b) The mental health board established pursuant to Section 5604
shall conduct a public hearing on the draft plan and annual updates
at the close of the 30-day comment period required by subdivision
(a). Each adopted plan and update shall include any substantive
written recommendations for revisions. The adopted plan or update
shall summarize and analyze the recommended revisions. The mental
health board shall review the adopted plan or update and make
recommendations to the county mental health department for revisions.
(c) The department shall establish requirements for the content of
the plans. The plans shall include reports on the achievement of
performance outcomes for services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part 4
(commencing with Section 5850) of this division
funded by the Mental Health Services Fund and established by the
department and shall specifically include recognition of the
mental health needs of veterans and how those needs are, or are not,
being met .
(d) Mental health services provided pursuant to Part 3 (commencing
with Section 5800), and Part 4 (commencing with Section 5850)
of this division , shall be included in the review
of program performance by the California Mental Health Planning
Council required by paragraph (2) of subdivision (c) of Section 5772
and in the local mental health board's review and comment on the
performance outcome data required by paragraph (7) of subdivision (a)
of Section 5604.2.