BILL NUMBER: AB 1571 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2009
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, 5847
and 5848 of the Welfare and Institutions Code, relating to
veterans mental health .
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, as amended, Committee on Veterans Affairs.
Veterans mental Mental health services
: county plans. plans: veterans.
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 veterans and
representatives 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 organizations and would require the department,
as part of its review of the county plan, to inform the Department
of Veterans Affairs of county plans that have outreach programs
specifically for veterans or that provide services specifically for
veterans .
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).
(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), 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).
(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). 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).
(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), and to adults and
seniors pursuant to Part 3 (commencing with Section 5800). Each
county mental health program shall prepare expenditure plans pursuant
to Part 3 (commencing with Section 5800), and Part 4 (commencing
with Section 5850), 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), 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); 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.
SECTION 1. Section 5847 of the Welfare
and Institutions Code , is amended to read:
5847. Integrated Plans for Prevention, Innovation ,
and System of Care Services.
(a) It is the intent of the Legislature to streamline the approval
processes of the State Department of Mental Health and the Mental
Health Services Oversight and Accountability Commission of programs
developed pursuant to Sections 5891 and 5892.
(b) 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).
(2) A program for services to children in accordance with Part 4
(commencing with Section 5850), 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).
(4) A program for innovations in accordance with Part 3.2
(commencing with Section 5830).
(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). 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).
(7) Establishment and maintenance of a prudent reserve to ensure
the county program will continue to be able to serve children, adults
, including veterans, and seniors that it is currently
serving pursuant to Part 3 (commencing with Section 5800), the Adult
and Older Adult Mental Health System of Care Act, Part 3.6
(commencing with Section 5840), Prevention and Early Intervention
Programs, and Part 4 (commencing with Section 5850), the Children's
Mental Health Services Act, 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.
(c) The State Department of Mental Health shall not issue
guidelines for the Integrated Plans for Prevention, Innovation ,
and System of Care Services before January 1, 2012.
(d) The department's review and approval of the programs specified
in paragraphs (1) and (4) of subdivision (b) shall be limited to
ensuring the consistency of such these
programs with the other portions of the plan and providing review and
comment to the Mental Health Services Oversight and Accountability
Commission. As part of its review, the department shall inform
the Department of Veterans Affairs of county plans that have outreach
programs specifically for veterans or that provide services
specifically for veterans.
(e) The programs established pursuant to paragraphs (2) and (3) of
subdivision (b) shall include services to address the needs of
transition age youth ages 16 to 25.
(f) Each year the State Department of Mental Health, in
consultation with the California Mental Health Directors Association,
the Mental Health Services Oversight and Accountability Commission,
and the Mental Health Planning Council, shall inform counties of the
amounts of funds available for services to children pursuant to Part
4 (commencing with Section 5850), and to adults and seniors pursuant
to Part 3 (commencing with Section 5800). Each county mental health
program shall prepare expenditure plans pursuant to Part 3
(commencing with Section 5800), and Part 4 (commencing with Section
5850), 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), 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.
(g) (1) 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 , including
veterans, and seniors pursuant to Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850); the extent
to which there is an unmet need to serve that number of children,
adults , including veterans, 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. The department shall
approve, deny, or request information on a county expenditure plan or
update no later than 60 days upon receipt.
(2) The department shall only evaluate those programs in a county
expenditure plan or update that have not previously been approved or
that have previously identified problems which have been conveyed to
the county. The department shall distribute the funds for renewal of
the previously approved programs contained in the county expenditure
plan or update prior to approval of the county expenditure plan or
update.
(h) A county mental health program shall include an allocation of
funds from a reserve established pursuant to paragraph (6) of
subdivision (b) for services pursuant to paragraphs (2) and (3) of
subdivision (b) in years in which the allocation of funds for
services pursuant to subdivision (e) 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. SEC. 2. 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 veterans, representatives from
veterans organizations , 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 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) 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), 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.