BILL NUMBER: AB 1571 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JULY 6, 2009
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 5847 and 5848 of , and to add
Section 5849 to, the Welfare and Institutions Code, relating to
mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, as amended, Committee on Veterans Affairs. Mental health
services: county 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 veterans and representatives from veterans 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.
This bill would also require the State Department of Mental Health
to use funds from the Mental Health Services Act state
administration funds to contract out for a study of existing county
Mental Health Services Act programs to assess services provided to
veterans and the number of veterans currently being served.
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 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, 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 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, 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, 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. 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. 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, 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.
(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.
SEC. 3. Section 5849 is added to the
Welfare and Institutions Code , to read:
5849. The department shall use the Mental Health Services Act
state administrative funds to contract out for a study of existing
county Mental Health Services Act programs to assess services
provided to veterans and the number of veterans currently being
served.