BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           543 (Leno)
          
          Hearing Date:  05/28/2009           Amended: 05/13/2009
          Consultant:  Dan Troy           Policy Vote: Judiciary 3-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 543 would authorize a minor aged 12 or older  
          to consent to mental health services or counseling on an  
          outpatient basis or to residential shelter services, if the  
          following conditions are satisfied: 1) the minor is mature  
          enough to participate intelligently in the services; or 2) the  
          minor presents a danger of serious physical or mental harm to  
          himself or herself, or the minor is the alleged victim of incest  
          or child abuse.   
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          Mental health services/  Unknown, likely significant costs    
          General
          minor consent
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Under current law, a minor aged 12 or older may consent on his  
          or her own for mental health treatment or counseling on an  
          outpatient basis or to residential shelter services if both of  
          the following conditions are satisfied:

             1)   The minor, in the opinion of the attending professional,  
               is mature enough to participate intelligently in the  
               service.
             2)   The minor presents a danger of serious physical or  
               mental harm to himself or herself, or others, without the  
               service, or the minor is an alleged victim of incest or  
               child abuse.

          This bill would provide that minors may consent to their own  










          treatment even if only the first of those conditions is met.   
          Additionally, the bill would also expand the definition of a  
          professional person relating to mental health or counseling  
          services to include licensed clinical social workers and specify  
          that parental notification is not required when the minor is  
          receiving outpatient mental health treatment or counseling  
          services. 

          There are a variety of mental health programs and services  
          accessible to minors, with or without parental consent.   
          Counties have received approximately $7.7 million annually in  
          lump sum payments (Managed Care) for minor consent costs for the  
          last 10 years (though the Governor vetoed an amount of funding  
          identical to minor consent costs in 2008 Budget Act, but did not  
          specifically identify this program for reduction). There is the  
          Early and Periodic Screening, Diagnosis, and Treatment (EPSDT),  
          counties may use realignment funding to provide these services,  
          and there is also funding available through the Mental Health  
          Services Act (Proposition 63, approved by 

          Page 2
          SB 543 (Leno)

          the voters in 2004).  In regard to minor consent issues,  
          counties may also receive reimbursements through the "sensitive  
          services" option in Medi-Cal.    

          By lowering the threshold for minors to consent to services on  
          their own, this bill would likely increase eligibility for  
          mental health services.  In some cases (e.g., managed care), it  
          may be that counties would be unlikely to receive any more state  
          funding for these costs, so increases, in these instances,  
          should be viewed more as cost pressures than as direct costs.   
          For other programs, increases eligibility would almost certainly  
          directly in increased state costs (e.g., "sensitive services"  
          Medi-Cal).  

          A precise cost estimate is not possible, as appropriate data is  
          not gathered that details the number of minors requesting or in  
          need of mental health services that do not meet the criteria  
          under current law but would meet the criteria under the  
          provisions of this bill.  By removing the "physical or mental  
          harm" condition for minor consent, this bill would likely expand  
          the universe of eligible minors significantly, as many minors  
          would likely be able to meet the "maturity" threshold.  As costs  
          for mental health services average thousands of dollars per  










          unit, depending on the program and intensity of required  
          service, it is likely that this bill would result in costs or  
          cost pressures in the hundreds of thousands of dollars, or even  
          more.

          One issue of concern regarding minor consent that the author's  
          office has identified is liability on behalf of the service  
          provider.  To the extent the author wishes to eliminate state  
          costs and pressures, staff suggests amending the bill to limit  
          the change minor consent to extending toward provider liability,  
          while leaving the standard as is for purposes of program  
          eligibility.