BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 40
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          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 40 (Mansoor) - As Amended:  May 7, 2013 

          Policy Committee:                              HealthVote:19-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Department of Alcohol and Drug Programs  
          (DADP) death investigation policy design to ensure a resident's  
          death is reported by the licensee and addressed by the  
          department in a timely manner, as specified.

           FISCAL EFFECT  

          Unknown costs to DADP (and/or Department of Health Care  
          Services, which is assuming DADP's functions in this area),  
          likely in excess of $150,000, based on the current lack of  
          consistent policy and oversight by DADP to ensure compliance by  
          licensees.

           COMMENTS  

           1)Rationale  . This bill addresses problems raised in a September  
            2012 report by the California Senate Office of Oversight and  
            Outcomes (SOOO).  According to SOOO, DADP fails to pursue  
            evidence of problems, is slow responding to deaths and other  
            serious incidents, and is reluctant to use its authority to  
            shut down dangerous programs.  


           2)Background  . The state's residential alcohol and drug treatment  
            programs are authorized to provide nonmedical services to  
            individuals recovering from alcohol and drug addiction. DADP  
            licensing focuses on health and safety rather than treatment  
            program content. DADP conducts site visits every two years to  
            check for compliance with regulations. 

            Licensing shifted from the Department of Social Services (DSS)  








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            to DADP in the 1980s because programs required less intensive  
            services than other residential programs licensed by DSS. At  
            the time, the dominant model of treatment for substance abuse  
            recovery was the social model, a peer-oriented program based  
            on the 12 steps in the Alcoholics Anonymous process: reaching  
            out to help other alcoholics as a way of sustaining sobriety.  
            The social model is essentially nonmedical; programs were  
            defined in statute as providing nonmedical services. 

            Over the last decade or more, the pendulum has shifted in  
            favor of medical interventions.  Despite the lack of specific  
            licensing, SOOO found the industry routinely offers services  
            that include medications and care by physicians and other  
            medical professionals. Though many programs continue to adhere  
            to the social model, much of the industry has abandoned that  
            model in favor of a "comfortable" model that provides medicine  
            to help with detoxification. The report's survey of websites,  
            press releases, and non-profit tax returns identified 34  
            programs that made claims in apparent violation of state law  
            and regulations barring medical care. 

            According to the SOOO report, DADP says it is now more  
            aggressive in halting practices that could lead to injury or  
            death, and the record shows DADP is revoking and suspending  
            licenses more frequently. DADP has implemented new policies  
            intended to focus limited resources on cases posing the  
            greatest public risk. This new approach may be a function of  
            the current leadership and subject to change, especially when  
            the department's duties are shifted to DHCS  in July 2013. 

           3)Related legislation . AB 395 (Fox), pending in this committee,  
            revises the definition of alcoholism or drug abuse recovery or  
            treatment facility to include programs providing medical  
            services. 


           4)Previous legislation  .  AB 972 (Butler), 2011, AB 2221 (Beall),  
            2010, and AB 1055 (Chesbro), 2009, took similar approaches to  
            include as DADP licensees, residential programs that provided  
            some medical services. AB 972 and AB 2221 were held on the  
            Senate Appropriations Suspense File. AB 1055 was held on this  
            committee's Suspense File. 

           Analysis Prepared by  :    Debra Roth / APPR. / (916) 319-2081 









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