BILL NUMBER: AB 2679 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY MAY 20, 2014
AMENDED IN ASSEMBLY MAY 5, 2014
INTRODUCED BY Assembly Members Logue and Nestande
(Coauthors: Assembly Members Hagman and Wilk)
(Coauthor: Senator Vidak)
FEBRUARY 21, 2014
An act to amend Sections 5613 and 5772
5613, 5772, and 5847 of the Welfare and Institutions Code,
relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2679, as amended, Logue. County mental health services:
baseline reports.
Existing
(1) Existing law, the
Bronzan-McCorquodale Act, sets out a system of community mental
health care services provided by counties and administered by the
State Department of Health Care Services. The act requires the
Director of Health Care Services to establish a Performance Outcome
Committee, as specified, and requires the committee to develop
measures of performance for evaluating client outcomes and cost
effectiveness of mental health services provided by counties, as
specified. The act requires counties to annually report data on these
performance measures to local mental health advisory boards and to
the director. The act requires the director to annually make this
county performance data available to the Legislature, as specified.
This bill would additionally require the director to annually post
the county performance data described above on the department's
Internet Web site.
The act also establishes the California Mental Health Planning
Council, which purpose is to fulfill certain mental health planning
requirements mandated by federal law. The act also requires the
council, among other things, to review program performance in
delivering mental health services based on specified data and
reports, and to report findings and recommendations on programs'
performance annually to the Legislature, the department, and the
local boards.
This bill would require the council to post these findings and
recommendations annually on the council's Internet Web site.
(2) Existing law, the Mental Health Services Act, an initiative
measure enacted by the voters as Proposition 63 at the November 2,
2004, statewide general election, establishes the continuously
appropriated Mental Health Services Fund to fund various county
mental health programs. Existing law establishes the Mental Health
Services Oversight and Accountability Commission to oversee the
administration of various parts of the Mental Health Services Act.
The act provides that it may be amended by the Legislature by a 2/3
vote of each house as long as the amendment is consistent with and
furthers the intent of the act, and that the Legislature may also
clarify procedures and terms of the act by majority vote.
Existing law authorizes the commission to obtain data and
information from certain state and local entities to utilize in its
oversight, review, training and technical assistance, accountability,
and evaluation regarding projects and programs supported by the act,
as specified. Existing law requires each county mental health
program to prepare and submit a 3-year program and expenditure plan,
and annual updates, to the commission that includes specified
components, including, among other things, a program for services to
adults and seniors, as specified.
This bill would require the 3-year plan to include information
requested by the commission pursuant to the provisions described
above to assist the commission in its oversight of the county's
program for services to adults and seniors, as specified.
This bill would declare that it clarifies procedures and terms of
the Mental Health Services Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
to establish a baseline report that shall inform public officials and
stakeholders of each county's accessible mental illness treatments
and supports, identified unmet needs, and the status of system
integration and collaboration. This baseline report shall inform
future investments in spending and programs of county mental health
plans for cost-efficient and effective integration of all mental
health funding streams.
SEC. 2. SECTION 1. Section 5613 of
the Welfare and Institutions Code is amended to read:
5613. (a) Counties shall annually report data on performance
measures established pursuant to Section 5612 to the local mental
health advisory board and to the Director of Health Care Services.
(b) The Director of Health Care Services shall annually make data
on county performance available to the Legislature, and post that
data on the department's Internet Web site, by no later than March 15
of each year.
SEC. 3. SEC. 2. Section 5772 of the
Welfare and Institutions Code is amended to read:
5772. The California Mental Health Planning Council shall have
the powers and authority necessary to carry out the duties imposed
upon it by this chapter, including, but not limited to, the
following:
(a) To advocate for effective, quality mental health programs.
(b) To review, assess, and make recommendations regarding all
components of California's mental health system, and to report as
necessary to the Legislature, the State Department of Health Care
Services, local boards, and local programs.
(c) To review program performance in delivering mental health
services by annually reviewing performance outcome data as follows:
(1) To review and approve the performance outcome measures.
(2) To review the performance of mental health programs based on
performance outcome data and other reports from the State Department
of Health Care Services and other sources.
(3) To report findings and recommendations on the performance of
programs annually to the Legislature, the State Department of Health
Care Services, and the local boards, and to post those findings and
recommendations annually on its Internet Web site.
(4) To identify successful programs for recommendation and for
consideration of replication in other areas. As data and technology
are available, identify programs experiencing difficulties.
(d) When appropriate, make a finding pursuant to Section 5655 that
a county's performance is failing in a substantive manner. The State
Department of Health Care Services shall investigate and review the
finding, and report the action taken to the Legislature.
(e) To advise the Legislature, the State Department of Health Care
Services, and county boards on mental health issues and the policies
and priorities that this state should be pursuing in developing its
mental health system.
(f) To periodically review the state's data systems and paperwork
requirements to ensure that they are reasonable and in compliance
with state and federal law.
(g) To make recommendations to the State Department of Health Care
Services on the award of grants to county programs to reward and
stimulate innovation in providing mental health services.
(h) To conduct public hearings on the state mental health plan,
the Substance Abuse and Mental Health Services Administration block
grant, and other topics, as needed.
(i) In conjunction with other statewide and local mental health
organizations, assist in the coordination of training and information
to local mental health boards as needed to ensure that they can
effectively carry out their duties.
(j) To advise the Director of Health Care Services on the
development of the state mental health plan and the system of
priorities contained in that plan.
(k) To assess periodically the effect of realignment of mental
health services and any other important changes in the state's mental
health system, and to report its findings to the Legislature, the
State Department of Health Care Services, local programs, and local
boards, as appropriate.
(l) To suggest rules, regulations, and standards for the
administration of this division.
(m) When requested, to mediate disputes between counties and the
state arising under this part.
(n) To employ administrative, technical, and other personnel
necessary for the performance of its powers and duties, subject to
the approval of the Department of Finance.
(o) To accept any federal fund granted, by act of Congress or by
executive order, for purposes within the purview of the California
Mental Health Planning Council, subject to the approval of the
Department of Finance.
(p) To accept any gift, donation, bequest, or grants of funds from
private and public agencies for all or any of the purposes within
the purview of the California Mental Health Planning Council, subject
to the approval of the Department of Finance.
SEC. 3. 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 program and expenditure plan, and annual updates, adopted
by the county board of supervisors, to the Mental Health Services
Oversight and Accountability Commission within 30 days after
adoption.
(b) The three-year program and expenditure plan shall be based on
available unspent funds and estimated revenue allocations provided by
the state and in accordance with established stakeholder engagement
and planning requirements as required in Section 5848. The three-year
program and expenditure plan and annual updates 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.
(8) Certification by the county mental health director, which
ensures that the county has complied with all pertinent regulations,
laws, and statutes of the Mental Health Services Act, including
stakeholder participation and nonsupplantation requirements.
(9) Certification by the county mental health director and by the
county auditor-controller that the county has complied with any
fiscal accountability requirements as directed by the State
Department of Health Care Services, and that all expenditures are
consistent with the requirements of the Mental Health Services Act.
(10) Information requested by the commission pursuant to paragraph
(6) of subdivision (d) of Section 5845 to assist the commission in
its oversight of the program described in paragraph (3) of this
subdivision. This information may include, but is not limited to,
estimates of the number of additional people who meet the criteria
for services pursuant to Part 3 (commencing with Section 5800) and
are not receiving services that meet the criteria for that part.
These estimates shall be based on existing available data and not
include duplicative reporting requirements.
(c) 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. In implementing this subdivision,
county mental health programs shall consider the needs of transition
age foster youth.
(d) Each year, the State Department of Health Care Services shall
inform the California Mental Health Directors Association and the
Mental Health Services Oversight and Accountability Commission of the
methodology used for revenue allocation to the counties.
(e) Each county mental health program shall prepare expenditure
plans pursuant to Part 3 (commencing with Section 5800) for adults
and seniors, Part 3.2 (commencing with Section 5830) for innovative
programs, Part 3.6 (commencing with Section 5840) for prevention and
early intervention programs, and Part 4 (commencing with Section
5850) for services for children, 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.
(f) A county mental health program shall include an allocation of
funds from a reserve established pursuant to paragraph (7) 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. 4. The Legislature finds and declares that
this act clarifies procedures and terms of the M ental
Health Services Act within the meaning of Section 18 of the Mental
Health Services Act.