BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2679| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2679 Author: Logue (R) and Nestande (R), et al. Amended: 7/1/14 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 8-0, 6/25/14 AYES: Hernandez, Morrell, Beall, De León, DeSaulnier, Evans, Monning, Nielsen NO VOTE RECORDED: Wolk SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for vote SUBJECT : County mental health services: baseline reports SOURCE : Author DIGEST : This bill requires the Department of Health Care Services (DHCS) and the California Mental Health Planning Council (CMHPC) to make specified information related to mental health services client outcomes and cost effectiveness available on their respective Internet Web sites. ANALYSIS : Existing law: 1.Makes DHCS responsible for administration of law governing the CONTINUED AB 2679 Page 2 state's community mental health systems and for all statewide mental health planning, research, evaluation and quality assurance functions. Includes among these functions implementation of a system of required performance reporting by local mental health programs. 2.Establishes the Mental Health Services Act (MHSA), which imposes a 1% income tax on personal income in excess of $1 million to provide for local mental health services. 3.Establishes the Mental Health Services Oversight and Accountability Commission (MHSOAC) to oversee various mental health programs. Among many other duties, authorizes MHSOAC to obtain data and information from DHCS, the Office of Statewide Health Planning and Development, or other state or local entities that receive MHSA funds for oversight, review, training, and technical assistance, accountability, and evaluation of projects and programs supported with MHSA funds. 4.Requires DHCS to establish a Performance Outcome Committee and consult with the Committee, the CMHPC, the MHSOAC, and the California Health and Human Services Agency, to develop uniform definitions and formats for a statewide, non-duplicative client-based information system that meets federal mental health grant requirements and state and federal Medicaid reporting requirements, as well as any other state requirements established by law. Requires the data system to include performance measures for evaluating client outcomes and cost effectiveness of mental health services, including a consideration of outcome measures, as guidance only. 5.Requires counties to annually report data on these performance measures to the local mental health advisory board and to DHCS. Requires DHCS to annually make available to the Legislature, no later than March 15, data on county performance. 6.Creates the CMHPC for purposes of fulfilling mental health planning requirements mandated by federal law and to review program performance in delivering mental health services based on specified data reports, and to report findings and recommendations on programs' performance annually to the Legislature, DHCS, and local boards. This bill: CONTINUED AB 2679 Page 3 1.Requires DHCS to make data reported by counties related to MHSA client outcomes and cost effectiveness of mental health services available on its Internet Web site. 2.Requires the CMHPC to make its findings and recommendations on the performance of mental health services programs available on its Internet Web site. Comments State audit . A 2013 audit by the State Auditor, titled "Mental Health Services Act (MHSA): The State's Oversight Has Provided Little Assurance of the Act's Effectiveness, and Some Counties Can Improve Measurement of Their Program Performance," found that, although the MHSA funded many programs and served numerous individuals, the former Department of Mental Health and the MHSOAC did not provide the oversight needed to demonstrate whether the MHSA is effective. The report suggested the state should use performance-based contracts, conduct comprehensive on-site reviews of MHSA programs, identify and collect meaningful data, and use the data to verify and report on performance. According to the author's office, Proposition 63, known as the MHSA, was approved by voters in 2004 and placed a 1% tax on incomes over one million dollars to fund mental health services at the county level. In 2012, the author along with Senator Steinberg and Assemblyman Nestande requested a state audit to determine where and how MHSA funds were being spent. In 2013, the State Auditor's office released the report, which found that there was a gross lack of oversight for programs funded through the MHSA. There was very little evidence to show that the $7.4 billion directed to county mental health service programs from 2006 through 2012 provided any direct benefit to the state. This bill seeks to bring needed transparency and accountability to county mental health services. Counties currently report key information to DHCS and the CMHPC regarding their county mental health programs. This bill will require them to compile the data they receive and provide it on their respective Web sites. This data is a necessary tool to properly target county spending and determine if there are any positive changes. The State Auditor told the Legislature that the audit results could not ensure that MHSA programs and spending were used effectively and CONTINUED AB 2679 Page 4 appropriately. Establishing these added annual reporting requirements will tell a great deal about current conditions and enable the state to develop a system to compare those results with future conditions. Prior Legislation SB 585 (Steinberg, Chapter 288, Statutes of 2013) clarified that MHSA funds and various county realignment accounts may be used to provide mental health services under the Assisted Outpatient Treatment Demonstration Project Act of 2002, or Laura's Law, and allows counties to opt to implement Laura's Law through the county budget process. SB 82 (Senate Budget and Fiscal Review Committee, Chapter 20, Statutes of 2013) the Investment in Mental Health Wellness Act of 2013, was a trailer bill for the 2013-14 Budget Act that included, among its other provisions, $206 million ($142 million General Fund one-time) for a major investment in mental health services, including additional residential treatment capacity, crisis treatment teams, and triage personnel. SB 1006 (Senate Budget and Fiscal Review Committee, Chapter 34, Statutes of 2012) provided for a comprehensive restructuring of community-based mental health services at both the state and local levels and made changes necessary to effectuate the 2011 Realignment. Among other changes, required DHCS to create a plan for a performance outcome system for Early and Periodic Screening, Diagnosis, and Treatment mental health services provided to eligible Medi-Cal beneficiaries under the age of 21. AB 1288 (Bronzan and McCorquodale, Chapter 89, Statutes of 1991) realigned financial responsibility for various state programs, including the state's mental health programs, to local governments. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/5/14) American College of Emergency Physicians California Mental Health Planning Council County Behavioral Health Directors Association CONTINUED AB 2679 Page 5 Mental Health America of California Mental Health Association ASSEMBLY FLOOR : 73-0, 5/23/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson, Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Bonilla, Harkey, Roger Hernández, Melendez, Nestande, V. Manuel Pérez, Vacancy JL:k 8/6/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED