as amended, Committee on Budget and Fiscal Review.
begin deleteBudget Act of 2013. end delete
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.end delete
begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) In order to promote efficient implementation of this
16act, the county shall use funds distributed from the Mental Health
17Services Fund as follows:
18(1) In 2005-06, 2006-07, and in 2007-08 10 percent shall be
19placed in a trust fund to be expended for education and training
20programs pursuant to Part 3.1.
21(2) In 2005-06, 2006-07 and in 2007-08 10 percent for capital
22facilities and technological needs distributed to counties in
23accordance with a formula developed in consultation with the
24California Mental Health Directors Association to implement plans
25developed pursuant to Section 5847.
26(3) Twenty percent of funds distributed to the
27to subdivision (c) of Section 5891 shall be used for prevention and
28early intervention programs in accordance with Part 3.6
29(commencing with Section 5840) of this division.
30(4) The expenditure for prevention and early intervention may
31be increased in any county in which the department determines
32that the increase will decrease the need and cost for additional
33services to severely mentally ill persons in that county by an
34amount at least commensurate with the proposed increase.
35(5) The balance of funds shall be distributed to county mental
36health programs for services to persons with severe mental illnesses
37pursuant to Part 4 (commencing with Section 5850), for the
38children’s system of care and Part 3 (commencing with Section
395800), for the adult and older adult system of care.
P10 1(6) Five percent of
the total funding for each county mental
2health program for Part 3 (commencing with Section 5800), Part
33.6 (commencing with Section 5840), and Part 4 (commencing
4with Section 5850) of this division, shall be utilized for innovative
5programs in accordance with Sections 5830, 5847, and 5848.
6(b) In any year after 2007-08, programs for services pursuant
7to Part 3 (commencing with Section 5800), and Part 4
8(commencing with Section 5850) of this division may include
9funds for technological needs and capital facilities, human resource
10needs, and a prudent reserve to ensure services do not have to be
11significantly reduced in years in which revenues are below the
12average of previous years. The total allocation for purposes
13authorized by this subdivision shall not exceed 20 percent of the
14average amount of funds allocated to that county for the previous
15five years pursuant to this section.
16(c) The allocations pursuant to subdivisions (a) and (b) shall
17include funding for annual planning costs pursuant to Section 5848.
18The total of these costs shall not exceed 5 percent of the total of
19annual revenues received for the fund. The planning costs shall
20include funds for county mental health programs to pay for the
21costs of consumers, family members, and other stakeholders to
22participate in the planning process and for the planning and
23implementation required for private provider contracts to be
24significantly expanded to provide additional services pursuant to
25Part 3 (commencing with Section 5800), and Part 4 (commencing
26with Section 5850) of this division.
27(d) Prior to making the allocations pursuant to subdivisions (a),
28(b), and (c), funds shall be reserved for the costs for the State
29Department of Health Care Services, the California Mental Health
30Planning Council, the Office of Statewide Health Planning and
31 Development, the Mental Health Services Oversight and
32Accountability Commission, the State Department of Public Health,
33and any other state agency to implement all duties pursuant to the
34programs set forth in this section. These costs shall not exceed
begin delete 3.5end delete
35 percent of the total of annual revenues received for the fund. The
36administrative costs shall include funds to assist consumers and
37family members to ensure the appropriate state and county agencies
38give full consideration to concerns about quality, structure of
39service delivery, or access to services. The amounts allocated for
40administration shall include amounts sufficient to ensure adequate
P11 1research and evaluation regarding the effectiveness of services
2being provided and achievement of the outcome measures set forth
3in Part 3 (commencing with Section 5800), Part 3.6 (commencing
4with Section 5840), and Part 4 (commencing with Section 5850)
5of this division. The amount of funds available for the purposes
6of this subdivision in any fiscal year shall be subject to
7appropriation in the annual Budget Act.
8(e) In 2004-05 funds shall be allocated as follows:
9(1) Forty-five percent for education and training pursuant to
10Part 3.1 (commencing with Section 5820) of this division.
11(2) Forty-five percent for capital facilities and technology needs
12in the manner specified by paragraph (2) of subdivision (a).
13(3) Five percent for local planning in the manner specified in
15(4) Five percent for state implementation in the manner specified
16in subdivision (d).
17(f) Each county shall place all funds received from the State
18Mental Health Services Fund in a local Mental Health Services
19Fund. The Local Mental Health Services Fund balance shall be
20invested consistent with other county funds and the interest earned
21on the investments shall be transferred into the fund. The earnings
22on investment of these funds shall be available for distribution
23from the fund in future years.
24(g) All expenditures for county mental health programs shall
25be consistent with a currently approved plan or update pursuant
26to Section 5847.
27(h) Other than funds placed in a reserve in accordance with an
28approved plan, any funds allocated to a county which have not
29been spent for their authorized purpose within three years shall
30revert to the state to be deposited into the fund and available for
31other counties in future years, provided however, that funds for
32capital facilities, technological needs, or education and training
33may be retained for up to 10 years before reverting to the fund.
34(i) If there are still additional revenues available in the fund
35after the Mental Health Services Oversight and Accountability
36Commission has determined there are prudent reserves and no
37unmet needs for any of the programs funded pursuant to this
38section, including all purposes of the Prevention and Early
39Intervention Program, the commission shall develop a plan for
40expenditures of these revenues to further the purposes of this act
P12 1and the Legislature may appropriate these funds for any purpose
2consistent with the commission’s adopted plan which furthers the
3purposes of this act.
4(j) For the 2011-12 fiscal year, General Fund revenues will be
5insufficient to fully fund many existing mental health programs,
6including Early and Periodic Screening, Diagnosis, and Treatment
7(EPSDT), Medi-Cal Specialty Mental Health Managed Care, and
8mental health services provided for special education pupils. In
9order to adequately fund those programs for the 2011-12 fiscal
10year and avoid deeper reductions in programs that serve individuals
11with severe mental illness and the most vulnerable, medically
12needy citizens of the state, prior to distribution of funds under
13paragraphs (1) to (6), inclusive, of subdivision (a), effective July
141, 2011, moneys shall be allocated from the Mental Health Services
15Fund to the counties as follows:
16(1) Commencing July 1, 2011, one hundred eighty-three million
17six hundred thousand dollars ($183,600,000) of the funds available
18as of July 1, 2011, in the Mental Health Services Fund, shall be
19allocated in a manner consistent with subdivision (c) of Section
205778 and based on a formula determined by the state in
21consultation with the California Mental Health Directors
22Association to meet the fiscal year 2011-12 General Fund
23obligation for Medi-Cal Specialty Mental Health Managed Care.
24(2) Upon completion of the allocation in paragraph (1), the
25Controller shall distribute to counties ninety-eight million five
26hundred eighty-six thousand dollars ($98,586,000) from the Mental
27Health Services Fund for mental health services for special
28education pupils based on a formula determined by the state in
29consultation with the California Mental Health Directors
31(3) Upon completion of the allocation in paragraph (2), the
32Controller shall distribute to counties 50 percent of their 2011-12
33Mental Health Services Act component allocations consistent with
34Sections 5847 and 5891, not to exceed four hundred eighty-eight
35million dollars ($488,000,000). This allocation shall commence
36beginning August 1, 2011.
37(4) Upon completion of the allocation in paragraph (3), and as
38revenues are deposited into the Mental Health Services Fund, the
39Controller shall distribute five hundred seventy-nine million dollars
40($579,000,000) from the Mental Health Services Fund to counties
P13 1to meet the General Fund obligation for EPSDT for fiscal year
22011-12. These revenues shall be distributed to counties on a
3quarterly basis and based on a formula determined by the state in
4consultation with the California Mental Health Directors
5Association. These funds shall not be subject to reconciliation or
7(5) The Controller shall distribute to counties the remaining
82011-12 Mental Health Services Act component allocations
9consistent with Sections 5847 and 5891, beginning no later than
10April 30, 2012. These remaining allocations shall be made on a
12(6) The total one-time allocation from the Mental Health
13Services Fund for EPSDT, Medi-Cal Specialty Mental Health
14Managed Care, and mental health services provided to special
15education pupils as referenced shall not exceed eight hundred
16sixty-two million dollars ($862,000,000). Any revenues deposited
17in the Mental Health Services Fund in fiscal year 2011-12 that
18exceed this obligation shall be distributed to counties for remaining
19fiscal year 2011-12 Mental Health Services Act component
20allocations, consistent with Sections 5847 and 5891.
21(k) Subdivision (j) shall not be subject to repayment.
22(l) Subdivision (j) shall become inoperative on July 1, 2012.
It is the intent of the Legislature to enact statutory
5changes relating to the Budget Act of 2013.