SB 585, as introduced, Steinberg. Mental health: Mental Health Services Fund.
Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. 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, funds a system of county mental health plans for the provision of mental health services, as specified.
The act establishes the Mental Health Services Fund, continuously appropriated to and administered by the State Department of Health Care Services, to fund specified county mental health programs, including programs funded under the Adult and Older Adult Mental Health System of Care Act. The Adult and Older Adult Mental Health System of Care Act establishes service standards that require, among other things, that a service planning and delivery process provides for services that are client-directed and employ psychosocial rehabilitation and recovery principles. The act authorizes the Legislature to clarify procedures and terms of the act by majority vote.
Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, until January 1, 2017, regulates designated assisted outpatient treatment services, which counties may choose to provide for their residents. In counties where assisted outpatient treatment services are available, a person is authorized to obtain assisted outpatient treatment pursuant to an order if requisite criteria are met, as specified. Under that law, participating counties are required to provide prescribed assisted outpatient services, including a service planning and delivery process, that are client-directed and employ psychosocial rehabilitation and recovery principles.
This bill would clarify that services provided under Laura’s Law may be provided pursuant to the procedures specified in the Mental Health Services Act, thereby making an appropriation.
Because the bill would clarify the procedures and terms of Proposition 63, it would require a majority vote of the Legislature.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature hereby finds and declares that
2the provisions of this act are consistent with, and further the intent
3of, the Mental Health Services Act.
Section 5813.5 of the Welfare and Institutions Code
5 is amended to read:
Subject to the availability of funds from the Mental
7Health Services Fund, the state shall distribute funds for the
8provision of services under Sections 5801, 5802, and 5806 to
9county mental health programs. Services shall be available to adults
10and seniors with severe illnesses who meet the eligibility criteria
11in subdivisions (b) and (c) of Section 5600.3. For purposes of this
12act, seniors means older adult persons identified in Part 3
13(commencing with Section 5800) of this division.
14(a) Funding shall be provided at sufficient levels to ensure that
15counties can provide each adult and senior served pursuant to this
16part with the medically necessary mental health services,
17medications, and supportive services set forth in the applicable
18treatment planbegin insert,
including treatment plans developed pursuant to
19the Assisted Outpatient Treatment Demonstration Project Act of
202002 (Article 9 (commencing with Section 5345) of Part 1).end insert
21(b) The funding shall only cover the portions of those costs of
22services that cannot be paid for with other funds including other
P3 1mental health funds, public and private insurance, and other local,
2state, and federal funds.
3(c) Each county mental health programs plan shall provide for
4services in accordance with the system of care for adults and
5seniors who meet the eligibility criteria in subdivisions (b) and (c)
6of Section 5600.3.
7(d) Planning for services shall be consistent with the philosophy,
8principles, and practices of the Recovery Vision for mental health
9consumers:
10(1) To promote concepts key to the recovery for individuals
11who have mental illness: hope, personal empowerment, respect,
12social connections, self-responsibility, and self-determination.
13(2) To promote consumer-operated services as a way to support
14recovery.
15(3) To reflect the cultural, ethnic, and racial diversity of mental
16health consumers.
17(4) To plan for each consumer’s individual needs.
18(e) The plan for each county mental health program shall
19indicate, subject to the availability of funds as determined by Part
204.5 (commencing with Section 5890) of this division, and other
21funds available for mental health services, adults and seniors with
22a severe mental illness being served by this program are either
23receiving services from this
program or have a mental illness that
24is not sufficiently severe to require the level of services required
25of this program.
26(f) Each county plan and annual update pursuant to Section
275847 shall consider ways to provide services similar to those
28established pursuant to the Mentally Ill Offender Crime Reduction
29Grant Program. Funds shall not be used to pay for persons
30incarcerated in state prison or parolees from state prisons.
31(g) The department shall contract for services with county
32mental health programs pursuant to Section 5897. After the
33effective date of this section the term grants referred to in Sections
345814 and 5814.5 shall refer to such contracts.
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