BILL NUMBER: SB 585 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senators Steinberg and Correa
( Coauthor: Senator Wolk
)
FEBRUARY 22, 2013
An act to amend Sections 5349, 5801, and 5813.5 of the
Welfare and Institutions Code, relating to mental health, and making
an appropriation , therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 585, as amended, 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 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 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.
Under existing law, the underlying philosophy for the system or
care for adults and older adults includes clients who should be fully
informed and volunteer for all treatments provided unless danger to
self or others or grave disability requiring temporary voluntary
treatment.
This bill would include within those exceptions clients who are
under court order for treatment, as specified.
Existing law establishes the Local Revenue Fund, which contains
specified accounts and subaccounts, including the Mental Health
Subaccount, the Mental Health Equity Subaccount, and the Vehicle
License Collection Account. Existing law establishes the Local
Revenue Fund 2011, which contains specified accounts and subaccounts,
including the Mental Health Account and the Behavioral Health
Subaccount within the Support Service Account.
This bill would, to the extent, otherwise permitted under state
and federal law, specify that counties that elect to implement Laura'
s Law may pay for those services using funds distributed to counties
from the Mental Health Subaccount, the Mental Health Equity
Subaccount, and the Vehicle License Collection Account of the Local
Revenue Fund, funds from the Mental Health Account and the Behavioral
Health Subaccount, within the Support Services Account of the Local
Revenue Fund 2011, funds from the Mental Health Services Fund, and
any other funds from which the Controller makes distributions to the
counties, for those purposes.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares that the
provisions of this act are consistent with, and further the intent
of, the Mental Health Services Act.
SEC. 2. Section 5349 of the Welfare and
Institutions Code is amended to read:
5349. This article shall be operative in those counties in which
the county board of supervisors, by resolution, authorizes its
application and makes a finding that no voluntary mental health
program serving adults, and no children's mental health program, may
be reduced as a result of the implementation of this article. To
the extent otherwise permitted under state and federal law, counties
that elect to implement this article may pay for the provision of
services under Sections 5347 and 5348 using funds distributed to the
counties from the Mental Health Subaccount, the Mental Health Equity
Subaccount, and the Vehicle License Collection Account of the Local
Revenue Fund, funds from the Mental Health Account and the Behavioral
Health Subaccount within the Support Services Account of
the Local Revenue Fund 2011, funds from the Mental Health Services
Fund when included in county plans pursuant to Section 5847, and any
other funds from which the Controller makes distributions to the
counties for those purposes. Compliance with this section shall
be monitored by the State Department of Health Care Services as part
of its review and approval of county performance contracts.
SEC. 3. Section 5801 of the Welfare and
Institutions Code is amended to read:
5801. (a) A system of care for adults and older adults with
severe mental illness results in the highest benefit to the client,
family, and community while ensuring that the public sector meets its
legal responsibility and fiscal liability at the lowest possible
cost.
(b) The underlying philosophy for these systems of care includes
the following:
(1) Mental health care is a basic human service.
(2) Seriously mentally disordered adults and older adults are
citizens of a community with all the rights, privileges,
opportunities, and responsibilities accorded other citizens.
(3) Seriously mentally disordered adults and older adults usually
have multiple disorders and disabling conditions and should have the
highest priority among adults for mental health services.
(4) Seriously mentally disordered adults and older adults should
have an interagency network of services with multiple points of
access and be assigned a single person or team to be responsible for
all treatment, case management, and community support services.
(5) The client should be fully informed and volunteer for all
treatment provided, unless danger to self or others or grave
disability requires temporary involuntary treatment
treatment, or the client is under a court
order for assisted outpatient treatment pursuant to Section 5346 and,
prior to the filing of the petition for assisted outpatient
treatment pursuant to Section 5346, the client has been offered an
opportunity to participate in a treatment plan on a voluntary basis
and has failed to engage in that treatment .
(6) Clients and families should directly participate in making
decisions about services and resource allocations that affect their
lives.
(7) People in local communities are the most knowledgeable
regarding their particular environments, issues, service gaps and
strengths, and opportunities.
(8) Mental health services should be responsive to the unique
characteristics of people with mental disorders including age,
gender, minority and ethnic status, and the effect of multiple
disorders.
(9) For the majority of seriously mentally disordered adults and
older adults, treatment is best provided in the client's natural
setting in the community. Treatment, case management, and community
support services should be designed to prevent inappropriate removal
from the natural environment to more restrictive and costly
placements.
(10) Mental health systems of care shall have measurable goals and
be fully accountable by providing measures of client outcomes and
cost of services.
(11) State and county government agencies each have
responsibilities and fiscal liabilities for seriously mentally
disordered adults and seniors.
SEC. 2. SEC. 4. Section 5813.5 of
the Welfare and Institutions Code is amended to read:
5813.5. Subject to the availability of funds from the Mental
Health Services Fund, the state shall distribute funds for the
provision of services under Sections 5801, 5802, and 5806 to county
mental health programs. Services shall be available to adults and
seniors with severe illnesses who meet the eligibility criteria in
subdivisions (b) and (c) of Section 5600.3. For purposes of this act,
seniors means older adult persons identified in Part 3 (commencing
with Section 5800) of this division.
(a) Funding shall be provided at sufficient levels to ensure that
counties can provide each adult and senior served pursuant to this
part with the medically necessary mental health services,
medications, and supportive services set forth in the applicable
treatment plan , including treatment plans developed
pursuant to the Assisted Outpatient Treatment Demonstration Project
Act of 2002 (Article 9 (commencing with Section 5345) of Part 1)
.
(b) The funding shall only cover the portions of those costs of
services that cannot be paid for with other funds including other
mental health funds, public and private insurance, and other local,
state, and federal funds.
(c) Each county mental health programs
program's plan shall provide for services in accordance with
the system of care for adults and seniors who meet the eligibility
criteria in subdivisions (b) and (c) of Section 5600.3.
(d) Planning for services shall be consistent with the philosophy,
principles, and practices of the Recovery Vision for mental health
consumers:
(1) To promote concepts key to the recovery for individuals who
have mental illness: hope, personal empowerment, respect, social
connections, self-responsibility, and self-determination.
(2) To promote consumer-operated services as a way to support
recovery.
(3) To reflect the cultural, ethnic, and racial diversity of
mental health consumers.
(4) To plan for each consumer's individual needs.
(e) The plan for each county mental health program shall indicate,
subject to the availability of funds as determined by Part 4.5
(commencing with Section 5890) of this division, and other funds
available for mental health services, adults and seniors with a
severe mental illness being served by this program are either
receiving services from this program or have a mental illness that is
not sufficiently severe to require the level of services required of
this program.
(f) Each county plan and annual update pursuant to Section 5847
shall consider ways to provide services similar to those established
pursuant to the Mentally Ill Offender Crime Reduction Grant Program.
Funds shall not be used to pay for persons incarcerated in state
prison or parolees from state prisons. When included in county
plans pursuant to Section 5847, funds may be used for the provision
of mental health services under Sections 5347 and 5348 in counties
that elect to participate in the Assisted Outpatient Treatment
Demonstration Project Act of 2002 (Article 9 (commencing with Section
5345) of Chapter 2 of Part 1).
(g) The department shall contract for services with county mental
health programs pursuant to Section 5897. After the effective date of
this section , the term grants referred to in Sections
5814 and 5814.5 shall refer to such contracts.