Amended in Senate May 13, 2013

Amended in Senate April 2, 2013

Senate BillNo. 585


Introduced by Senators Steinberg and Correa

(begin deleteCoauthor: Senator end deletebegin insertCoauthors: Senators end insertWolkbegin insert and Yeeend insert)

begin insert

(Coauthor: Assembly Member Mansoor)

end insert

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 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.

Under existing law, the underlying philosophy for the systembegin delete orend deletebegin insert ofend insert care for adults and older adults includes clients who should be fully informed and volunteer for all treatmentsbegin delete providedend deletebegin insert provided,end insert unless danger to self or others or grave disabilitybegin delete requiringend deletebegin insert requiresend insert temporarybegin delete voluntaryend deletebegin insert involuntaryend insert 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 Supportbegin delete Serviceend deletebegin insert Servicesend insert Account.

This bill would, to thebegin delete extent,end deletebegin insert extentend insert 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:

P3    1

SECTION 1.  

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.

4

SEC. 2.  

Section 5349 of the Welfare and Institutions Code is
5amended to read:

6

5349.  

This article shall be operative in those counties in which
7the county board of supervisors, by resolutionbegin insert or through the
8county budget processend insert
, authorizes its application and makes a
9finding that no voluntary mental health program serving adults,
10and no children’s mental health program, may be reduced as a
11result of the implementation of this article. To the extent otherwise
12permitted under state and federal law, counties that elect to
13implement this article may pay for the provision of services under
14Sections 5347 and 5348 using funds distributed to the counties
15from the Mental Health Subaccount, the Mental Health Equity
16Subaccount, and the Vehicle License Collection Account of the
17Local Revenue Fund, funds from the Mental Health Account and
18the Behavioral Health Subaccount within the Support Services
19Account of the Local Revenue Fund 2011, funds from the Mental
20Health Services Fund when included in county plans pursuant to
21Section 5847, and any other funds from which the Controller makes
22distributions to the counties for those purposes. Compliance with
23this section shall be monitored by the State Department of Health
24Care Services as part of its review and approval of county
25performance contracts.

26

SEC. 3.  

Section 5801 of the Welfare and Institutions Code is
27amended to read:

28

5801.  

(a) A system of care for adults and older adults with
29severe mental illness results in the highest benefit to the client,
30family, and community while ensuring that the public sector meets
31its legal responsibility and fiscal liability at the lowest possible
32cost.

P4    1(b) The underlying philosophy for these systems of care includes
2the following:

3(1) Mental health care is a basic human service.

4(2) Seriously mentally disordered adults and older adults are
5citizens of a community with all the rights, privileges,
6opportunities, and responsibilities accorded other citizens.

7(3) Seriously mentally disordered adults and older adults usually
8have multiple disorders and disabling conditions and should have
9the highest priority among adults for mental health services.

10(4) Seriously mentally disordered adults and older adults should
11have an interagency network of services with multiple points of
12access and be assigned a single person or team to be responsible
13for all treatment, case management, and community support
14services.

15(5) The client should be fully informed and volunteer for all
16treatment provided, unless danger to self or others or grave
17disability requires temporary involuntary treatment, or the client
18is under a court order for assisted outpatient treatment pursuant to
19Section 5346 and, prior to the filing of the petition for assisted
20outpatient treatment pursuant to Section 5346, the client has been
21offered an opportunity to participate in a treatment plan on a
22voluntary basis and has failed to engage in that treatment.

23(6) Clients and families should directly participate in making
24decisions about services and resource allocations that affect their
25lives.

26(7) People in local communities are the most knowledgeable
27regarding their particular environments, issues, service gaps and
28strengths, and opportunities.

29(8) Mental health services should be responsive to the unique
30characteristics of people with mental disorders including age,
31gender, minority and ethnic status, and the effect of multiple
32 disorders.

33(9) For the majority of seriously mentally disordered adults and
34older adults, treatment is best provided in the client’s natural setting
35in the community. Treatment, case management, and community
36support services should be designed to prevent inappropriate
37removal from the natural environment to more restrictive and costly
38placements.

P5    1(10) Mental health systems of care shall have measurable goals
2and be fully accountable by providing measures of client outcomes
3and cost of services.

4(11) State and county government agencies each have
5responsibilities and fiscal liabilities for seriously mentally
6disordered adults and seniors.

7

SEC. 4.  

Section 5813.5 of the Welfare and Institutions Code
8 is amended to read:

9

5813.5.  

Subject to the availability of funds from the Mental
10Health Services Fund, the state shall distribute funds for the
11provision of services under Sections 5801, 5802, and 5806 to
12county mental health programs. Services shall be available to adults
13and seniors with severe illnesses who meet the eligibility criteria
14in subdivisions (b) and (c) of Section 5600.3. For purposes of this
15act, seniors means older adult persons identified in Part 3
16(commencing with Section 5800) of this division.

17(a) Funding shall be provided at sufficient levels to ensure that
18counties can provide each adult and senior served pursuant to this
19part with the medically necessary mental health services,
20medications, and supportive services set forth in the applicable
21treatment plan.

22(b) The funding shall only cover the portions of those costs of
23services that cannot be paid for with other funds including other
24mental health funds, public and private insurance, and other local,
25state, and federal funds.

26(c) Each county mental health program’s plan shall provide for
27services in accordance with the system of care for adults and
28seniors who meet the eligibility criteria in subdivisions (b) and (c)
29of Section 5600.3.

30(d) Planning for services shall be consistent with the philosophy,
31principles, and practices of the Recovery Vision for mental health
32consumers:

33(1) To promote concepts key to the recovery for individuals
34who have mental illness: hope, personal empowerment, respect,
35social connections, self-responsibility, and self-determination.

36(2) To promote consumer-operated services as a way to support
37recovery.

38(3) To reflect the cultural, ethnic, and racial diversity of mental
39health consumers.

40(4) To plan for each consumer’s individual needs.

P6    1(e) The plan for each county mental health program shall
2indicate, subject to the availability of funds as determined by Part
34.5 (commencing with Section 5890) of this division, and other
4funds available for mental health services, adults and seniors with
5a severe mental illness being served by this program are either
6receiving services from this program or have a mental illness that
7is not sufficiently severe to require the level of services required
8of this program.

9(f) Each county plan and annual update pursuant to Section
105847 shall consider ways to provide services similar to those
11established pursuant to the Mentally Ill Offender Crime Reduction
12Grant Program. Funds shall not be used to pay for persons
13incarcerated in state prison or parolees from state prisons. When
14included in county plans pursuant to Section 5847, funds may be
15used for the provision of mental health services under Sections
165347 and 5348 in counties that elect to participate in the Assisted
17Outpatient Treatment Demonstration Project Act of 2002 (Article
189 (commencing with Section 5345) of Chapter 2 of Part 1).

19(g) The department shall contract for services with county
20mental health programs pursuant to Section 5897. After the
21effective date of this section, the term grants referred to in Sections
225814 and 5814.5 shall refer to such contracts.



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