BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 38 --------------------------------------------------------------- |AUTHOR: |Eggman | |---------------+-----------------------------------------------| |VERSION: |June 13, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 22, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Teri Boughton | --------------------------------------------------------------- SUBJECT : Mental Health Early Diagnosis and PreventiveTreatment Program SUMMARY : Establishes the Early Diagnosis and Preventive Treatment pilot program at the Department of Health Care Services to utilize integrated systems of care for persons with severe mental illness and children with severe emotional disturbance who have private health benefit coverage. Existing law: 1)Establishes the Medi-Cal program, administered by the Department of Health Care Services (DHCS), under which qualified low-income persons receive health care benefits. 2)Establishes, under the terms of a federal Medicaid waiver, a managed care program providing Medi-Cal specialty mental health services for eligible low-income persons administered through local county mental health plans under contract with DHCS. 3)Requires county mental health plans to provide specialty mental health services to eligible Medi-Cal beneficiaries, including both adults and children. 4)Establishes the Department of Managed Health Care to regulate health plans and the California Department of Insurance to regulate health insurers. 5)Establishes as California's essential health benefits benchmark the Kaiser Small Group Health Maintenance Organization plan, existing California mandates, and the following 10 federal Affordable Care Act mandated benefits: a) Ambulatory patient services; AB 38 (Eggman) Page 2 of ? b) Emergency services; c) Hospitalization; d) Maternity and newborn care; e) Mental health and substance use disorder services, including behavioral health treatment; f) Prescription drugs; g) Rehabilitative and habilitative services and devices; h) Laboratory services; i) Preventive and wellness services and chronic disease management; and, j) Pediatric services, including oral and vision care. 6)Requires every health plan contract that provides hospital, medical, or surgical coverage and health insurance policy to also provide coverage for behavioral health treatment for pervasive developmental disorder or autism no later than July 1, 2012. Requires the coverage to be provided in the same manner and to be subject to the same requirements as provided in California's mental health parity law. 7)Establishes the Mental Health Services Act (MHSA), enacted by voters in 2004 as Proposition 63, which provides funds to counties to expand services and develop innovative programs and integrated service plans for mentally ill children, adults, and seniors through a one percent income tax on personal income above $1 million to be deposited to the Mental Health Services Fund (MHSF). 8)Establishes the Mental Health Services Oversight and Accountability Commission (OAC) to oversee the implementation of the MHSA. 9)Requires each county mental health program to prepare and submit a three-year program and expenditure plan, with annual updates, adopted by the county board of supervisors, to the OAC within 30 days after adoption. Requires the plan to include, among other things, programs for services to adults and seniors. This bill: 1)Establishes the Early Diagnosis and Preventive Treatment (EDAPT) pilot program within DHCS to utilize integrated systems of care to provide early interventions, assessment, AB 38 (Eggman) Page 3 of ? diagnosis, a treatment plan, and necessary services for individuals with severe mental illness and children with severe emotional disturbance using an interdisciplinary team of physicians, clinicians, advocates, and staff who coordinate care on an outpatient basis. 2)Requires DHCS to use funds appropriated by the Legislature to provide reimbursement to the EDAPT program for services provided to persons who are referred to that program but whose private health benefit plan does not cover the full range of services. 3)Permits DHCS to solicit and accept funds from private, federal, or other sources to use for purposes of this program. 4)Prohibits these funds from being used to pay for services normally covered by the patient's private health benefit plan and requires that the funds only be used to augment private health benefit plan coverage to provide the patient with the full range of necessary services. 5)Defines "EDAPT program" as the EDAPT program provided at the Davis campus of the University of California. 6)Defines "private health benefit plan" as a program or entity that provides, arranges, pays for, or reimburses the cost of health benefits, but does not include coverage provided through the Medi-Cal system. 7)Requires an evaluation if the University of California, Davis accepts money for this purpose in the fourth year after the program is established but not later than January 1, 2022. Requires the evaluation to include: a) Evidence as to whether the early psychosis approach reduces the duration of untreated psychosis, reduces the severity of symptoms, improves relapse rates, decreases the use of inpatient care in comparison to standard care, supports educational and career progress, and reduces the cost of treatment in comparison to standard treatment methodologies; b) The number of patients with private health benefit plans served by the EDAPT pilot program in the 12 months prior to implementation of the pilot program; AB 38 (Eggman) Page 4 of ? c) The number of patients with private health benefit plans served by the EDAPT pilot program; d) The number of patients in the program who are considered stabilized, as a percentage of patients served; e) The number of patients needing services beyond those provided in the program and the nature of those services; and, f) Any other information the university deems necessary. 8)Sunsets this bill's provisions on January 1, 2022. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |Not Relevant | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |Not Relevant | |------------------------------------+----------------------------| |Assembly Higher Education |Not Relevant | |Committee: | | ----------------------------------------------------------------- COMMENTS : 1)Author's statement. According to the author, of the 58 counties in California, only 17 currently provide early detection and intervention for the prevention of psychosis. While research conducted throughout the United States and Canada shows that these programs improve the symptoms and overall outcomes for those experiencing psychosis, the full bundle of effective services may not be available to those consumers with private insurance. This pilot project seeks to fill the gap by providing for the those ancillary services that are pivotal for the best possible outcome, while demonstrating for insurance providers the benefits of the full bundle of services. With the research produced by this pilot program, more providers may be able to establish early detection and intervention for psychosis, and improve lives across the state. AB 38 (Eggman) Page 5 of ? 2)EDAPT program. The program began in 2004 and is a specialty within the UC Davis Department of Psychiatry. It is a recovery-based treatment approach that provides services for two years focusing on reducing and managing symptoms and distress and improving individuals' ability to achieve success in independent roles. State-of-the-art clinical assessment tools are used to evaluate each client to determine the appropriate diagnosis in order to guide treatment. Assessments of psychosocial functioning also determine areas where targeted treatment is needed. Regular and frequent appointments with a psychiatrist are tailored to control and alleviate symptoms with the fewest amounts of side effects. Each client has a clinical case manager who helps to identify the client's unique needs and recovery goals, which will be used to develop a treatment plan that encourages the client to build upon their strengths and take an active role in treatment decisions. Weekly groups for clients and their family members are designed to provide support and improve understanding of the illness, develop stress and symptom management techniques, and enhance communication and problem-solving skills. Psychoeducation and support are provided to increase understanding about the illness, improve stress management and communication skills within the family, and develop problem solving skills. Supported Education and Employment services are provided as part of a collaboration with Crossroads Diversified Services, Inc. at an hourly fee-for-service rate. These services can be provided within the client's home, school or workplace to improve everyday functioning and help clients achieve their goals of social, academic and occupational recovery The services include all those listed above, and an estimate of cost from the program is between $12,000-$15,000 per year for each patient. Of this, roughly 60% is covered by Medi-Cal and the remainder is covered through MHSA-Prevention and Early Intervention (PEI) funds through Sacramento County. The program also provides services to those with private insurance, but does not receive the MHSA funds to cover the remaining 40% of the service costs, and these cannot be billed to the insurance, so the patients are left without, or with high out-of-pocket costs. Of the roughly 50-60 new cases referred to the program each year, half have private insurance and half have Medi-Cal. | 3)MHSA. The MHSA provides funding for programs within five components: a) Community Services and Supports (CSS): provides AB 38 (Eggman) Page 6 of ? direct mental health services to the severely and seriously mentally ill, such as mental health treatment, cost of health care treatment, and housing supports. CSS requires counties to direct the majority of its funds to full-service partnerships, which are county-coordinated plans, in collaboration with the client and the family to provide the full spectrum of community services and utilize a "whatever it takes" approach to providing services. Such services include peer support and crisis intervention services, and non-mental health services and supports, such as food, clothing, housing, and the cost of medical treatment; b) PEI: provides services to mental health clients in order to help prevent mental illness from becoming severe and disabling, emphasizing improving timely access to services for underserved populations. PEI programs are also required to emphasize strategies to reduce negative outcomes resulting from untreated mental illness, including suicide, school failure or dropout, incarcerations, and unemployment; c) Innovation: provides services and approaches that are creative in an effort to address mental health clients' persistent issues, such as improving services for underserved or unserved populations within the community. Innovation is funded by 5% from CSS and 5% from PEI funds; d) Capital Facilities and Technological Needs: creates additional county infrastructure, such as additional clinics and facilities, and/or development of a technological infrastructure for the mental health system, such as electronic health records for mental health services; and, e) Workforce Education and Training: provides training for existing county mental health employees, outreach and recruitment to increase employment in the mental health system, and financial incentives to recruit or retain employees within the public mental health system. 4)Prevention and early intervention (PEI). The 2015-16 fiscal year (FY) Governor's Budget projected that $1.776 billion would be deposited into the MHSF, with $320.5 million dedicated to the PEI component. According to its Web site, the OAC controls funding approval for PEI. The goal of PEI is to help counties implement AB 38 (Eggman) Page 7 of ? services that promote wellness, foster health, and prevent the suffering that can result from untreated mental illness. The PEI component requires collaboration with consumers and family members in the development of PEI projects and programs. In October 2015, the OAC finalized regulations for the PEI component, which among other things, requires the Program and Evaluation Report to describe the evaluation of each PEI component program and two strategies: access and linkage to treatment, and improving timely access to services for underserved populations. 5)Research. Background provided by the author's office includes a study published in 2008 indicating that clinicians and researchers in Canada and the United States have established a number of early intervention programs and research sites on the early course of psychosis and the prodromal period (period of initial symptom to full development) that commonly precedes psychotic disorders. In the United States several programs were described including EDAPT. The study states that EDAPT focuses on reduction of long-term disability by fostering collaboration between a clinical team and an extensive community network. Researchers from sites in both countries have formed a consortium to launch the North American Prodrome Longitudinal Study to gain a better understanding of the prodromal period of the illness and prediction of conversion from the prodromal to psychosis. Another study published in 2014 on a program called Family-aided Assertive Community Treatment (FACT) indicates that FACT is effective in improving positive, negative, disorganized and general symptoms, Global Assessment of Functioning, work and school participation and global outcome in youth at risk for, or experiencing very early, psychosis. 6)Related legislation. AB 1576 (Eggman) is similar to this bill. AB 1576 is pending in the Assembly Health Committee. AB 2017 (McCarty) establishes the College Mental Health Services Program Act, as specified, until January 1, 2022, with specified dedicated funding. Requires the Department of Health Care Services to create a grant program for specified colleges to provide required services to college students related to improved access to mental health services and early identification and intervention programs, and requires grant awardees to report to specified entities on the use of funds for programs. AB 2017 is pending in the Senate Health AB 38 (Eggman) Page 8 of ? Committee. 7)Support. According to the California Psychiatric Association, this bill will provide incentives for health plans or insurers - who typically solely provide access to psychiatrists, medications and therapy - to provide community education and outreach, case management and evidence-based education, vocation, and family support services. In turn, over the four years of the program, cost savings found in the reduction of expensive first hospital admissions are expected to demonstrate that the provision of previously uncovered benefits can be cost effective. This bill provides for results to be collected and reported out to the Legislature. In employing a coordinated specialty care model, the associated high rates of engagement among individuals who are typically difficult to engage in treatment will yield further dividends as measures of occupational and social functioning improve significantly over time, symptoms decline, and rates of remission increase. Psychosis will no longer mean an assurance of severe disability, disrupted education and vocational goals, strained relationships and untold suffering in the individual, the family and community. People with psychotic disorders can be productive contributing citizens. The California Academy of PAs writes that EDAPT is a promising model that has shown success in improving health outcomes for people experiencing mental illness nationally and in other pilot projects. 8)Policy Questions Comments. a) It is not clear what role DHCS has other than to appropriate funds to the UC Davis program to supplement private insurance payments for privately insured patients. It is also not clear what specific services health plans and insurers would be covered with this funding. b) Should there be additional eligibility criteria for those individuals for whom supplemental payments would be made? The only criteria articulated in this bill are that the patient's private insurance does not cover the full cost and the patient has been referred to the program. AB 38 (Eggman) Page 9 of ? c) Information on the EDAPT website suggests that studies of other early psychosis intervention programs have demonstrated cost savings. However, the author or sponsor has not provided the committee with an evaluation with outcome data or a cost impact analysis on this specific program. SUPPORT AND OPPOSITION : Support: California Psychiatric Association (sponsor) California Hospital Association California Academy of PAs National Association of Social Workers, California Chapter Oppose: None received -- END --