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 --