BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 59     
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          |AUTHOR:        |Waldron                                        |
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          |VERSION:       |March 28, 2016                                 |
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          |HEARING DATE:  |June 8, 2016   |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           SUBJECT  :  Mental health services: assisted outpatient treatment

           SUMMARY  : Extends the repeal date of the Assisted Outpatient Treatment  
          (AOT) Demonstration Project Act of 2002, or "Laura's Law," by  
          five years, to January 1, 2022, and deletes and recasts in  
          existing law the Department of Health Care Service's reporting  
          requirement, as specified, regarding the AOT services a county  
          provides.
          
          Existing law:
          1)Allows a county Boards of Supervisors, by resolution, to authorize  
            Laura's Law, whereby a county behavioral health director can  
            petition for a court to order a person over the age of 18 with a  
            mental illness to receive AOT if the court finds the individual  
            meets specified criteria, including: a clinical determination that  
            the person is unlikely to survive safely in the community without  
            supervision; the person has a history of noncompliance with  
            treatment for his or her mental illness; and the person's  
            condition is substantially deteriorating and participation in AOT  
            would be the least restrictive placement necessary to ensure the  
            person's recovery.

          2)Requires counties that implement Laura's Law to make 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.  

          3)Requires a county that provides court-ordered AOT services to also  
            offer the same services on a voluntary basis.

          4)Requires the Department of Health Care Services (DHCS) to  
            submit a report and evaluation of all counties implementing  
            any component of Laura's Law to the Governor and the  







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            Legislature by July 1, 2015.

          5)Sunsets Laura's Law on January 1, 2017, unless a later enacted  
            statute extends or repeals that date.

          This bill: Extends the sunset of Laura's Law by five years, to  
          January 1, 2022, and deletes and recasts in existing law DHCS's  
          reporting requirement to the Governor and Legislature, on or  
          before May 1 of each year, regarding the AOT services the county  
          provides pursuant to Laura's Law.
          
           FISCAL  
          EFFECT  : According to the Assembly Appropriations Committee, this  
          bill has negligible state fiscal effect.  

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |77 - 0                      |
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          |Assembly Appropriations Committee:  |17 - 0                      |
          |Assembly Judiciary Committee:       |  7 - 0                     |
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          |Assembly Health Committee:          |16 - 0                      |
          |                                    |                            |
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          COMMENTS  :
          1)Author's statement. According to the author, currently,  
            Laura's Law is set to sunset on January 1, 2017. Without AB  
            59, Laura's Law will expire and leave those who are mentally  
            ill without the necessary treatment they need. AOT is a  
            program that helps assist family members to initiate  
            outpatient treatment for severe mentally ill adults who are  
            incapable of seeking help on their own and have a history of  
            incarceration, hospitalization, or have threatened to hurt  
            themselves or others. AOT is an evidence-based, well-studied  
            modality of treatment that has been effective in helping and  
            stabilizing mentally ill individuals. The program has  
            increased stable housing, medication adherence, and social  
            skills building. AB 59 will ensure Laura's Law is available to  
            the families of those who are mentally ill in order to provide  
            proper care and support.
            








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          2)Laura's Law. Enacted pursuant to AB 1421 (Thompson, Chapter  
            1017, Statutes of 2002), Laura's Law established a new  
            court-ordered AOT demonstration program aimed at individuals  
            with mental illness who meet specified criteria but who do not  
            meet the criteria (danger to self or others, or gravely  
            disabled) for involuntary commitment to an inpatient facility.  
            The law is named in memory of Laura Wilcox, a 19-year-old  
            college student who was killed by a severely mentally ill man  
            who was not adhering to prescribed mental health treatment.  
            AOT provides counties with the option to implement intensive  
            programs for individuals who have difficulty maintaining their  
            mental health stability in the community and have frequent  
            hospitalizations and contact with law enforcement related to  
            untreated or undertreated mental illness. 

            Laura's Law requires a county's board of supervisors to  
            authorize implementation by resolution and to make a finding  
            that access to voluntary mental health programs serving adults  
            and children would not be reduced as a result of  
            implementation. Implementation of Laura's Law is at the  
            discretion of each county. The law did not provide for any  
            state or local funding for the program's implementation. This  
            lack of funding has been perceived as one of the barriers to  
            its implementation. According to the former Department of  
            Mental Health (DMH) in 2011, no county implemented a  
            court-ordered Laura's Law program until Nevada County  
            implemented it in 2008. Since implementation, Nevada County  
            has found that Laura's Law has resulted in: 46% reduction in  
            hospitalizations, 65% reduction in incarcerations, 61%  
            reduction in homelessness, 44% reduction in emergency  
            contacts, and $1.81-$2.52 in savings for every dollar spent as  
            a result of reducing incarceration, arrest, and  
            hospitalization.

            SB 585 (Steinberg and Correa, Chapter 288, Statutes of 2013),  
            clarified that Mental Health Services Act funds could be used  
            for AOT services if the county has implemented it. Currently,  
            fourteen counties have approved and/or implemented Laura's  
            Law: Nevada, Yolo, Placer, Mendocino, San Francisco, Contra  
            Costa, San Mateo, Kern, Orange, Los Angeles, San Diego, El  
            Dorado, Alameda, and Ventura. 

          3)Prior legislation. AB 1193 (Eggman, of 2015), would have,  
            among other things, required a county that has not held a  
            specified public hearing by January 1, 2017, to hold a hearing  








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            by January 1, 2018, and would have required the county board  
            of supervisors to consider both whether mental health programs  
            may be reduced as a result of participation in Laura's Law and  
            options for providing services other than court-ordered  
            outpatient treatment. AB 1193 was held on suspense in the  
            Assembly Appropriations Committee. 


            SB 585 (Steinberg and Correa, Chapter 288, Statutes of 2013).

            AB 1265 (Conway, of 2014), would have permitted an initial  
            court order for AOT services to be extended for up to 12  
            months (rather than the current six months), and required that  
            each person discharged from a hospital be considered for AOT  
            in the counties that have implemented Laura's Law. AB 1265  
            failed passage in the Assembly Judiciary Committee.

            AB 2266 (Waldron, of 2014), was similar to AB 1265. AB 2266  
            failed passage in the Assembly Judiciary Committee.

            SB 664 (Yee, of 2013), would have removed the requirement that  
            each county board of supervisors pass a resolution prior to  
            implementing Laura's Law, and acknowledged that counties could  
            cap the number of people under the program. SB 664 failed in  
            the Senate Appropriations Committee without being heard.

            AB 1367 (Mansoor, of 2013), would have clarified that MHSA  
            funds could be used to support Laura's Law and provided  
            outreach to school children who may be a threat to themselves  
            or others. AB 1367 failed passage in the Assembly Health  
            Committee without being heard.

            AB 1569 (Allen, Chapter 441, Statutes of 2012), extends the  
            sunset date of Laura's Law from January 1, 2013, until January  
            1, 2017, and requires DHCS to submit a report and evaluation  
            of all counties implementing any component of the law to the  
            Governor and the Legislature by July 1, 2015.

            AB 2134 (Chesbro, of 2012), would have required a county that  
            elects to provide AOT services to develop best practices for  
            the purposes of responding to a mental health crisis, and  
            would have required these best practices to include the  
            utilization of crisis intervention teams, mobile crisis teams,  
            or psychiatric emergency response teams, with an emphasis on  
            peer support.  AB 2134 failed passage in the Senate Health  








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            Committee.

            AB 2357 (Karnette and Yee, Chapter 774, Statutes of 2006),  
            extended the Laura's Law sunset date to January 1, 2013, and  
            required the former Department of Mental Health to submit a  
            progress report to the Governor and Legislature in 2011.

            AB 1421 (Thompson, Chapter 1017, Statutes of 2002). 

          4)Support. Supporters of this bill argue that extending Laura's  
            Law allows local governments to assess the needs of their  
            communities on an ongoing basis, and that it is an important  
            part of the mental health continuum of care, focusing on  
            prevention, saving lives, and improving the quality of life  
            for individuals and communities. Supporters state that  
            counties that have implements Laura's Law have also seen a  
            significant decrease in homelessness, as well as reduced  
            spending on emergency room and jail costs.

          5)Opposition. Disability Rights California (DRC) argues that it  
            has concerns about AOT programs and believes that voluntary  
            services are more effective and should be expanded. DRC states  
            that the sunset provision is important to protect the rights  
            of people with mental health disabilities in California.
          

           SUPPORT AND OPPOSITION :
          Support:  California Chapter of the American College of  
                    Emergency Physicians 
                    California State Association of Counties
                    NAMI-Contra Costa
                    San Diego Regional Chamber of Commerce
                    Tenet Healthcare
                    Urban Counties of California
                    One individual

          Oppose:   Disability Rights California

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