BILL NUMBER: AB 168 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Maienschein
JANUARY 22, 2015
An act to add amend
Section 14021.2 to of the Welfare and
Institutions Code, and to amend Section 1 of Chapter 6 of the
Statutes of 2016, relating to mental health services.
LEGISLATIVE COUNSEL'S DIGEST
AB 168, as amended, Maienschein. Mental health: community-based
services.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is, in part, governed and funded by
federal Medicaid provisions. Existing law provides for a schedule of
benefits under the Medi-Cal program and provides for specified
services, including various mental health services. Existing federal
law, the Protecting Access to Medicare Act of 2014, requires the
United States Secretary of Health and Human Services to, among other
things, select, no later than September 1, 2017,
select from among those states awarded a planning
grant to grant, the states that may participate
in a time-limited demonstration program that is designed to improve
access to community mental health and substance use treatment
services provided by certified community behavioral health clinics.
Existing law requires the department to develop a proposal for
the United States Secretary of Health and Human Services to be
selected as a participating state in this time-limited demonstration
program, as specified.
This bill would require the department to develop and submit a
proposal to the United States Secretary of Health and Human Services
to be selected as a participating state in the time-limited
demonstration program described above to receive enhanced federal
matching funds for mental health services provided by certified
community behavioral health clinics to Medi-Cal beneficiaries. The
bill would require the department to work with counties and other
stakeholders in developing its proposal for participation in the
demonstration program. The bill would also require the department to
include in its proposal a requirement that a county shall not be
selected to participate in the demonstration program unless the
county includes plans to redirect a portion of the funds currently
used to match federal funds to provide increased housing
opportunities for individuals with severe mental illnesses, as
specified.
This bill would require the department to submit a report to the
Legislature by March 1, 2017, to include specified information if the
state is selected as a participating state in this time-limited
demonstration program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1 of Chapter 6 of the Statutes
of 2016 is amended to read:
SECTION 1. The Legislature finds and declares the following:
(a) In 2014 Congress enacted the federal Protecting Access to
Medicare Act of 2014.
(b) Under the Protecting Access to Medicare Act, eight states will
be selected to have their federal share of costs increased to 65
percent for two years for outpatient behavioral health care for
individuals with severe mental illnesses or serious emotional
disturbances.
(c) This federal funding would free up substantial funds in
participating counties that are currently being used to match federal
funds. The money that is currently being used to match federal funds
would be available to be used to meet the mental health service and
housing needs of those individuals who are not currently receiving
the behavioral health care that they need.
(c)
( d) In October 2015, the United States
Secretary of Health and Human Services awarded California a planning
grant pursuant to Section 223 of the federal Protecting Access to
Medicare Act of 2014 which partially supported California in, among
other things, developing its proposal to participate in the two-year
demonstration program.
(e) California is among 24 states competing to be one of the eight
states chosen to participate in the two-year demonstration program.
(d)
( f) The Mental Health Services Act was
approved by voters in 2004 for the primary purpose of addressing
unmet mental health needs.
(e)
( g) It is an appropriate use of Mental
Health Services Act funds to support California's application to
participate in this demonstration program, including by using these
funds to prepare actuarial rates and provide technical assistance to
counties seeking to become certified community behavioral health
centers.
(f)
( h) This act is consistent with and
furthers the intent of the Mental Health Services Act within the
meaning of Section 18 of the Mental Health Services Act.
SEC. 2. Section 14021.2 of the Welfare
and Institutions Code is amended to read:
14021.2. (a) The department shall develop a proposal for the
United States Secretary of Health and Human Services for selection as
a participating state in the time-limited demonstration program
pursuant to Section 223 of the federal Protecting Access to Medicare
Act of 2014 (Public Law 113-93) in order to improve mental health
services furnished by certified community behavioral health clinics
to Medi-Cal beneficiaries.
(b) The department shall use the funds appropriated in the act
that added this section to pay any costs that will support the
development of a competitive proposal, including, but not limited to,
establishing actuarially sound rates and providing technical
assistance to counties.
(c) If the state is selected as a participating state in the
time-limited demonstration program described in subdivision (a), the
department, by March 1, 2017, shall submit a report to the
Legislature that includes the following information:
(1) The names of the participating counties.
(2) The estimated amount of additional funding each county is
expected to receive under the demonstration program.
(3) The proposed uses of the additional funds and the county funds
no longer required to be used as the federal match.
(4) A description of the improved partnerships with veterans
organizations, primary care providers, health plans, educational
agencies, and other organizations that the demonstration program
includes.
(5) Other identified benefits from the demonstration program
funding and planning process, and recommendations on any components
of the demonstration program that could be extended to other
counties.
(d) (1) The requirement for submitting a report imposed under
subdivision (c) is inoperative on March 1, 2021, pursuant to Section
10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (c) shall be
submitted in compliance with Section 9795 of the Government Code.
SECTION 1. The Legislature finds and declares
the following:
(a) In 2014 Congress enacted the federal Protecting Access to
Medicare Act of 2014.
(b) Under the Protecting Access to Medicare Act, eight states will
be selected to have their federal share of costs increased to 90
percent for two years for outpatient behavioral health care for
individuals with severe mental illnesses or serious emotional
disturbances.
(c) If successful, this federal opportunity would enable
California to serve the tens of thousands of individuals with those
conditions that it now lacks the funding to serve.
(d) A major challenge in serving that population is that many are
homeless and in need of housing assistance. Federal funding cannot
pay for that housing assistance.
(e) This federal funding would free up nearly $2 billion in county
funds now being used to match federal funds. The money that is
currently being used to match federal funds will now be available to
be used to meet the housing needs of those individuals who are not
currently receiving the behavioral health care that they need.
(f) In October 2015, the United States Secretary of Health and
Human Services awarded California a planning grant pursuant to
Section 223 of the federal Protecting Access to Medicare Act of 2014
to support California in, among other things, developing its proposal
to participate in the two-year demonstration program.
SEC. 2. Section 14021.2 is added to the Welfare
and Institutions Code, to read:
14021.2. (a) The department shall develop and submit a proposal
to the United States Secretary of Health and Human Services for
selection as a participating state in the time-limited demonstration
program pursuant to Section 223 of the federal Protecting Access to
Medicare Act of 2014 (Public Law 113-93) in order to improve mental
health services furnished by certified community behavioral health
clinics to Medi-Cal beneficiaries.
(b) In planning to develop its proposal for the demonstration
program, the department shall work with counties and other
stakeholders to identify the unmet need for the covered services and
to estimate the number of individuals who will need housing
assistance.
(c) The proposal shall require that counties shall not be selected
to participate in the demonstration program unless they include
plans to redirect a portion of the funds that are currently used to
match federal funds but will not be needed for that purpose during
the demonstration period to provide increased housing opportunities
for individuals with severe mental illnesses.