Amended in Senate August 17, 2016

Amended in Senate June 20, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 168


Introduced by Assembly Member Maienschein

January 22, 2015


An act to amend Section 14021.2 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, no later than September 1, 2017, select from among those states awarded a planning 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 tobegin delete submit a reportend deletebegin insert provide an updateend insert 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:

P2    1

SECTION 1.  

Section 1 of Chapter 6 of the Statutes of 2016 is
2amended to read:

3

begin deleteSECTION 1.end delete
4
begin insertSection 1.end insert  

The Legislature finds and declares the following:

5(a) In 2014 Congress enacted the federal Protecting Access to
6Medicare Act of 2014.

7(b) Under the Protecting Access to Medicare Act, eight states
8will be selected to have their federal share of costs increased to 65
9percent for two years for outpatient behavioral health care for
10individuals with severe mental illnesses or serious emotional
11disturbances.

12(c) This federal funding would free up substantial funds in
13participating counties that are currently being used to match federal
14funds. The money that is currently being used to match federal
15funds would be available to be used to meet the mental health
16service and housing needs of those individuals who are not
17currently receiving the behavioral health care that they need.

18(d) In October 2015, the United States Secretary of Health and
19Human Services awarded California a planning grant pursuant to
20Section 223 of the federal Protecting Access to Medicare Act of
212014 which partially supported California in, among other things,
22developing its proposal to participate in the two-year demonstration
23program.

24(e) California is among 24 states competing to be one of the
25eight states chosen to participate in the two-year demonstration
26program.

P3    1(f) The Mental Health Services Act was approved by voters in
22004 for the primary purpose of addressing unmet mental health
3needs.

4(g) It is an appropriate use of Mental Health Services Act funds
5to support California’s application to participate in this
6demonstration program, including by using these funds to prepare
7actuarial rates and provide technical assistance to counties seeking
8to become certified community behavioral health centers.

9(h) This act is consistent with and furthers the intent of the
10Mental Health Services Act within the meaning of Section 18 of
11the Mental Health Services Act.

12

SEC. 2.  

Section 14021.2 of the Welfare and Institutions Code
13 is amended to read:

14

14021.2.  

(a) The department shall develop a proposal for the
15United States Secretary of Health and Human Services for selection
16as a participating state in the time-limited demonstration program
17pursuant to Section 223 of the federal Protecting Access to
18Medicare Act of 2014 (Public Law 113-93) in order to improve
19mental health services furnished by certified community behavioral
20health clinics to Medi-Cal beneficiaries.

21(b) The department shall use the funds appropriated in the act
22that added this section to pay any costs that will support the
23development of a competitive proposal, including, but not limited
24to, establishing actuarially sound rates and providing technical
25assistance to counties.

26(c) If the state is selected as a participating state in the
27time-limited demonstration program described in subdivision (a),
28the department, by March 1, 2017, shallbegin delete submit a reportend deletebegin insert provide
29an updateend insert
to the Legislature thatbegin delete includesend deletebegin insert includes, to the extent
30it is available,end insert
the following information:

31(1) The names of the participating counties.

32(2) The estimated amount of additional funding each county is
33expected to receive under the demonstration program.

34(3) The proposed uses of the additional funds and the county
35funds no longer required to be used as the federal match.

36(4) A description of the improved partnershipsbegin delete withend deletebegin insert between
37certified community behavioral health clinics andend insert
veterans
38organizations, primary care providers, health plans, educational
39agencies, and other organizations that the demonstration program
40includes.

P4    1(5) Other identified benefits from the demonstration program
2funding and planning process, and recommendations on any
3components of the demonstration program that could be extended
4to other counties.

begin delete

5(d) (1) The requirement for submitting a report imposed under
6subdivision (c) is inoperative on March 1, 2021, pursuant to Section
710231.5 of the Government Code.

end delete
begin delete

8(2) A report to be submitted pursuant to subdivision (c) shall
9be submitted in compliance with Section 9795 of the Government
10Code.

end delete


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