BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 741


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          Date of Hearing:  April 21, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 741  
          Williams - As Amended April 15, 2015


          SUBJECT:  Medi-Cal:  comprehensive mental health crisis  
          services.


          SUMMARY:  Requires Medi-Cal reimbursement for comprehensive  
          mental health crisis services, including crisis intervention,  
          crisis stabilization, crisis residential treatment,  
          rehabilitative mental health services, and mobile crisis support  
          teams for children and youth.  Specifically, this bill:  


          1)Expands the definition of "social rehabilitation facility" to  
            include residential facilities that provide treatment for  
            individuals in a mental health crisis in addition to treatment  
            to individuals recovering from mental illness. 



          2)Expands allowable services provided by a social rehabilitation  
            facility to include children and adolescents, in addition to  
            adults.
             


          3)Adds specified services to the schedule of reimbursable  
            Medi-Cal benefits.








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          4)Requires the Department of Health Care Services (DHCS) to seek  
            approval of any necessary state plan amendments necessary for  
            implementation. 



          5)Specifies that federal financial participation must be  
            available and that any necessary federal approvals must be  
            obtained before these provisions can be implemented.
          EXISTING LAW:  


          1)Establishes in federal law the Medicaid program to provide  
            comprehensive health benefits to low income persons.

          2)Establishes the Medi-Cal program as California's Medicaid  
            program.

          3)Establishes specified Medi-Cal benefits, some required by  
            federal law, and other benefits which are optional under  
            federal law.

          4)Defines "social rehabilitation facility" as any residential  
            facility that provides social rehabilitation services in a  
            group setting up to 18 months to adults recovering from mental  
            illness who temporarily need assistance, guidance, or  
            counseling. 
          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, the objective  
            for mental health services, guided by the federal Olmstead  








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            Act, is to provide treatment in the least restrictive setting  
            possible.  The overarching goal of existing programs is to  
            keep youth experiencing a mental health crisis in calm,  
            familiar environments where their mental health needs can be  
            met.  Currently, an estimated three out of every four children  
            in the U.S. that need mental health services, do not receive  
            them.  Nearly 20% of high school students in California  
            consider suicide at some point in their lives and more than  
            10% actually attempt it.  With 47 out of 58 counties lacking  
            any child/adolescent psychiatric hospital inpatient beds for  
            children under 12 (and fewer than 70 beds statewide), the need  
            for children's crisis residential services could not be more  
            acute.  Among the benefits already included in the State  
            Mental Health Plan are: crisis intervention; crisis  
            stabilization; crisis residential treatment services; and the  
            Early and Periodic Screening, Diagnostic and Treatment (EPSDT)  
            supplemental Specialty Mental Health Services.  Without a  
            licensing category specific to children's crisis residential  
            programs, however, this critically needed service - both in  
            lieu of inpatient care and as a step down from inpatient care  
            - is missing from the continuum of care.

          The author provides an example of the status quo.  A nine  
            year-old child is experiencing increased behavioral and  
            emotional symptoms which include persistent suicidal and  
            homicidal thoughts.  Outpatient services available within the  
            family's county are not able to meet the child's increased  
            needs.  The only immediately available intervention is  
            psychiatric hospitalization.  The child experiences six  
            hospital stays in three weeks, all at facilities at least  
            three to five hours away from home.  As the client returns  
            home, the lack of crisis services increase the risk of a yet  
            another hospitalization.

          2)BACKGROUND.  California has a decentralized public mental  
            health system with most direct services provided through the  
            county mental health system.  Counties (i.e., county mental  
            health plans) have the primary funding and programmatic  
            responsibility for the majority of local mental health  








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            programs.  The state is required to meet certain federal  
            requirements, including those set forth by Medicaid's child  
            health component, known as the EPSDT program.  EPSDT is a  
            Medi-Cal benefit for individuals under the age of 21 who have  
            full-scope Medi-Cal eligibility.  Federal law - including  
            statutes, regulations, and guidelines - requires that Medi-Cal  
            cover a very comprehensive set of benefits and services for  
            children, different from adult benefits.  EPSDT provides  
            eligible children access to a range of mental health services  
            that include, but are not limited to:



             a)   Mental health assessment;
             b)   Therapy; 


             c)   Rehabilitation;


             d)   Mental health services; 


             e)   Medication support services; 


             f)   Day rehabilitation;


             g)   Day treatment intensive; 


             h)   Crisis intervention/stabilization;


             i)   Targeted case management;


             j)   Therapeutic behavioral services.








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          3)CRISIS RESIDENTIAL PROGRAMS.  According to a 2010 report by  
            the California Mental Health Planning Council, crisis  
            residential programs are a lower-cost, community-based  
            treatment option in home-like settings that help reduce  
            emergency department visits and divert hospitalization and  
            incarcerations.  These programs include peer-run programs such  
            as crisis respites that offer safer, trauma-informed  
            alternatives to psychiatric emergency units, or other locked  
            facilities.  The report indicates that crisis residential  
            programs reduce unnecessary stays in psychiatric hospitals,  
            reduce the number and expense of emergency room visits, and  
            divert inappropriate incarcerations while producing the same  
            or superior outcomes to those of institutionalized care.  The  
            report states that, as the costs for inpatient treatment  
            continue to rise, the need to expand an appropriate array of  
            acute treatment settings becomes more urgent, and state and  
            county mental health systems should encourage and support  
            alternatives to costly institutionalization and improve the  
            continuum of care to better serve individuals experiencing an  
            acute psychiatric episode.

          4)MOBILE CRISIS SUPPORT TEAMS.  Mobile crisis support teams can  
            be utilized to provide crisis intervention, family support,  
            and Welfare and Institutions Code Section 5150 involuntary  
            psychiatric evaluations.  These teams meet law enforcement in  
            the field and, among other things, provide diversion into  
            appropriate treatment arrangements.  These teams have been  
            used in several areas across the state (for example, Sonoma  
            County's Mobile Support Team and the City of Berkeley's Mobile  
            Crisis Team).  A mobile crisis team typically consists of an  
            interdisciplinary team of mental health professionals (e.g.,  
            nurses, social workers, psychiatrists, psychologists, mental  
            health technicians, addiction specialists, or peer counselors)  
            that respond to individuals in the community through home  
            visits or responses to incidents at other locations.









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          5)CRISIS STABILIZATION.  Crisis stabilization services are those  
            lasting less than 24 hours for individuals who are in  
            psychiatric crisis whose needs cannot be accommodated safely  
            in a residential service setting.  Crisis stabilization must  
            be provided onsite at a 24-hour health facility,  
            hospital-based outpatient program, or at other certified  
            provider sites.  The goal of the crisis stabilization is to  
            stabilize the consumer and re-integrate him or her back into  
            the community quickly.  According to various reports, costs  
            for providing care in a crisis stabilization unit are  
            significantly lower than inpatient hospitalization.



          6)SUPPORT.  According to the California Alliance of Child and  
            Family Services, cosponsors of this bill, and other  
            supporters, this bill is aimed at addressing a critical  
            component missing in the continuum of specialty mental health  
            services for children and youth in California - children's  
            crisis residential services.  This bill creates the needed  
            licensing category to ensure that counties and their  
            community-based providers have the ability to develop crisis  
            residential programs with an appropriate licensing category,  
            to ensure children and youth have access to mental health  
            services that are responsive to their individual needs and  
            strengths in a timely manner, and consistent with the  
            requirements of the Medi-Cal Early Periodic Screening  
            Diagnosis and Treatment (EPSDT) and Specialty Mental Health  
            Services (SMHS) program standards and requirements.  There is  
            no question that a full continuum of care for children and  
            youth with critical mental health needs is both essential and  
            required by law.  The lack of a licensing component for crisis  
            residential services, however, is preventing the development  
            of this much needed program which would provide a  
            residentially-based acute care option in a less restrictive  
            environment than inpatient hospitalization and would offer a  
            more appropriate alternative for children that do not require  








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            a hospital level of care.



          The California Council of Community Mental Health Agencies, also  
            a cosponsor of the bill, and others in support including the  
            Steinberg Institute, state that this bill seeks to add to the  
            schedule of benefits comprehensive mental health crisis  
            services.  This change would address the gaps in our state's  
            crisis services continuum for children and youth in  
            California.  Supporters argue that crisis care for children is  
            a significant gap in our current mental health provision, and  
            this bill will take steps to correct this large deficiency.
            The National Association of Social Workers - California  
            Chapter state in support of the bill that comprehensive mental  
            health crisis services are currently lacking statewide.   
            Without these services, children and youth experiencing mental  
            health crises are forced to use emergency rooms as their only  
            option for receiving mental health services.  In counties  
            without inpatient hospital beds, children and youth needing  
            services are forced to try other neighboring counties.  This  
            bill expands mental health services throughout the state,  
            making it easier for children and youth to receive timely and  
            comprehensive services.


          7)RELATED LEGISLATION.  AB 1018 (Cooper) requires DHCS to allow  
            county mental health plans to contract with LEAs to provide  
            services for Medi-Cal eligible pupils.  AB 1018 is pending in  
            the Assembly Health Committee. 


          8)PREVIOUS LEGISLATION.  SB 82 (Committee on Budget and Fiscal  
            Review), Chapter 34, Statutes 2013, established the Investment  
            in Mental Health Wellness Act of 2013 and authorizes the  
            California Health Facilities Financing Authority to administer  
            a program to increase capacity for mobile crisis support,  
            crisis intervention, crisis stabilization services, crisis  
            residential treatment, and specified personnel resources. 








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          REGISTERED SUPPORT / OPPOSITION:





          Support



          California Alliance of Child and Family Services (co-sponsor)
          California Council of Community Mental Health Agencies  
          (co-sponsor)


          California Chapter of the American College of Emergency  
          Physicians
          California Mental Health Advocates for Children and Youth
          California Primary Care Association
          California Psychiatric Association
          California Psychological Association 


          Casa Pacifica Centers for Children and Families


          Crittenton Services for Children and Families
          Junior Blind of America
          Lincoln Child Center


          Mental Health America of California
          National Association of Social Workers - California Chapter
          Remi Vista, Inc. 
          Seneca Family of Agencies 
          Sierra Sacramento Valley Medical Society










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          Stars Behavioral Health Group
          Steinberg Institute
          United Advocates for Children and Families


          Opposition


          None on file.




          Analysis Prepared by:Paula Villescaz / HEALTH / (916) 319-2097