Amended in Senate February 22, 2016

Amended in Senate February 10, 2016

Amended in Assembly April 30, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 847


Introduced by Assembly Members Mullin and Ridley-Thomas

February 26, 2015


An act to add Section 14021.2 to the Welfare and Institutions Code, relating to mental health, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 847, as amended, Mullin. Mental health: community-based services.

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The act provides that it may be amended by the Legislature by a 23 vote of each house as long as the amendment is consistent with and furthers the intent of the act, and that the Legislature maybegin delete alsoend delete clarify procedures and terms of the act by majority vote.

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,begin delete select,end delete no later than September 1, 2017,begin insert select fromend insert among those states awarded a planningbegin delete grant toend deletebegin insert grant, the states that mayend insert 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.

This bill would require the department to developbegin delete and submitend delete a proposalbegin delete toend deletebegin insert forend insert 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 appropriate $1,000,000 from the Mental Health Services Act Fund to the State Department of Health Care Services to develop that proposal.begin insert The bill would make findings and declarations of the Legislature, including that the changesend insertbegin insert the bill would make are consistent with and further the intent of the act.end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) In 2014 Congress enacted the federal Protecting Access to
3Medicare Act of 2014.

4(b) Under the Protecting Access to Medicare Act, eight states
5will be selected to have their federal share of costs increased to 65
6percent for two years for outpatient behavioral health care for
7individuals with severe mental illnesses or serious emotional
8disturbances.

begin delete

9(c) If successful, this federal opportunity would enable
10California to serve the tens of thousands of individuals with those
11conditions that it now lacks the funding to serve.

P3    1(d) A major challenge in serving that population is that many
2are homeless and in need of housing assistance. Federal funding
3cannot pay for that housing assistance.

4(e) This federal funding would free up nearly $2 billion in
5county funds now being used to match federal funds. The money
6that is currently being used to match federal funds will now be
7available to be used to meet the housing and other needs of those
8individuals who are not currently receiving the behavioral health
9care that they need.

10(f)

end delete

11begin insert(c)end insert In October 2015, the United States Secretary of Health and
12Human Services awarded California a planning grant pursuant to
13Section 223 of the federal Protecting Access to Medicare Act of
142014begin delete to supportend deletebegin insert which partially supportedend insert California in, among
15other things, developing its proposal to participate in the two-year
16demonstration program.

begin delete

17(g)

end delete

18begin insert(end insertbegin insertd)end insert The Mental Health Services Act was approved by voters in
192004 for the primary purpose of addressing unmet mental health
20needs.

begin delete

21(h)

end delete

22begin insert(end insertbegin inserte)end insert It is an appropriate use of Mental Health Services Act funds
23to support California’s application to participate in this
24demonstrationbegin delete programend deletebegin insert program,end insert includingbegin delete the use ofend deletebegin insert by usingend insert
25 these funds to prepare actuarial rates and provide technical
26assistance to counties seeking to become certified community
27behavioral health centers.

begin delete

28(i) Successful participation in this demonstration program will
29also result in significant General Fund savings due to reduced
30hospitalizations of people with severe mental illnesses who do not
31receive the behavioral health treatment they need, as well as savings
32from the portion of mental health care that is paid for by Medi-Cal
33managed care plans.

end delete
begin insert

34(f) This act is consistent with and furthers the intent of the
35Mental Health Services Act within the meaning of Section 18 of
36the Mental Health Services Act.

end insert
37

SEC. 2.  

Section 14021.2 is added to the Welfare and
38Institutions Code
, to read:

39

14021.2.  

(a) The department shall developbegin delete and submitend delete a
40proposalbegin delete toend deletebegin insert forend insert the United States Secretary of Health and Human
P4    1Services for selection as a participating state in the time-limited
2demonstration program pursuant to Section 223 of the federal
3Protecting Access to Medicare Act of 2014 (Public Law 113-93)
4in order to improve mental health services furnished by certified
5community behavioral health clinics to Medi-Cal beneficiaries.

6(b) The department shall use the funds appropriated in the act
7that added this section to pay any costs that will support the
8development of a competitive proposal, including, but not limited
9to, establishing actuarially sound rates and providing technical
10assistance to counties.

11

SEC. 3.  

The sum of one million dollars ($1,000,000) is hereby
12appropriated from the Mental Health Services Fund to the State
13Department of Health Care Services for the purpose of developing
14the proposal described in Section 14021.2 of the Welfare and
15Institutions Code.

16

SEC. 4.  

This act is an urgency statute necessary for the
17immediate preservation of the public peace, health, or safety within
18the meaning of Article IV of the Constitution and shall go into
19immediate effect. The facts constituting the necessity are:

20In order tobegin delete requireend deletebegin insert provide necessary funding toend insert the State
21Department of Health Care Servicesbegin delete to develop and submitend deletebegin insert for the
22development ofend insert
a proposal to participate in the federal Protecting
23Access to Medicare Act of 2014 demonstrationbegin delete program, and to
24fund the development of that proposal,end delete
begin insert programend insert before the deadline
25to apply for participation in the demonstration program, it is
26necessary that this bill go into immediate effect.



O

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