BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1299


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          Date of Hearing:  April 14, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                  Kansen Chu, Chair


          AB 1299  
          (Ridley-Thomas) - As Introduced February 27, 2015


          SUBJECT:  Medi-Cal:  specialty mental health services:  foster  
          children


          


          SUMMARY:  Transfers responsibility for providing or arranging  
          mental health services for foster youth from the county of  
          original jurisdiction to the foster child's county of residence.





          Specifically, this bill:  





          1)States that it is the intent of the Legislature to ensure that  
            foster children who are placed in their county of original  
            jurisdiction are able to access mental health services, as  
            specified.  Further states the intent of the Legislature to  
            overcome the barriers to mental health care existing in the  








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            current system for foster children who are placed outside  
            their county of original jurisdiction.



          2)Defines "presumptive transfer" to mean that responsibility for  
            providing or arranging for mental health services shall  
            immediately transfer from a foster youth's county of original  
            jurisdiction to his or her county of residence, provided he or  
            she is placed in a county other than the county of original  
            jurisdiction and the request is made by specified entities or  
            individuals.



          3)Requires the California Health and Human Services Agency to  
            coordinate with the Department of Health Care Services (DHCS)  
            and the Department of Social Services (DSS) to take the  
            following actions by July 1, 2016:
            


             a)   Requires DHCS to issue policy guidance, as specified,  
               that establishes the presumptive transfer of responsibility  
               for mental health services for a foster youth from his or  
               her county of original jurisdiction to his or her county of  
               residence; 

             b)   Requires DHCS, in consultation with DSS and with the  
               input of specified stakeholders, to establish the  
               conditions of and exceptions to presumptive transfer,  
               intended to improve access to mental health care services  
               and not impede the continuity of existing care; and



             c)   Requires DHCS to establish procedures for implementing  
               presumptive transfer as specified and consistent with Early  
               Periodic Screening, Diagnosis, and Treatment (EPSDT)  








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               program standards and requirements, and including a  
               procedure for expedited transfer within 48 hours.





          1)Requires the Department of Finance, by May 1, 2016, to set or  
            adjust its allocation schedule of the Behavioral Health  
            Subaccount, as specified, such that counties that pay or have  
            paid for specialty mental health services for foster children  
            placed out of county are fully reimbursed within the fiscal  
            year the services are provided.



          2)Requires DHCS, if it determines necessary, to seek approval  
            under the state's Section 1915(b) Medicaid waiver, as  
            specified.  Further specifies that DHCS shall not be required  
            to implement any provision of this bill that the Centers for  
            Medicare and Medicaid Services (CMS) determines impermissible  
            per the state's waiver.
          EXISTING LAW:  


          


          1)Establishes a state and local system of child welfare  
            services, including foster care, for children who have been  
            adjudged by the court to have been abused or neglected, or at  
            risk of abuse or neglect, as specified.  (WIC 202)

          2)Allows a juvenile court to adjudge a child a ward or a  
            dependent of the court for specified reasons, including but  
            not limited to if the child has been left without any  
            provision for support, as specified.  (WIC 300)

          3)States that the purpose of foster care law is to provide  








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            maximum safety and protection for children who are currently  
            being physically, sexually, or emotionally abused, neglected,  
            or exploited, and to ensure the safety, protection, and  
            physical and emotional well-being of children who are at risk  
            of harm.  (WIC 300.2)

          4)Establishes rights of foster children, including the right to  
            receive medical, dental, vision, and mental health services.   
            (WIC 16001.9)

          5)Establishes the federal Medicaid program to provide health  
            benefits to low-income individuals.  (42 U.S.C. Section 1396  
            et seq.) 

          6)Establishes California's Medicaid program, Medi-Cal, through  
            which eligible low-income individuals receive health care  
            services.  (WIC 14000 et seq.)

          7)Establishes the federal Early and Periodic Screening,  
            Diagnosis, and Treatment (EPSDT) program to provide  
            comprehensive and preventive health services, including  
            preventive, dental, mental health, and developmental, and  
            specialty services, to Medicaid beneficiaries under the age of  
            21.  Requires states to administer EPSDT as a condition of  
            receiving federal Medicaid funds.  (42 USC Section 1396d)

          8)Requires county mental health departments that receive full  
            system of care funding, as specified, to provide children  
            served by county social services and probation departments  
            mental health screening, assessment, participation in  
            multidisciplinary placement teams and specialty mental health  
            treatment services for children placed out of home in group  
            care, for those children who meet the definition of medical  
            necessity, to the extent resources are necessary.  (WIC  
            5867.5)

          9)Requires each local mental health plan to establish a  
            procedure to ensure access to outpatient specialty mental  
            health services, as required by EPSDT program standards, for  








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            any child in foster care who has been placed outside his or  
            her county of adjudication.  (WIC 14716)

          10)Establishes the Behavioral Health Subaccount within the  
            Support Services Account.  (GOV 30025)
          


          FISCAL EFFECT:  Unknown


          


          COMMENTS:  





          Child Welfare Services:  The purpose of California's Child  
          Welfare Services (CWS) system is to protect children from abuse  
          and neglect and provide for their health and safety.  When  
          children are identified as being at risk of abuse, neglect or  
          abandonment, county juvenile courts hold legal jurisdiction and  
          children are served by the CWS system through the appointment of  
          a social worker.  Through this system, there are multiple  
          opportunities for the custody of the child, or his or her  
          placement outside of the home, to be evaluated, reviewed and  
          determined by the judicial system, in consultation with the  
          child's social worker, to help provide the best possible  
          services to the child.  The CWS system seeks to help children  
          who have been removed from their homes reunify with their  
          parents or guardians, whenever appropriate, or unite them with  
          other individuals they consider to be family.  There are  
          currently close to 63,000 children in California's child welfare  
          system.










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          Mental health needs of foster youth:  Foster youth have a higher  
          likelihood of experiencing emotional, behavioral, and  
          developmental problems when compared to their non-foster peers.   
          Abuse and neglect and unstable placements can contribute to, and  
          exacerbate, mental health issues.  These problems, in turn, can  
          lead to other problems, like difficulty forming stable  
          relationships and succeeding in school.


          Research underscores the need for improved access to health and  
          mental health services for foster children and youth, and points  
          to the high incidence of behavioral or mental health problems  
          necessitating intervention among foster youth.  The  
          disproportionately high rates of emotional and behavioral health  
          issues for youth placed in foster care, youth transitioning from  
          foster care, and former foster youth can be correlated with  
          other barriers foster youth face (such as higher rates of  
          incarceration and homelessness and diminished rates of high  
          school completion and college attendance). 


          EPSDT:  One in three children under the age of six in the United  
          States is eligible for Medicaid.  Early and Periodic Screening,  
          Diagnosis, and Treatment (EPSDT) is Medicaid's child health  
          component.  Federal law requires a comprehensive set of benefits  
          and services to be provided to children and youth under the age  
          of 21 through Medicaid.  On top of the standard benefits that  
          Medi-Cal beneficiaries receive, children and youth are eligible  
          for additional medically necessary services.  Mental health  
          services are recognized as an important component of children's  
          health care.  Comprehensive well-child examinations including  
          screening services through EPSDT, and screening for potential  
          developmental, mental, behavioral, and/or substance use  
          disorders are required by federal law.










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          Need for this bill:  According to the author, foster children  
          are three to six times more likely to experience emotional,  
          behavioral, and developmental problems compared to non-foster  
          children.  When these mental health needs go unmet, placement  
          instability, disruptions in permanency plans, barriers to  
          educational attainment, and other consequences can result.


          Youth dubbed "out-of-county" have been placed in a county other  
          than the one in which they originally enter foster care (i.e.,  
          the "county of original jurisdiction").  The author reports  
          that, as of July 2014, close to 20% of foster children (13,000)  
          were considered "out-of-county."  "Out-of-county" foster youth  
          may be placed at greater risk because of lengthy delays or  
          denials in accessing mental health services that can result from  
          the way the system of care provision currently operates.  This  
          is because, when a youth in foster care is placed out of county,  
          the county of original jurisdiction remains responsible for  
          providing or arranging for necessary medical and mental health  
          treatment for that youth.  Mental health services - "Specialty  
          Mental Health Medi-Cal" - are separate from other medical  
          services and each county's mental health plan must authorize and  
          provide payment for the mental health services received by the  
          child.


          There are indications that out-of-county foster youth may have  
          higher needs and less access when it comes to mental health  
          care.  A 2011 report issued by the California Child Welfare  
          Council found that out-of-county foster youth were more likely  
          to have been diagnosed with a serious mental health disorder,  
          yet were 10 to 15% less likely to have received any mental  
          health services compared to their in-county peers.  And among  
          those that did receive services, in-county foster youth fared  
          better, receiving more care and more intensive treatment. 









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          The author states that:


            "The disparity in access to mental health services between  
            in-county and out-of-county children exists despite both  
            having the same entitlement to mental health services under  
            federal and state law.


            The problem stems from California's county-based system of  
            mental health delivery.  Medi-Cal Specialty Mental Health  
            Services are provided using a system of county-based managed  
            care agencies or Mental Health Plans (MHPs) under contract  
            with the Department of Health Care Services.  Each MHP, in  
            turn, contracts with local private mental health service  
            providers (or uses county mental health staff) to deliver  
            services.


            This system works efficiently for many children and youth.   
            However, the county-based MHPs face substantial administrative  
            barriers when services must be provided to children placed  
            out-of-county, that is, outside the service area for its  
            network of providers.  These problems include difficulty:  1)  
            finding providers and services in the child's county of  
            residence; 2) contracting for care; 3) getting treatment  
            authorizations; 4) coordinating and monitoring care; and 5)  
            securing adequate reimbursements from responsible parties  
            including federal, state, and local agencies."


          Recommended amendments: 

          1)Committee staff recommends the following technical amendments,  
            beginning on line 21 of page 2 of the bill: 
           
           8      (b)  In order to facilitate the receipt of medically  
          necessary








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           9   specialty mental health services by a foster child who is  
          placed
          10    outside of his or her county of original jurisdiction, the  
          California
          11   Health and Human Services Agency shall coordinate with the
          12   department and the State Department of Social Services to  
          take
          13    all of the following actions:
          14       (1)  On or before July 1, 2016, all of the following  
          shall occur:
          15      (A)  The department shall issue policy guidance,  
          pursuant to
          16  Section 14716, that establishes the presumptive transfer of
          17    responsibility for providing or arranging for mental  
          health services
          18  to foster youth, consistent with the requirements of EPSDT
          19    program standards and requirements, from the county of  
          original
          20    jurisdiction to the foster child's county of residence.
          21        (B)  "Presumptive transfer" for the purposes of this  
          section means  
          22    that absent any conditions or exceptions as established  
          pursuant  
          23     to this article, responsibility for providing or arranging  
          for mental  
          24    health services shall immediately transfer from the county  
          of
           25     original jurisdiction to the county of residence, when the  
          all of the  
          26     following conditions occur:
           27        (i)  A foster child is placed in a county other than  
          the county of
           28     original jurisdiction.
           29       (ii)  The transfer of responsibility is requested by the  
          county  
          30     child welfare services agency, county probation  
          department, foster
           31     caregiver, or any other person authorized to make medical  
          decisions








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           32     on behalf of the foster child.  
          33        (C)   (B) The department shall establish the conditions  
          and exceptions
          34    to presumptive transfer in consultation with the State  
          Department
          35    of Social Services, and with the input of stakeholders  
          that include
          36    the County Welfare Directors Association of California,  
          the County
          37   Behavioral Health Directors Association of California,  
          provider
          38   representatives, and family and youth advocates. The  
          conditions
          39    and exceptions to presumptive transfer are intended to  
          ensure that
           1    the transfer of responsibility improves access to mental  
          health care
           2    services and does not impede the continuity of existing  
          care.
           3      (D)  (C) The department shall establish the procedures for
           4   implementing presumptive transfer that are consistent with  
          the
           5   purposes and intent of this section and Early Periodic  
          Screening
           6   Diagnosis and Treatment program standards and requirements,
           7   and shall include a procedure for expedited transfer within  
          48
           8    hours.
            (c)  "Presumptive transfer" for the purposes of this section  
          means 
            that absent any conditions or exceptions as established  
            pursuant 
            to this article, responsibility for providing or arranging for  
            mental
            health services shall immediately transfer from the county of 
            original jurisdiction to the county of residence, when all of  
            the 
            following conditions occur:
            (1)  A foster child is place in a county other than the county  








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            of 
            original jurisdiction.
            (2)  The transfer of responsibility is requested by the county  

            child welfare services agency, county probation department,  
            foster 
            caregiver, or any other person authorized to make medical  
            decisions 
            on behalf of the foster child.
           9        14695.2.  By May 1, 2016, the Department of Finance  
          shall set
          10  or adjust its allocation schedule of the Behavioral Health
          11   Subaccount pursuant to the requirements of Senate Bill 1020
          12   (Chapter 40, Statutes of 2012), in order that counties that  
          have
          13   paid, or will pay, for specialty mental health services for  
          foster
          14   children placed out of county pursuant to this article, are  
          fully
          15  reimbursed during the fiscal year in which the services are
          16    provided.

          2)In order to clarify the deadline for seeking CMS waiver  
            approval being placed upon DHCS, committee staff recommends  
            the following amendment be made on line 25 of page 4 of the  
            bill: 

          17       14695.3.  (a)  If the department determines it is  
          necessary, it
          18   shall seek approval under the state's Section 1915(b)  
          Medicaid
          19   waiver from the United States Department of Health and  
          Human
          20    Services, Centers for Medicare and Medicaid Services (CMS)  
          prior
          21    to implementing this article.
          22       (b)  If the department makes the determination that it  
          is necessary
          23    to seek CMS approval pursuant to subdivision (a), the  








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          department
          24    shall make an official request for approval from CMS no  
          later than
          25    July 1, 2016, and shall do everything within its power  
          necessary to secure
          26    an expeditious approval from CMS.
          27      (c)  The department shall not be required to implement  
          any
          28    provision of this article that CMS determines is not  
          permitted under
          29    the state's waiver.

           DOUBLE REFERRAL .  This bill has been double-referred.  Should  
          this bill pass out of this committee, it will be referred to the  
          Assembly Committee on Health.



          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          California Alliance of Child and Family Services, co-sponsor 


          California Mental Health Advocates for Children and Youth  
          (CMHACY), co-sponsor


          Women's Foundation of California (co-sponsor)









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          American Federation of State, County and Municipal employees  
          (AFSCMEE), AFL-CIO 


          Aviva Family and Children's Services 


          Bill Wilson Center 


          California Council of Community Mental Health Agencies


          California Primary Care Association (CPCA)


          Crittenton Services for Children and Families


          David &Margaret Youth and Family Services 


          EMQ Families First 


          Ettie Lee Youth & Family Services 


          Families NOW 


          Family Care Network, Inc.


          Foster Youth Alliance


          Fred Finch Youth Center (FFYC)








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          Hathaway Sycamores 


          Junior Blind of America


          Maryvale


          Mendocino County Health and Human Services Agency 


          National Association of Social Workers, CA Chapter (NASW-CA) 


          OPTIMIST


          Orange County Alliance for Children and Families 


          San Diego Center for Children (the Center) 


          Seneca Family of Agencies 


          Sierra Forever Families 


          Steinberg Institute 


          Sunny Hills Services 


          The Association of Community Human Services Agencies (ACHSA) 








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          The Village Family Services 


          The Women's Foundation of California 


          TLC Child and Family Services 


          Trinity Youth Services 


          United Advocates for Children and Families (UACF) 


          Valley Teen Ranch 


          Young Minds Advocacy Project


          Youth Homes Inc. 





          Opposition





          None on file.











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          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089