BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1299


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        ASSEMBLY THIRD READING


        AB  
        1299 (Ridley-Thomas)


        As Amended  April 21, 2015


        Majority vote


         ------------------------------------------------------------------- 
        |Committee       |Votes |Ayes                 |Noes                 |
        |                |      |                     |                     |
        |                |      |                     |                     |
        |----------------+------+---------------------+---------------------|
        |Human Services  |7-0   |Chu, Mayes,          |                     |
        |                |      |Calderon, Lopez,     |                     |
        |                |      |Maienschein, Mark    |                     |
        |                |      |Stone, Thurmond      |                     |
        |                |      |                     |                     |
        |----------------+------+---------------------+---------------------|
        |Health          |19-0  |Bonta, Maienschein,  |                     |
        |                |      |Bonilla, Burke,      |                     |
        |                |      |Chávez, Chiu, Gomez, |                     |
        |                |      |Gonzalez, Roger      |                     |
        |                |      |Hernández, Lackey,   |                     |
        |                |      |Nazarian, Patterson, |                     |
        |                |      |Ridley-Thomas,       |                     |
        |                |      |Rodriguez, Santiago, |                     |
        |                |      |Steinorth, Thurmond, |                     |
        |                |      |Waldron, Wood        |                     |
        |                |      |                     |                     |
        |----------------+------+---------------------+---------------------|
        |Appropriations  |17-0  |Gomez, Bigelow,      |                     |
        |                |      |Bonta, Calderon,     |                     |
        |                |      |Chang, Daly, Eggman, |                     |








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        |                |      |Gallagher,           |                     |
        |                |      |                     |                     |
        |                |      |                     |                     |
        |                |      |Eduardo Garcia,      |                     |
        |                |      |Gordon, Holden,      |                     |
        |                |      |Jones, Quirk,        |                     |
        |                |      |Rendon, Wagner,      |                     |
        |                |      |Weber, Wood          |                     |
        |                |      |                     |                     |
        |                |      |                     |                     |
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        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  
          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  








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          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) 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, by July  
          1, 2016.  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.










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        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.  (Welfare and Institutions Code (WIC)  
          Section 202)


        2)States that the purpose of foster care law is to provide 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  
          Section 300.2)


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


        4)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  
          United States Code Section 1396  (  d))


        5)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  








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          are necessary.  (WIC Section 5867.5)


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


        7)Establishes the Behavioral Health Subaccount within the Support  
          Services Account.  (Government Code Section 30025)


        FISCAL EFFECT:  According to the Assembly Appropriations Committee,  
        this bill will result in annual increased costs in the EPSDT program  
        in the low millions (approximately 50% General Fund), possibly more  
        to the extent this bill increases access to mental health services  
        for youth who face treatment and service barriers when  placed  
        out-of-county.


        COMMENTS:  


        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  








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        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.  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.


        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  








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        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. 




        Analysis Prepared by:                                               
        Daphne Hunt / HUM. S. / (916) 319-2089  FN: 0000626