BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1299             
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          |AUTHOR:        |Ridley-Thomas                                  |
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          |VERSION:       |April 21, 2015                                 |
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          |HEARING DATE:  |June 17, 2015  |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           SUBJECT  :  Medi-Cal: specialty mental health services: foster  
          children.

           SUMMARY  :  Requires the California Health and Human Services Agency to  
          coordinate with the Departments of Health Care Services (DHCS)  
          and Social Services to facilitate the receipt of medically  
          necessary specialty mental health services by foster youth, as  
          specified, and for DHCS to meet specific conditions on or before  
          July 1, 2016. Requires the Department of Finance to set or  
          adjust its allocation schedule of the Behavioral Health  
          Subaccount, as specified. Requires DHCS to seek federal  
          approval, as specified, to implement the provisions in this  
          bill.

          Existing law:
          1)Establishes California's Medicaid program, Medi-Cal, through  
            which eligible low-income individuals receive health care  
            services. 

          2)Establishes the federal Early and Periodic Screening,  
            Diagnosis, and Treatment (EPSDT) program to provide  
            comprehensive and preventive health services, including  
            preventive, dental, Mental Health (MH), developmental, and  
            specialty services to Medi-Cal beneficiaries under the age of  
            21 who have full-scope Medi-Cal eligibility. Requires states  
            to administer EPSDT as a condition of receiving federal  
            Medicaid funds.  

          3)Requires county MH departments that receive full system of  
            care funding, as specified, to provide children who are served  
            by county social services and probation departments with MH  
            screening, assessment, participation in multidisciplinary  
            placement teams, and specialty MH treatment services for  







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            children placed out of home in group care, for those children  
            who meet the definition of medical necessity, to the extent  
            resources are necessary.  

          4)Requires each local MH plan to establish a procedure to ensure  
            access to outpatient specialty MH services, as required by  
            EPSDT program standards, for any child in foster care who has  
            been placed outside his or her county of adjudication.  
            Requires the local MH plan of the county of original  
            jurisdiction for a foster youth to remain responsible for  
            providing or arranging for specialty MH services, including  
            the costs of services, unless there is a written contract in  
            which the county of residence accepts responsibility for  
            payment. 

          5)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.  

          6)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.  

          7)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. 

          8)Establishes rights of foster youth, including the right to  
            receive medical, dental, vision, and MH services. 
             
          9)Establishes the Behavioral Health Subaccount, within the  
            Support Services Account, which funds specialty MH, Drug  
            Medi-Cal, residential perinatal drug services and treatment;  
            drug court operations, and other non-Drug Medi-Cal programs.
          
          This bill:
          1)Requires the California Health and Human Services Agency  
            (CHHSA) to coordinate with DHCS and Department of Social  
            Services (DSS) to facilitate the receipt of medically  
            necessary specialty MH services by foster youth placed outside  








          AB 1299 (Ridley-Thomas)                           Page 3 of ?
          
          
            his or her county of original jurisdiction. Requires DHCS to  
            do the following on or before July 1, 2016:

                  a)        Issue policy guidance that establishes the  
                    "presumptive transfer," as defined, of responsibility  
                    for providing or arranging MH services to foster  
                    youth, consistent with EPSDT standards and  
                    requirements, from the county of original jurisdiction  
                    to the foster youth's county of residence;
                  b)        Establish conditions and exceptions to  
                    presumptive transfer in consultation with DSS and with  
                    input from stakeholders, including the County Welfare  
                    Directors Association of California, the California  
                    Behavioral Health Directors Association of California,  
                    provider representatives, and family and youth  
                    advocates. The conditions and exceptions to  
                    presumptive transfer are intended to ensure that the  
                    transfer or responsibility improves access to MH  
                    services and does not impede the continuity of  
                    existing care; and,
                  c)        Establish procedures for implementing  
                    presumptive transfer that are consistent with the  
                    purpose and intent of the provisions of this bill and  
                    EPSDT standards and requirements. Requires DHCS to  
                    include a procedure for expedited transfer within 48  
                    hours.

          2)Defines "presumptive transfer" as responsibility for providing  
            or arranging for MH services being immediately transferred  
            from the county of original jurisdiction to the county of  
            residence, when the following occur:

                  a)        A foster child is placed in a county other  
                    than the county of original jurisdiction; and,
                  b)        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.

          3)Requires Department of Finance (DOF), by May 1, 2016, to set  
            or adjust its allocation schedule of the Behavioral Health  
            Subaccount so that counties that have paid, or will pay, for  
            specialty MH services for foster youth placed out-of-county,  
            pursuant to the provisions in this bill, are fully reimbursed  








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            during the fiscal year in which the services were provided.

          4)Requires DHCS, if it determines it is necessary, to seek  
            approval under the state's Section 1915(b) Medicaid Waiver  
            from the Centers for Medicare and Medicaid Services (CMS)  
            prior to implementing the provisions in this bill. Prohibits  
            DHCS from implementing any provision that CMS determines is  
            not permitted under the state's 1915(b) waiver. (The state's  
            specialty MH services are operated under a section of the  
            1915(b) waiver.)

           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 MH  
          services for youth who face treatment and service barriers when  
          placed out-of-county.

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |80 - 0                      |
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          |Assembly Appropriations Committee:  |17 - 0                      |
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          |Assembly Human Services Committee:  |7 - 0                       |
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          COMMENTS  :
          1)Author's statement. According to the author, foster youth are  
            three to six times more likely than non-foster youth to  
            experience emotional, behavioral, and developmental problems.  
            When a foster youth's MH needs are not met, the result is  
            often placement instability; disruptions in permanency plans;  
            school failure; costly care in group homes, residential  
            treatment facilities, and psychiatric hospitals; delinquency;  
            and even death. Especially at risk are foster youth placed  
            across county lines, who often experience lengthy delays or  
            denials in accessing MH services. According to the most recent  
            data from the California Child Welfare Indicators Project at  
            UC Berkeley, almost one-in-five foster youth statewide (an  
            estimated 13,000) live in placements across county lines, or  








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            "out-of-county." This disparity in access to MH services  
            between in-county and out-of-county youth exists despite both  
            having the same entitlement to MH services under federal and  
            state law.

          2)Background. The purpose of state'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 the state's CWS.

            California has a decentralized public MH system with most  
            direct services provided through the county MH system.  
            Counties (county MH plans) have the primary funding and  
            programmatic responsibility for the majority of local MH  
            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. Federal  
            law-including statutes, regulations, and guidelines-requires  
            Medi-Cal to cover a very comprehensive set of benefits and  
            services for children, different from adult benefits. EPSDT  
            provides eligible children access to a range of MH services  
            that include, but are not limited to, MH assessment and  
            services, therapy, rehabilitation, medication support  
            services, day rehabilitation, day treatment intensive, crisis  
            intervention/stabilization, targeted case management, and  
            therapeutic behavioral services.

          3)MH 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 MH issues. These problems can  
            lead to other problems, like difficulty forming stable  








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            relationships and succeeding in school. Research underscores  
            the need for improved access to health and MH services for  
            foster youth, and points to the high incidence of behavioral  
            or MH 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, diminished  
            rates of high school completion and college attendance, and  
            disproportionate prescribing of antipsychotic and psychotropic  
            medications, as highlighted in an 2014 exposé by the San Jose  
            Mercury News. 

            There are indications that out-of-county foster youth may have  
            higher needs and less access when it comes to MH treatment. 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 MH disorder, yet were 10-15  
            percent less likely to have received any MH 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.

          4)Double referral. This bill is double referred.  Should it pass  
            out of this committee, it will be referred to the Senate Human  
            Services Committee.
              
          5)Prior legislation. AB 1808 (Galgiani), of 2009, was  
            substantially similar to this bill. AB 1808 was held on the  
            suspense file of the Assembly Appropriations Committee.

            SB 785 (Steinberg), Chapter 469, Statutes of 2007, facilitates  
            the access to MH services for foster youth who are placed  
            outside of the original county of jurisdiction, including  
            those being adopted or entering into a guardianship with a  
            relative.

          6)Support. Supporters of this bill, largely behavioral health  
            and family advocates, argue that the question of which MH plan  
            is responsible for providing much-needed services to foster  
            youth who have been placed outside of their counties of  
            jurisdiction has vexed California for more than 20 years. They  
            state that foster youth go through transitions where their  
            mental stability takes a toll and that this bill will ensure  








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            that the MH needs of these foster youth will not be delayed or  
            denied as the youth transition to a new county of residence.  
            Supporters further argue that foster youth already have a  
            rough start in life, and not being able to access MH services,  
            which they are entitled to, in a timely and efficient manner  
            puts them at an even greater risk of serious harm and  
            potentially permanent negative outcomes.

           SUPPORT AND OPPOSITION  :
          Support:  California Alliance of Child and Family Services  
                    (co-sponsor)
                    Steinberg Institute (co-sponsor)
                    Women's Foundation of California/Women's Policy  
                    Institute (co-sponsor)
                    Accessing Health Services for California's Children in  
                    Foster Care Task Force
                    Alameda County Faith Initiative Office Faith Advisory  
                    Council
                    Alameda County Foster Youth Alliance
                    Alternative Family Services
                    American Federation of State, County and Municipal  
                    Employees
                    Association of Community Human Services Agencies
                    Aviva Family and Children's Services
                    Bienvenidos Children's Center
                    Bill Wilson Center
                    California Council of Community Mental Health Agencies
                    California Mental Health Advocates for Children and  
                    Youth
                    California State PTA
                    Casa Pacifica Centers for Children and Families
                    ChildNet Youth and Family Services
                    Crittenton Services for Children and Families
                    David and Margaret Youth and Family Services
                    Ella Baker Center for Human Rights
                    EMQ Families First
                    Ettie Lee Youth and Family Services
                    Families Now
                    Family Care Network, Inc.
                    First Place for Youth
                    Fred Finch Youth Center
                    Hathaway-Sycamores Child and Family Services
                    Humboldt County Transition Age Youth Collaboration
                    Integral Community Solutions Institute
                    Junior Blind of America








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                    Junior League of San Francisco
                    Junior Leagues of California State Public Affairs  
                    Committee
                    Lilliput Children's Services
                    Lincoln Child Center
                    Maryvale
                    Mendocino County Health and Human Services Agency
                    National Association of Social Workers - California  
                    Chapter
                    North Star Family Center
                    Optimist Youth Homes and Family Services
                    Orange County Alliance for Children and Families
                    Sacramento Children's Home 
                    San Diego Center for Children
                    Seneca Family of Agencies
                    Sierra Forever Families
                    Stars Behavioral Health Group
                    Summitview Child & Family Services, Inc.
                    The Village Family Services
                    TLC Child and Family Services
                    Trinity Youth Services
                    United Advocates for Children and Families
                    Unity Care Group, Inc.
                    West Coast Children's Clinic
                    Young Minds Advocacy Project
                    Youth Homes, Inc.
          
          Oppose:   None received.



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