BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1300


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          Date of Hearing:  May 27, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1300 (Ridley-Thomas) - As Amended May 20, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill makes numerous changes and specifies numerous aspects  
          of the Lanterman-Petris-Short (LPS) involuntary detention  
          process (known as "5150" for the Welfare and Institutions Code  
          section in which the process is established.)  Specifically,  
          this bill:







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          1)Modifies provisions related to holds, detention, and transfer  
            of individuals.


          2)Creates a construct called "local or regional liaison," and  
            spells out the duties of the liason, which include  
            facilitating communication between the county mental health  
            system and health facilities.  


          3)Contains sections encouraging counties to take various  
            actions, including establishing more robust community mental  
            health services and designating liaisons.  


          4)Allows correctional health facilities to be "designated  
            facilities" for purposes of 5150 holds.


          5)Distinguishes psychiatric medical emergencies (which are  
            subject to federal law requiring a hospital to treat and  
            stabilize any individual requiring treatment) from evaluation  
            and treatment services pursuant to 5150.  


          6)Allow counties to designate ambulatory facilities, and  
            requires the Department of Health Care Services (DHCS) to  
            encourage counties to use appropriate ambulatory facilities  
            for evaluation and treatment.  


          7)Allows an emergency physician to release a 5150 hold if the  
            physicians finds there is no longer probable cause to  
            determine the detention for evaluation and treatment.   
            Prohibits probable cause determinations for detention, or to  
            continue detention, from considering the availability of beds  
            or services.








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          8)Exempts facilities, physicians, and other professionals from  
            civil or criminal liability for injury resulting from their  
            decisions related to detention and release of a person, or the  
            terms and conditions of detention. Exempts the same from  
            liability relating to injury caused by, or to, an eloping  
            person who has been detained, and from liability relating to  
            their wrongful death.


          9)Specifies a 72-hour hold begins upon detention. Specifies  
            conditions under which an individual must be released from  
            detention, including lack of specified paperwork accompanying  
            the individual


          10)Defines new terms and reorganizes definitions. 


          11)Requires DHCS to create specified forms for use statewide.  


          FISCAL EFFECT:


          1)Significant cost pressure, likely exceeding $200,000 GF, to  
            DHCS for a complex, high-interest regulatory effort to adapt  
            current regulations to the new statutory framework, and to  
            further clarify or specify the law, including developing  
            related forms.  In addition, the department would likely incur  
            unknown, significant costs for legal analysis and to assist  
            counties in complying with the new protocols and processes  
            established in this bill. DHCS is charged with administration  
            of the LPS Act and is required under current law to adopt  
            rules, regulations, and standards as necessary.


          2)To the extent this bill may result in fewer individuals being  
            detained in hospital emergency departments, or being detained  
            for a shorter length of time, potential cost pressure to the  







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            law enforcement agencies including the California Highway  
            Patrol to respond to additional incidents, as well cost  
            pressure for county mental health crisis teams and related  
            services, to the extent they are available. Likelihood and  
            magnitude of additional costs are unknown; local costs appear  
            non-reimbursable. 


          3)Counties and cities, particularly behavioral health agencies  
            and law enforcement, may incur significant, non-reimbursable  
            one-time costs to adjust current practices (including costs  
            for analyzing, training personnel, and ensuring compliance),  
            and ongoing costs to modify response patterns to behavioral  
            health incidents due to the changes in this bill.  


          COMMENTS:


          1)Purpose. According to the author, in the 48 years since the  
            LPS Act's passage, there have been significant changes in the  
            mental health delivery system, adversely impacting a patient's  
            ability to obtain prompt evaluation and treatment as required  
            by current law.  In addition, the fragmented and inconsistent  
            application of the LPS Act by California's 58 counties has led  
            to an increasing and often inappropriate dependence on  
            hospital Emergency Departments (ED's) to care for this  
            population, without the necessary resources.  The author  
            states that this has resulted in individuals with mental  
            illness languishing for hours, days, and sometimes weeks,  
            awaiting psychiatric assessment and treatment.


          2)5150 of the LPS Act. Welfare and Institutions Code (WIC)  
            Section 5150 of the LPS Act allows peace officers and other  
            specified persons to take an individual into custody and place  
            him or her in a facility for 72-hour evaluation and treatment  
            if they believe that, due to a mental disorder, the individual  
            is a danger to himself, herself, or others, or is gravely  
            disabled-i.e., unable to provide for basic personal needs for  







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            food, clothing, or shelter due to a mental disability.   
            Counties designate facilities for the purposes of the initial  
            evaluation and treatment services.  Many emergency departments  
            are designated facilities.  Some individuals in crisis are not  
            able to be transported to a designated facility and are  
            instead taken to non-designated emergency departments, where  
            county staff must perform an evaluation.  This bill makes  
            numerous changes to the 5150 process, many of which appear  
            designed to reduce the role of emergency departments in the  
            process, while putting pressure on counties to develop  
            adequate infrastructure to serve the need for mental health  
            treatment.
          


          3)Support.  The sponsor of this bill, the California Hospital  
            Association (CHA), writes in support of the bill that this  
            bill would modernize the 5150 process to more closely conform  
            to the evolving community health care delivery system, while  
            ensuring consistent civil liberty protections for individuals  
            subject to detention.  Cosponsors of the bill, the California  
            Chapter of the American College of Emergency Physicians, and  
            the Association of California Healthcare Districts note that  
            this measure increases the emphasis on the prompt provision of  
            services in both LPS-designated and non-LPS designated  
            facilities.  The California Medical Association adds in  
            support that the current system is failing psychiatric  
            patients by forcing them through a fragmented medical delivery  
            system that is inefficient and wastes valuable ED resources.  





          4)Opposition. Numerous core stakeholders in the 5150 arena have  
            significant concerns with this bill.  The California State  
            Association of Counties and the Urban Counties Caucus state  
            this bill moves in the opposite direction of the progress made  
            in the last four years by imposing new silos, costs, and  
            liabilities surrounding the timely treatment for mentally ill  







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            individuals. National Alliance for Mental Illness (NAMI)  
            California cites significant concerns that the bill limits  
            access to emergency departments, which may be the only place  
            someone in crisis can turn.  They cite several specific  
            provisions they believe put their mentally ill loved ones at  
            risk, including the provision starting the 72-hour clock upon  
            detention and provisions related to non-designated hospitals.   
            County Behavioral Health Directors Association cites numerous  
            serious concerns, including that it will be easier to release  
            individuals in crisis, resulting in increased incarceration  
            rates for individuals living with mental health conditions.   
            They add that the LPS Act was modernized two years ago through  
            SB 364 (Steinberg), Chapter 567, Statues of 2014, with broad  
            stakeholder support, and note this bill does nothing to  
            increase available services.



          5)Prior Legislation. 



             a)   SB 364 revised the law related to 5150 holds by adding  
               to the types of facilities that a county is allowed to  
               designate to provide services, allowing county mental  
               health directors to develop procedures for the designation  
               and training of professionals who can perform 5150  
               functions, and making other clarifying and substantive  
               changes.  
             b)   AB 110 (Blumenfield), Chapter 20, Statutes of 2013, the  
               2013-14 Budget Act, included, among its other provisions,  
               $206 million ($142 million General Fund one-time) for a  
               major investment in mental health services, including  
               additional residential treatment capacity, crisis treatment  
               teams, and triage personnel.

          6)Staff Comments.  Challenges in this area appear to largely be  
            related to the sufficiency of community and inpatient  
            behavioral health services.  Both public and private inpatient  
            psychiatric services are often insufficient compared to the  







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            need, largely due to the lack of reimbursement and  
            profitability for these services, respectively. It appears  
            even though an individual may be evaluated as needing  
            treatment, the unavailability of beds or other appropriate  
            services causes individuals to be detained longer than is  
            ideal in emergency departments.  This inability to direct  
            individuals to the most appropriate level of care appears to  
            be a source of frustration for all stakeholders-hospitals,  
            county behavioral health, law enforcement, families of  
            mentally ill individuals, and the individuals themselves.    

            The LPS Act appears to be operationalized differently in  
            different counties depending on local resources and other  
            factors.  It is unclear whether lack of standardized  
            application of 5150-related processes is a problem to be  
            solved, or a sensible adaptation to very different local  
            conditions.  It may be a combination.      
          
          Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081