Amended in Senate August 15, 2016

Amended in Senate June 13, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2279


Introduced by Assembly Member Cooley

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(Coauthors: Senators Hertzberg and Nielsen)

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February 18, 2016


An act to amend Section 5899 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2279, as amended, Cooley. Mental Health Services Act: county-by-county spending reports.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission. Existing law requires the State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, to develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report, which gathers specified information on mental health spending as a result of the MHSA, including the expenditures of funds distributed to each county.

This bill would require the department, based on the Annual Mental Health Services Act Revenue and Expenditure Report, to compile information, in total and by county on an annual basis, that includes, among other things, the total amount of MHSA revenue, the amount of MHSA money received and expended for each specified component of the MHSA program, and the amount of MHSA money spent on program administration. The bill would require the department to make the collected information available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 5899 of the end insertbegin insertWelfare and Institutions Codeend insert
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3

5899.  

(a) The State Department of Health Care Services, in
4consultation with the Mental Health Services Oversight and
5Accountability Commission and the County Behavioral Health
6Directors Association of California, shall develop and administer
7instructions for the Annual Mental Health Services Act Revenue
8and Expenditure Report. The instructions shall include a
9requirement that the county certify the accuracy of this report. This
10report shall be submitted electronically to the department and to
11the Mental Health Services Oversight and Accountability
12Commission. The department and the commission shall annually
13post each county’s report on its website in a timely manner.

14(b) The department, in consultation with the commission and
15the County Behavioral Health Directors Association of California,
16shall revise the instructions described in subdivision (a) by July
171, 2017, and as needed thereafter, to improve the timely and
18accurate submission of county revenue and expenditure data.

19(c) The purpose of the Annual Mental Health Services Act
20Revenue and Expenditure Report is as follows:

21(1) Identify the expenditures of Mental Health Services Act
22(MHSA) funds that were distributed to each county.

23(2) Quantify the amount of additional funds generated for the
24mental health system as a result of the MHSA.

25(3) Identify unexpended funds, and interest earned on MHSA
26funds.

27(4) Determine reversion amounts, if applicable, from prior fiscal
28year distributions.

29(d) This report is intended to provide information that allows
30for the evaluation of all of the following:

P3    1(1) Children’s systems of care.

2(2) Prevention and early intervention strategies.

3(3) Innovative projects.

4(4) Workforce education and training.

5(5) Adults and older adults systems of care.

6(6) Capital facilities and technology needs.

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7
(e) Based on the report required pursuant to subdivision (a),
8the State Department of Health Care Services, no later than nine
9months after the end of each fiscal year, shall collect and publicly
10report all of the following information, by statewide total and by
11individual county:

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12
(1) Total revenue received from the Mental Health Services Act
13(MHSA).

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14
(2) The amount of MHSA funds received by the counties for
15each of the following components of the act:

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16
(A) Community services and supports.

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17
(B) Prevention and early intervention.

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18
(C) Innovation.

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19
(D) Housing that is not funded under subparagraph (A).

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20
(E) Workforce education and training that is not funded under
21subparagraph (A).

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22
(F) Capital facilities and technological needs that are not funded
23under subparagraph (A).

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24
(G) Other mental health services not reflected in subparagraphs
25(A) to (F), inclusive.

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26
(3) MHSA revenues expended in the prior fiscal year.

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27
(4) The amount of the MHSA funds expended by the counties
28for each of the components listed in paragraph (2).

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29
(5) Funds held in prudent reserve by each county.

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30
(6) Distributions from the counties’ prudent reserves.

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31
(7) For the most recent fiscal year, the amount of unspent MHSA
32funds for each component listed in paragraph (2).

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33
(8) MHSA funds subject to reversion and funds that have
34reverted.

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35
(f) The information required to be reported pursuant to
36subdivision (e) shall be reported for each fiscal year and shall
37include statewide totals. The information shall be updated annually,
38including revisions when necessary. Revisions shall be identified
39as figures that have been revised from prior year reports. Annual
40reports shall include fiscal information for a period of not less
P4    1than 10 fiscal years and shall include information for the most
2recent fiscal year.

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3
(g) (1) In addition to the information required pursuant to
4subdivision (e), the department shall publicly report annual county
5program expenditures for each of the following:

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(A) Program administration.

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(B) Research and evaluation.

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8
(C) Funds used to support joint powers authorities or other
9statewide entities.

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10
(2) A county that cannot supply some or all of the information
11required by paragraph (1) shall provide an explanation as to why
12and shall provide a timeframe for making the information
13available.

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14
(3) The department shall work with counties and other local
15mental health agencies to determine how best to make the
16information required in paragraph (1) available, including
17estimates. Estimated information shall be reported as an estimate.

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18
(h) Counties may submit to the department information about
19programs that address the following areas:

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20
(1) Homelessness.

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21
(2) Criminal justice diversion or related programs.

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22
(3) Suicide prevention.

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(4) School-based mental health programs designed to reduce
24school failure.

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25
(5) Employment or other programs intended to reduce
26unemployment.

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27
(6) Programs intended to reduce or prevent involvement with
28the child welfare system.

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29
(7) Stigma reduction.

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30
(8) Programs specifically designed to reduce racial and ethnic
31disparities.

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32
(9) Programs specifically designed to meet the needs of the
33following populations:

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34
(A) Veterans.

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35
(B) Lesbian, gay, bisexual, transgender, queer, and questioning
36(LGBTQQ).

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37
(C) Children.

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38
(D) Transition-age youth.

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39
(E) Adults.

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40
(F) Older adults.

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P5    1
(i) The department shall compile the information in subdivisions
2(e) to (h), inclusive, collected from counties or other local mental
3health agencies to promote public understanding of MHSA funds
4that are distributed statewide and for each county, as well as how
5those funds are spent and what funds remain available for
6expenditure.

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7
(j) The department shall consult with the Mental Health Services
8Oversight and Accountability Commission, the State Controller’s
9Office, the Department of Finance, counties and other local mental
10health agencies, and any other agency required to implement this
11section.

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12
(k) The department shall consolidate reporting requirements
13when feasible and shall propose to the appropriate policy
14committees of the Legislature strategies to refine and consolidate
15reporting requirements to meet the goals of this section.

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16
(l) The department shall make the information required by this
17section available to the Legislature and the public on its Internet
18Web site no later than July 1, 2018, and annually thereafter.

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19(e)

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20begin insert(m)end insert If a county does not submit the annual revenue and
21expenditure report described in subdivision (a) by the required
22deadline, the department may withhold MHSA funds until the
23reports are submitted.

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24

SECTION 1.  

Section 5899 of the Welfare and Institutions Code
25 is amended to read:

26

5899.  

(a) The State Department of Health Care Services, in
27consultation with the Mental Health Services Oversight and
28Accountability Commission and the County Behavioral Health
29Directors Association of California, shall develop and administer
30instructions for the Annual Mental Health Services Act Revenue
31and Expenditure Report. This report shall be submitted
32electronically to the department and to the Mental Health Services
33Oversight and Accountability Commission.

34(b) The purpose of the Annual Mental Health Services Act
35Revenue and Expenditure Report is as follows:

36(1) Identify the expenditures of Mental Health Services Act
37(MHSA) funds that were distributed to each county.

38(2) Quantify the amount of additional funds generated for the
39mental health system as a result of the MHSA.

P6    1(3) Identify unexpended funds, and interest earned on MHSA
2funds.

3(4) Determine reversion amounts, if applicable, from prior fiscal
4year distributions.

5(c) This report is intended to provide information that allows
6for the evaluation of all of the following:

7(1) Children’s systems of care.

8(2) Prevention and early intervention strategies.

9(3) Innovative projects.

10(4) Workforce education and training.

11(5) Adults and older adults systems of care.

12(6) Capital facilities and technology needs.

13(d) Based on the report required pursuant to subdivision (a), the
14State Department of Health Care Services, no later than nine
15months after the end of each fiscal year, shall collect and publicly
16report all of the following information, by statewide total and by
17individual county:

18(1) Total revenue received from the Mental Health Services Act
19(MHSA).

20(2) The amount of MHSA funds received by the counties for
21each of the following components of the act:

22(A) Community services and supports.

23(B) Prevention and early intervention.

24(C) Innovation.

25(D) Housing that is not funded under subparagraph (A).

26(E) Workforce education and training that is not funded under
27subparagraph (A).

28(F) Capital facilities and technological needs that are not funded
29under subparagraph (A).

30(G) Other mental health services not reflected in subparagraphs
31(A) to (F), inclusive.

32(3) MHSA revenues expended in the prior fiscal year.

33(4) The amount of the MHSA funds expended by the counties
34for each of the components listed in paragraph (2).

35(5) Funds held in prudent reserve by each county.

36(6) Distributions from the counties’ prudent reserves.

37(7) For the most recent fiscal year, the amount of unspent MHSA
38funds for each component listed in paragraph (2).

39(8) MHSA funds subject to reversion and funds that have
40reverted.

P7    1(e) The information required to be reported pursuant to
2subdivision (d) shall be reported for each fiscal year and shall
3include statewide totals. The information shall be updated annually,
4including revisions when necessary. Revisions shall be identified
5as figures that have been revised from prior year reports. Annual
6reports shall include fiscal information for a period of not less than
710 fiscal years and shall include information for the most recent
8fiscal year.

9(f) (1) In addition to the information required pursuant to
10subdivision (d), the department shall publicly report annual county
11program expenditures for each of the following:

12(A) Program administration.

13(B) Research and evaluation.

14(C) Funds used to support joint powers authorities or other
15statewide entities.

16(2) A county that cannot supply some or all of the information
17required by paragraph (1) shall provide an explanation as to why
18and shall provide a timeframe for making the information available.

19(3) The department shall work with counties and other local
20mental health agencies to determine how best to make the
21information required in paragraph (1) available, including
22estimates. Estimated information shall be reported as an estimate.

23(g) Counties may submit to the department information about
24programs that address the following areas:

25(1) Homelessness.

26(2) Criminal justice diversion or related programs.

27(3) Suicide prevention.

28(4) School-based mental health programs designed to reduce
29school failure.

30(5) Employment or other programs intended to reduce
31unemployment.

32(6) Programs intended to reduce or prevent involvement with
33the child welfare system.

34(7) Stigma reduction.

35(8) Programs specifically designed to reduce racial and ethnic
36disparities.

37(9) Programs specifically designed to meet the needs of the
38following populations:

39(A) Veterans.

P8    1(B) Lesbian, Gay, Bisexual, Transgender, Queer, and
2Questioning (LGBTQQ).

3(C) Children.

4(D) Transition-age youth.

5(E) Adults.

6(F) Older adults.

7(h) The department shall compile the information in subdivisions
8(d) to (g), inclusive, collected from counties or other local mental
9health agencies to promote public understanding of MHSA funds
10that are distributed statewide and for each county, as well as how
11those funds are spent and what funds remain available for
12expenditure.

13(i) The department shall consult with the Mental Health Services
14Oversight and Accountability Commission, the State Controller’s
15Office, the Department of Finance, counties and other local mental
16health agencies, and any other agency required to implement this
17section.

18(j) The department shall consolidate reporting requirements
19when feasible and shall propose to the appropriate policy
20committees of the Legislature strategies to refine and consolidate
21reporting requirements to meet the goals of this section.

22(k) The department shall make the information required by this
23section available to the Legislature and the public on its Internet
24Web site no later than July 1, 2018, and annually thereafter.

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