BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 484|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 484
          Author:   Beall (D)
          Amended:  6/2/15  
          Vote:     21  

           SENATE HUMAN SERVICES COMMITTEE:  5-0, 4/21/15
           AYES:  McGuire, Berryhill, Hancock, Liu, Nguyen

           SENATE HEALTH COMMITTEE:  9-0, 4/29/15
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Roth, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Juveniles


          SOURCE:    National Center for Youth Law


          DIGEST:  This bill requires the California Department of Social  
          Services (CDSS) to identify group homes in the foster care  
          system that may be inappropriately administering psychotropic  
          medications to foster youth. The bill requires CDSS to inspect  
          identified group homes and to require the submissions of plans  
          from those facilities to reduce inappropriate use of  
          psychotropic medications, as specified.


          ANALYSIS: 

          Existing law:








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          1)Establishes the Community Care Facilities Act, which provides  
            for the licensure and regulation of community care facilities,  
            including group homes, by CDSS, and requires that licensed  
            facilities be subject to unannounced inspections under  
            specified circumstances. (HSC 1500 et seq, and 1534)


          2)Requires CDSS to establish a rate classification level (RCL)  
            structure for group homes with a corresponding rate structure  
            according to the level of care and services that will be  
            provided, as specified. (WIC 11462)


          3)Permits a group home to be classified as an RCL 13 or 14 if  
            the program only accepts children with special treatment needs  
            and meets other requirements. Additionally, requires the  
            California Department of Health Care Services (DHCS) to  
            annually certify group homes seeking classification as RCL 13  
            or 14 and permits such facilities to accept minor dependents  
            who are seriously or emotionally disturbed if certain  
            conditions are met. (WIC 11469, WIC 4096.5 and HSC 1502.4) 


          4)Requires CDSS to publish and make available to interested  
            persons a list or lists covering all licensed community care  
            facilities, other than foster family homes and certified  
            family homes, to include specified information regarding group  
            homes, transitional housing placement providers, community  
            treatment facilities or runaway and homeless youth shelters  
            including complaints, citations, fines and the number of law  
            enforcement contacts made by group homes. (HSC 1536)


          This bill:


            1)  Requires CDSS to compile, at least annually, specified  
              information in order to identify group homes in which  
              psychotropic medications may be inappropriately administered  
              to children.









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            2)  Requires CDSS to develop the information above through  
              existing data sources it has access to, including  
              information from DHCS.


            3)  Requires CDSS to consult with the foster care ombudsman  
              and stakeholder quality improvement workgroups (currently in  
              existence) to establish a methodology to identify group  
              homes with disproportionately high levels of psychotropic  
              drug usage warranting additional review of the facility.


            4)  Requires, on or after January 1, 2020, CDSS to consult  
              with the foster care ombudsman and stakeholder quality  
              improvement workgroups and revise, if necessary, the above  
              methodology.


            5)  Requires CDSS to inspect identified facilities once a year  
              to review specified information and factors that may  
              contribute to high utilization of psychotropic medication  
              regimens and low utilization of monitoring and psychosocial  
              services. Requires CDSS to perform inspections with input  
              from specified stakeholders.


            6)  Requires CDSS to include confidential discussions with  
              current and former residents, and confidential discussions  
              with physicians prescribing medications to residents, and  
              requires DHCS and CDSS to identify the prescribers' names,  
              addresses and contact information using existing data  
              systems. 


            7)  Requires a facility found to have a high utilization of  
              dangerous psychotropic medication regimens and inadequate  
              alternative services, to develop and submit to CDSS a plan  
              to reduce inappropriate prescribing of psychotropic  
              medications and treatment regimens within 60 days of the  
              visit.


            8)  Requires the plan to include the following:








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                a)      An improved crisis management plan, including  
                  de-escalation techniques and procedures for staff  
                  training;




                b)      An overall trauma-informed behavioral management  
                  plan;




                c)      A quantifiable goal to decrease the use of  
                  antipsychotic medications for behavioral control, to  
                  decrease polypharmacy and to decrease the use of pro re  
                  nata medications.




                d)      Identify a quantifiable goal of appropriate  
                  metabolic monitoring, as specified.


            9)  Requires CDSS to monitor the facility's implementation of  
              the plan to determine whether the facility has reduced the  
              rate that psychotropic medications are administered, and the  
              percentage decrease; whether and to what extent alternative  
              less invasive treatments are being provided to residents,  
              and the percentage increase; whether and to what extent  
              appropriate metabolic monitoring is being conducted, and the  
              percentage increase.


            10) Requires CDSS to submit a report to the Children and  
              Family Services Division of the department and to any public  
              agency that has certified any component of the facility's  
              program, including DHCS.









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            11) Requires CDSS to adopt implementing regulations, but  
              permits CSSS to begin implementation through all-county  
              letters or similar instructions before regulations are  
              adopted, and to adopt emergency regulations prior to  
              receiving formal approval from the Office of Administrative  
              Law. Requires final regulations to be adopted on or before  
              January 1, 2018.


            12) Requires CDSS and DHCS in consultation with specified  
              stakeholders to develop additional performance standards and  
              outcome measures that require group homes to implement  
              programs and services to reduce the utilization of  
              psychotropic medications in group homes, including  
              behavioral management programs, emergency intervention  
              plans, and conflict resolution processes.


            13) Requires CDSS to post on its internet website a summary  
              progress report, with data that excludes personally  
              identifiable information, of the information gathered  
              pursuant to this bill.


          Background


          Group Homes. Group homes are 24-hour residential facilities  
          licensed by CDSS to provide board and care to foster youth from  
          both the dependency and delinquency jurisdictions. Group home  
          facilities are organized under a system of rate classification  
          levels (RCLs) ranging from 1-14 that are based on levels of  
          professional training and adult-to-child ratios. In practice,  
          the majority of group homes are at or above RCL 10 with nearly  
          50 percent of group homes at RCL 12. There is wide variation in  
          group home size from as few as six children to more than 100. 


          Group Home Program Statement. Group homes are required to  
          establish a "group home program statement" that includes a  
          training plan that is appropriate for the client population and  
          the training needs and skill level of child care staff. Through  
          regulation, existing law provides that newly hired staff  
          complete at least 24 hours of training within 90 days of being  







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          hired, and 40 hours within 12 months, as specified, with all  
          existing staff receiving 20 hours annually. Regulations provide  
          for the minimum topics that must be included (e.g. discipline  
          policies and procedures, behavior problems / psychological  
          disorders, and mental health / behavioral interventions). Social  
          work staff is required to establish a "needs and services plan"  
          for each child that identifies the specific needs of an  
          individual child, and delineates those services necessary in  
          order to meet the child's identified needs. 


          Group homes are required to submit to the department an  
          emergency intervention plan, identifying how the facility will  
          use emergency interventions to address aggressive or assaultive  
          behavior of residents. The plan is required to be designed by  
          the licensee and a qualified behavior management consultant and  
          must be appropriate for the client population served by the  
          group home, and for the staff qualifications and staff emergency  
          intervention training.


          Psychotropic Medication Use in Children. Concern over the use of  
          psychotropic medications among children has been well-documented  
          in research journals and the mainstream media for more than a  
          decade. The category of psychotropic medication is fairly broad,  
          intending to treat symptoms of conditions ranging from ADHD to  
          childhood schizophrenia. Some of the drugs used to treat these  
          conditions are FDA-approved, including stimulants like Ritalin  
          for ADHD, however only about 31 percent of psychotropic  
          medications have been approved by the U.S. Food and Drug  
          Administration (FDA) for use in children or adolescents. It is  
          estimated that more than 75 percent of the prescriptions written  
          for psychiatric illness in this population are "off label" in  
          usage, meaning they have not been approved by the FDA for the  
          prescribed use, though the practice is legal and common across  
          all manner of pharmaceuticals.


          Anti-psychotic medications, used to treat more severe mental  
          health conditions, include powerful brand-name drugs such as  
          Haldol, Risperdal, Abilify, Seroquel and Zyprexa. They have very  
          limited approval by the FDA for pediatric use beyond rare and  
          severe conduct problems that are resistant to other forms of  
          treatment, such as Tourette's syndrome, behavioral symptoms  







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          associated with autistic disorder, childhood schizophrenia, and  
          bipolar disorder. However, the off-label use of these  
          anti-psychotics among children is high, particularly among  
          foster children. According to a study published in 2011,  
          children who took antipsychotic medications were likely to  
          suffer ill health effects including "cardiometabolic and  
          endocrine side-effects" as well as significant weight gain. The  
          authors recommended that collaboration between child and  
          adolescent psychiatrists, general practitioners and  
          pediatricians is essential to "reduce the likelihood of  
          premature cardiovascular morbidity and mortality." 


          Compounding the potential for unintended side effects is the use  
          of combinations of psychotropic medications, which foster youth  
          are particularly likely to be prescribed, despite limited  
          evidence of clinical efficacy. 


          Prescribing rates in California. A recent series of stories  
          published in the San Jose Mercury News detailed significant  
          challenges in accessing pharmacy benefits claims data held by  
          the DHCS, and demonstrated that prescribing rates were far  
          higher than had been anticipated by child welfare system  
          experts. Specifically, the data revealed that nearly 1 in 4  
          youth, and 56 percent of all youth residing in group homes were  
          prescribed at least one psychotropic medication. Furthermore,  
          for those youth prescribed psychotropic medications, nearly 60  
          percent were prescribed an anti-psychotic - the powerful drug  
          class most associated with debilitating side effects, and 36  
          percent were prescribed multiple medications, also referred to  
          as "polypharmacy."


          Increases observed in California mirror those across the nation  
          - children in foster care represent only three percent of  
          children covered by Medicaid, yet, a study of pharmacy claims in  
          16 states showed that foster children enrolled in Medicaid were  
          prescribed antipsychotic medications at nearly nine times the  
          rate of other children receiving Medicaid.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes







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          According to an analysis by the Senate Appropriations Committee,  
          this bill would result in one-time costs of about $250,000 to  
          compile information on group homes, consult with stakeholders,  
          and develop a methodology to identify group homes for additional  
          scrutiny (Technical Assistance Fund). Additionally, there are  
          expected ongoing costs of $300,000 to $600,000 per year to  
          conduct annual site visits at group homes identified as having  
          disproportionately high levels of psychotropic medication use by  
          foster youth (Technical Assistance Fund). There are about 1,000  
          group homes in the state. The costs above assume that CDSS  
          identifies 10% to 20% of group homes for additional scrutiny.


          SUPPORT:   (Verified6/1/15)


          National Center for Youth Law (Source)
          Advokids
          Alameda County Foster Youth Alliance
          California Court Appointed Special Advocates (CASA)
          California Department of Justice
          California Youth Connection
          Children's Advocacy Institute
          Children's Law Center of California
          Children's Partnership
          Dependency Legal Group of San Diego
          East Bay Children's Law Offices
          East Bay Community Law Center
          First Focus Campaign for Children
          Humboldt County Transition Age Youth Collaboration
          Legal Advocates for Children and Youth
          Legal Services for Prisoners with Children
          National Association of Social Workers
          Peers Envisioning and Engaging in Recovery Services
          Public Counsel's Children's Rights Project
          Youth Law Center
          10 individuals


          OPPOSITION:   (Verified6/1/15)


          None received







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          ARGUMENTS IN SUPPORT:  According to the author, more than half  
          of the children in California group homes are medicated with  
          powerful psychotropic medications. The author states that these  
          medications are misused to control and suppress undesirable  
          behavior, rather than treat, nurture and develop the young  
          people residing in the facility. The author states that this  
          bill identifies those group homes that appear to rely on  
          psychotropic medication as the first-line or only treatment and  
          requires those with the highest rates of medication to reduce  
          those rates and to adopt alternative, less invasive, treatment  
          approaches.


          Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
          6/2/15 13:22:04


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