BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 484| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 484 Page 2 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. SB 484 Page 3 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: SB 484 Page 4 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. SB 484 Page 5 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 SB 484 Page 6 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 SB 484 Page 7 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 SB 484 Page 8 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 SB 484 Page 9 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 **** END ****