BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 484


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          SENATE THIRD READING


          SB  
          484 (Beall)


          As Amended  September 3, 2015


          Majority vote


          SENATE VOTE:  40-0


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Human Services  |7-0  |Chu, Mayes, Calderon,  |                     |
          |                |     |Lopez, Maienschein,    |                     |
          |                |     |Mark Stone, Thurmond   |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |17-0 |Gomez, Bigelow, Bloom, |                     |
          |                |     |Bonta, Calderon,       |                     |
          |                |     |Chang, Nazarian,       |                     |
          |                |     |Eggman, Gallagher,     |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Jones, Quirk,  |                     |
          |                |     |Rendon, Wagner, Weber, |                     |
          |                |     |Wood                   |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |








                                                                     SB 484


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          SUMMARY:  Requires the collection of information on the  
          administration of psychotropic medications to foster youth  
          placed in group homes, and adopts measures aimed at reforming  
          the practices of those group homes with levels of psychotropic  
          medication utilization that warrant additional review.   
          Specifically, this bill:  


          1)Requires that psychotropic medications for youth in group  
            homes be used only in accordance with the written directions  
            of the prescribing physician and as authorized by the juvenile  
            court, as specified.


          2)Requires group home facilities to maintain in a child's  
            records a copy of any court order authorizing psychotropic  
            medication, as well as a separate log for each prescribed  
            psychotropic medication that contains information about that  
            medication and its administration, as specified.


          3)Clarifies that the Department of Social Services (DSS), and  
            not its director, is responsible for publishing and making  
            available a list or lists covering all community care  
            facilities and the services for which they are licensed, as  
            specified.


          4)Adds short-term residential treatment centers to the list of  
            community care facility types for which DSS must annually  
            publish information related to licensing complaints and law  
            enforcement contacts, as specified.


          5)Includes professional organizations educating foster parents  
            among entities authorized to have disclosed to them, upon  








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            request, the names and addresses of foster homes, as  
            specified.


          6)Requires DSS to compile, at least once per year and to the  
            extent feasible, Health Effectiveness Data and Information Set  
            (HEDIS) data, as specified and to include:


             a)   Follow-up care for children prescribed attention deficit  
               hyperactivity disorder medication;


             b)   Use of multiple concurrent antipsychotics in children  
               and adolescents;


             c)   Use of first-line psychosocial care for children and  
               adolescents on antipsychotics; and


             d)   Metabolic monitoring for children and adolescents on  
               antipsychotics.  


          7)Requires DSS to post the list of data to be collected pursuant  
            to this bill on its Internet Web site.


          8)Requires DSS to consult with the Department of Health Care  
            Services (DHCS) and stakeholders to establish a methodology,  
            by July 1, 2016, for identifying group homes that have levels  
            of psychotropic drug utilization warranting further review.   
            Further, requires periodic review of this methodology if  
            necessary.


          9)Requires DSS to inspect annually any facility found to have  
            levels of psychotropic drug utilization warranting additional  








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            review.  Further, requires this annual inspection to include,  
            but not be limited to, the following:


             a)   A review of the facility's: plan of operation, policies,  
               procedures, and practices; child-to-staff ratios; staff  
               qualifications and training; implementation of children's  
               needs and services plans; availability of psychosocial and  
               other alternative treatments to the use of psychotropic  
               medications; other factors that the department determines  
               contribute to levels of psychotropic drug usage warranting  
               additional review; and


             b)   Confidential interviews with children living in the  
               facility at the time of the inspection.


          10)Permits the inspection to also include, but not be limited  
            to, confidential interviews of children who resided in the  
            facility within the last six months and confidential  
            discussions with prescribing physicians.


          11)Allows DSS, following an inspection and as it deems  
            appropriate, to do either or both of the following:


             a)   Share relevant information and observations with  
               specified entities; and/or


             b)   Share relevant information and observations with the  
               facility and require the facility to submit a plan of  
               correction, within 30 days of this information being  
               shared, to address any identified risks within the control  
               of the facility related to psychotropic medication.  
               Further, require the department to approve the plan and  
               verify its implementation to determine whether identified  








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               risks have been remedied.


          12)Requires DSS to adopt emergency regulations by January 1,  
            2017, to implement this bill, as specified, and to adopt final  
            regulations by January 1, 2018.  Further, permits DSS to  
            implement this bill through all-county letters or similar  
            instructions until emergency regulations are filed with the  
            Secretary of State.


          13)States that nothing in this bill is intended to: 


             a)   Replace or alter other requirements regarding group home  
               complaints, inspections, or visits; or


             b)   Prevent or preclude DSS from taking any other action  
               permitted under any other law, as specified.


          14)Requires DSS, by January 1, 2017, and in consultation with  
            specified entities, to develop additional performance  
            standards and outcome measures that require group homes to  
            implement alternative programs and services for children in  
            group homes, as specified.


          15)Exempts runaway and homeless shelters, as specified, from the  
            bill's data collection and reporting and inspection  
            requirements.


          16)Requires DSS to, at least once per year, post a statewide  
            summary of the information gathered pursuant to this bill on  
            its Internet Web site, as specified.










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          EXISTING LAW:   


          1)Establishes the California Community Care Facilities Act to  
            provide for the licensure and regulation of community care  
            facilities.  (Health and Safety Code (HSC) Section 1500 et  
            seq.)


          2)Requires DSS to conduct unannounced visits of each licensed  
            community care facility, except for foster family homes, and  
            requires that no facility or center be visited less frequently  
            than once every five years.  Further requires DSS to conduct  
            annual unannounced visits of licensed facilities under  
            specified circumstances, such as when a license is on  
            probation.  Additionally requires annual visits of a random  
            sample of at least 20% of facilities and centers not subject  
            to annual inspections for specified circumstances and states  
            that, should the total citations for this 20% of facilities  
            and centers exceed the previous year's by 10%, the random  
            sample subject to annual inspection shall increase in the next  
            year by 10%.  Because of this trigger, 30% of eligible  
            facilities and centers are now randomly sampled each year for  
            inspection.  (HSC Section 1534) 


          3)Requires DSS, in consultation with group home providers and  
            other stakeholders, to develop performance standards to  
            measure group home program performance.  (Welfare and  
            Institutions Code (WIC) Section 11469)


          4)Defines "psychotropic medication" or "psychotropic drugs" as  
            those medications administered for the purpose of affecting  
            the central nervous system to treat psychiatric disorders or  
            illnesses.  Further states that these medications include, but  
            are not limited to, anxiolytic agents, antidepressants, mood  
            stabilizers, antipsychotic medications, anti-Parkinson agents,  
            hypnotics, medications for dementia, and psychostimulants.   








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            (WIC Section 369.5 (d))


          5)States that only a juvenile court judicial officer has the  
            authority to make orders for the administration of  
            psychotropic medications for a minor who has been adjudged a  
            dependent of the court.  (WIC Section 369.5)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may result in the following costs:


          1)Ongoing costs in the range of $300,000 to $600,000 (General  
            Fund (GF)) per year to DSS to conduct annual site visits at  
            group homes identified as having disproportionately high and  
            inappropriate levels of psychotropic medication use by foster  
            youth.  There are about 1,000 group homes in the state.  The  
            costs above assume that DSS identifies the top 10% to 20% of  
            group homes for additional scrutiny.


          2)One time costs of approximately $250,000 (GF) to DSS to  
            compile information on group homes, consult with stakeholders,  
            and develop a methodology to identify group homes for  
            additional scrutiny.


          3)Ongoing costs of $130,000 ($65,000 GF) to DHCS to identify,  
            evaluate and collate claims data packages to be used for the  
            purposes of this bill.


          COMMENTS:  


          Psychotropic medications and foster youth:  Psychotropic  
          medications include drugs prescribed to manage psychiatric and  
          mental health disorders or issues including depression,  








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          obsessive-compulsive disorder, attention deficit hyperactivity  
          disorder, bipolar disorder, schizophrenia, and others.  


          There continues to be significant concern over the use of  
          psychotropic medications for children, due to a vast array of  
          side effects (which can include aggressive behavior, hostility,  
          seizures, significant weight gain, and more) and due to the fact  
          that the long-term effects for children using these drugs are  
          largely unknown.  Research has repeatedly indicated that  
          children and youth in foster care face higher levels of  
          inappropriate or excessive medication use, and that those foster  
          youth placed in group home settings are particularly vulnerable  
          to over-prescription and misuse of psychotropic medications.   
          Data shared by the author's office indicate that, in fiscal year  
          2013-14, almost 15% of all foster youth in California ages zero  
          to 20 years old were prescribed at least one psychotropic  
          medication; looking specifically at all foster youth ages 12  
          through 20, this rate was almost 25% and for youth placed in  
          group homes, it was 50%.


          Need for this bill:  According to the author: 


               More than half of the children in our state's  
               institutions for foster children ('group homes') are  
               medicated with powerful psychotropic drugs.   
               Resistance to taking the drugs can be, and is,  
               punished by expulsion from the facility.  The most  
               problematic of the medications are the 'antipsychotic'  
               drugs designed to suppress the most uncontrollable  
               behavior of schizophrenics.  As a witness at last  
               year's Congressional hearing said, 'these drugs are  
               too often misused as "chemical straitjackets."  This  
               is a haphazard attempt to simply control and suppress  
               undesirable behavior, rather than treat, nurture and  
               develop these treasured young people.'  Causes of  
               overmedication include:  poorly trained staff; sedated  








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               children allow for reduced staffing ratios; lack of  
               therapeutic intervention alternatives; energetic  
               promotion by manufacturers; and lack of state  
               oversight.




          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0002056