BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 614    
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          |AUTHOR:        |Leno                                           |
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          |VERSION:       |April 6, 2015                                  |
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          |HEARING DATE:  |April 15, 2015 |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           SUBJECT  :  Medi-Cal:  mental health services:  peer and family  
          support specialist certification

           SUMMARY  :  Requires the Department of Health Care Services (DHCS) to  
          establish a program for certifying peer and family support  
          specialists and to collaborate with interested stakeholders, as  
          specified; allows DHCS to seek any federal waivers or state plan  
          amendments to implement the certification program; and allows  
          DHCS to implement, interpret, and make specific the  
          certification program through available means, as specified,  
          until regulations are adopted by July 1, 2018.
          
          Existing law:
          1.Establishes the Medi-Cal program, administered by DHCS, under  
            which qualified low-income individuals receive health care  
            services.

          2.Grants DHCS the sole authority in state government to  
            determine the qualifications, including the appropriate  
            skills, education, training, and experience of personnel  
            working within substance use disorder (SUD) recovery and  
            treatment programs licensed and/or certified by DHCS. 

          3.Authorizes DHCS to require an individual providing counseling  
            services in SUD programs licensed and/or certified by DHCS to  
            be registered with or certified by a certifying organization  
            (CO) approved by DHCS to register and certify counselors. 

          4.Grants DHCS the authority to conduct periodic reviews of COs  
            to determine compliance with all applicable laws and  
            regulations and to take actions for non-compliance, including  
            revocation of DHCS's approval.








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          5.Requires, through regulations, the certification of SUD  
            counselors to be based on specific counseling competencies,  
            training, and education, including understanding addiction,  
            knowledge of treatment methods, and professional readiness.  
          
          This bill:
          1.Requires DHCS, no later than July 1, 2016, to establish a  
            certified peer and family support specialist (PFSS) program  
            that, at a minimum:

                  a.        Establishes a certifying body to certify a  
                    PFSS;
                  b.        Provides for statewide certification of the  
                    following PFSS categories: adult peer support  
                    specialists who are 18 years of age or older, family  
                    peer support specialists, and parent peer support  
                    specialists; 
                  c.        Defines the range of responsibilities and  
                    practice guidelines for PFSS;
                  d.        Determines curriculum and core competencies,  
                    including areas of specialization, such as veterans,  
                    family support, and forensics;
                  e.        Specifies training requirements, allowing for  
                    multiple training entities and requiring training to  
                    include individuals with practical experience as  
                    consumers of peer support services or their family  
                    members;
                  f.        Specifies required continuing education  
                    requirements for certification;
                  g.        Determines clinical supervision requirements  
                    for a certified PFSS;
                  h.        Establishes a code of ethics and processes for  
                    revocation of certification;
                  i.        Determines a process for certification  
                    renewal; and,
                  j.        Determines a process for allowing existing  
                    PFSS to obtain certification at their option.

          2.Requires DHCS to collaborate closely with the Office of  
            Statewide Health Planning and Development (OSHPD) and its  
            associated workforce collaborative, and regularly consult with  
            interested stakeholders, including peer support and family  
            organizations, mental health providers and organizations, the  
            County Behavioral Health Directors Association of California,  
            health plans participating in the Medi-Cal managed care  








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            program, the California Mental Health Planning Council, and  
            others as deemed appropriate by DHCS, in developing,  
            implementing, and administering the PFSS certification  
            program.

          3.Requires DHCS to amend its Medicaid state plan to include a  
            certified PFSS as a provider type and include PFSS services as  
            a distinct service type. Allows DHCS to seek any federal  
            waiver or other state plan amendments to implement the PFSS  
            certification program.

          4.Allows DHCS to use Mental Health Services Act and OSHPD  
            Workforce Education and Training Program resources and funding  
            to develop and administer the certification program.

          5.Authorizes DHCS to contract to obtain technical assistance for  
            development of the PFSS certification program for the purposes  
            of meeting the mission and goals of DHCS's mental health and  
            SUD services system.

          6.Allows DHCS to enter into exclusive or non-exclusive contracts  
            on a bid or negotiated basis, including contracts to obtain  
            subject matter expertise or other technical assistance. Allows  
            contracts to be statewide or on a more limited geographic  
            basis.

          7.Requires DHCS, by July 1, 2018, to adopt regulations for the  
            PFSS certification program; allows DHCS to implement,  
            interpret, or make specific the requirements of the PFSS  
            certification program through plan letters, plan or provider  
            bulletins, or similar instructions until the time regulations  
            are adopted.

          8.Requires the PFSS certification program to be implemented only  
            to the extent that federal financial participation (FFP) is  
            available and all necessary federal approvals have been  
            obtained. 

           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.

           COMMENTS  :
          1.Author's statement. According to the author, SB 614-the Peer  
            and Family Support Specialist Certification Act of  
            2015-provides California the opportunity to receive new  








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            federal Medicaid funds, expand our behavioral health  
            workforce, and include evidence-based PFSS services into our  
            comprehensive health and behavioral health care system. A PFSS  
            is a person who uses lived experience from mental illness plus  
            skills learned in formal trainings, coupled with a  
            certification process, to provide guidance in a behavioral  
            health care setting to promote mind-body recovery and  
            resiliency. Quantitative, independently assessed research  
            findings support the efficacy of a PFSS.  Peer support  
            services help people navigate systems of care, remove barriers  
            to recovery, stay engaged in the recovery process, and live  
            full lives.

            More than 30 states have implemented a certification process  
            under their Medicaid programs.  California would benefit from  
            enactment, for we presently have no standard definition of  
            training or certification process and could be obtaining a 50  
            percent federal match for services, which are currently  
            supported by local funds. DHCS has included the PFSS as a  
            workforce expansion strategy in the recent 1115 Waiver Renewal  
            "Medi-Cal 2020", which it submitted to the Centers for  
            Medicare and Medicaid Services (CMS) on March 27, 2015.  SB  
            614 can be the vehicle for this specific purpose.  
            
          2.PFSS. According to DHCS, a substantial number of studies  
            demonstrate that the PFSS improves patient functioning,  
            increases patient satisfaction, reduces family burden,  
            alleviates depression and other symptoms, reduces  
            hospitalizations and hospital days, increases patient  
            activation, and enhances patient self-advocacy. PFSS are used  
            in at least 36 states and throughout the Veterans Health  
            Administration. PFSS participating in SUD treatment activities  
            are currently a recognized Medicaid service provider in  
            California for SUD services; however, these providers are  
            often limited in the services they are able to provide in  
            traditional health care settings. DHCS states that expanded  
            use of PFSS in mental health and SUD as part of a care team  
            can improve care coordination between behavioral health and  
            physical health care needs of patients. DHCS included PFSS as  
            a component to the recent 1115 Waiver Renewal.

          3.Certification of PFSS. CMS released guidance for establishing a  
            PFSS certification program to enable FFP in an effort to more  
            fully incorporate and expand the use of peers. CMS requires peer  
            support providers to complete training and certification as  








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            defined by each state. Substantive work has been conducted in  
            California by the Working Well Together Statewide Technical  
            Assistance Center, a collaborative of peer and client-oriented  
            organizations, which culminated in a final report of  
            recommendations to proceed with peer certification. This effort  
            identified key issues for laying the foundation of certification,  
            including training recommendations and core components for a  
            statewide certification program; establishing a standard of  
            practice and core competencies; defining the level of care and  
            services; integrating services across physical health, mental  
            health, and SUD services; and allowing for portability from one  
            county to another.


          4.DHCS's current certification duties. The Department of Alcohol  
            and Drug Programs (ADP) was established to develop and  
            implement a statewide plan to alleviate problems related to  
            inappropriate alcohol and drug use and abuse. Following a  
            25-year effort, ADP adopted counselor certification  
            regulations in April 2005. ADP's programs and duties were  
            transferred to DHCS on July 1, 2013, pursuant to AB 75  
            (Committee on Budget), Chapter 22, Statutes of 2013. Current  
            counselor certification regulations apply to all individuals  
            providing counseling services in an SUD program licensed or  
            certified by DHCS.  

            Prior to the enactment of AB 2374 (Mansoor), Chapter 815,  
            Statutes of 2014, DHCS only had the authority to ensure that  
            COs maintained a business office in California and remained  
            accredited with the National Commission for Certifying  
            Agencies (NCCA). Once approved, DHCS had no authority to  
            monitor, suspend, or revoke approval of a CO unless they lost  
            their NCCA accreditation. Ten COs were originally approved in  
            regulations to register and certify individuals providing SUD  
            counseling in programs licensed and/or certified by DHCS. DHCS  
            currently recognizes four approved counselor COs. The other  
            six COs lost their accreditation with the NCCA, thereby losing  
            approval from DHCS. The four COs have approximately 28,000 SUD  
            counselors, of which roughly half are certified and half are  
            registered while working towards certification. AB 2374  
            established new requirements for DHCS's oversight of COs. This  
            new oversight authority includes periodic reviews of the COs  
            and administrative tasks related to periodic reviews to  
            monitor the approved COs' adherence to state requirements. 
            








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          5.Prior legislation. AB 2374 (Mansoor), Chapter 815, Statutes of  
            2014,  requires DHCS to, among other things, conduct periodic  
            reviews of COs and require COs to contact other COs before  
            registering or certifying a person as an SUD counselor to  
            determine if the person's registration or certification had  
            ever been revoked.

          6.Support. Supporters of the bill cite the state's  
            underutilization of the PFSS at a time when the Medi-Cal  
            program has been expanded and the health care system needs to  
            ensure that the appropriate workforce meets demand, including  
            culturally and linguistically appropriate care. They cite  
            research that the PFSS helps clients hone life functioning  
            skills, alleviate depression and other symptoms, enhance  
            clients' advocacy and navigation abilities, reduce  
            hospitalizations, and improve client satisfaction. Supporters  
            further cite the lack of statewide training and supervision  
            standards for the PFSS and state that CMS, the U.S. Department  
            of Veteran's Affairs, and more than 30 states have already  
            recognized the importance and value of PFSS certification.

           SUPPORT AND OPPOSITION  :
          Support:  County Behavioral Health Directors Association of  
                    California (sponsor)
                    Association of California Health Care Districts
                    California Association of Mental Health Peer-Run  
                    Organizations
                    California Association of Social Rehabilitation  
                    Agencies
                    California Council of Community Mental Health Agencies
                    California State Association of Counties
                    Disability Rights California
                    National Alliance on Mental Illness California
                    Pacific Clinics
                    Peers Envisioning and Engaging in Recovery Services  
                    (PEERS)
                    Sacramento County Board of Supervisors
                    SEIU California
                    Steinberg Institute
                    Western Center on Law and Poverty
          
          Oppose:   None received.
                    
          









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