BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 614|
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                                   THIRD READING 


          Bill No:  SB 614
          Author:   Leno (D)
          Amended:  4/6/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  9-0, 4/15/15
           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:   Medi-Cal: mental health services: peer and family  
                     support specialist certification


          SOURCE:    County Behavioral Health Directors Association of  
          California


          DIGEST:  This bill 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.


          ANALYSIS:   










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          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.

          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; 








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             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  
            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  
            waivers or other state plan amendments to implement the PFSS  
            certification program.








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          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.


          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  
            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  







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            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 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.  







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            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.


          Prior Legislation
          







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          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.

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

          According to the Senate Appropriations Committee:

           One-time costs, likely in the hundreds of thousands per year  
            for one to three years, to develop program standards and seek  
            federal approvals by DHCS (Mental Health Services Act funds,  
            General Fund, and federal funds). This bill requires DHCS to  
            establish a certifying body for PFSS, to define the  
            responsibilities of PFSS, specify training requirements, set  
            other standards, and adopt regulations. This bill also  
            requires DHCS to amend its State Plan for the Medi-Cal program  
            to allow PFSS to provide services. It is estimated that DHCS  
            will incur additional staff costs in the hundreds of thousands  
            per year for one to three years.

           Uncertain ongoing costs to manage the program (Mental Health  
            Service Act funds, General Fund, federal funds, or special  
            funds). This bill requires DHCS to establish a certifying body  
            to provide for the certification of PFSS. However, this bill  
            also requires DHCS to provide for statewide certification of  
            PFSS. If DHCS is able to designate one or more third-party  
            bodies to provide certification to PFSS, then the annual cost  
            to administer the certification program is likely to be  
            minimal. However, if DHCS is unable to identify a third-party  
            organization to certify PFSS, then this bill appears to  
            require DHCS to fulfill that role. The total cost to actually  
            provide certification services is unknown, and will depend on  
            the number of applicants. If DHCS fulfills that  
            responsibility, the annual costs could be in the hundreds of  
            thousands to millions per year (although they could be offset  
            by application fee revenues).

           Uncertain impact on county mental health plans that provide  
            specialty mental health services in the Medi-Cal program  
            (county funds and federal funds). Under current law, county  
            mental health plans provide services for Medi-Cal  







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            beneficiaries with moderate to severe mental health issues.  
            Creating a new provider type who can provide services to this  
            population may increase overall service utilization, by  
            addressing shortages of providers, which would increase costs.  
            On the other hand, PFSS are likely to be a less costly  
            provider type than other mental health providers in Medi-Cal  
            and could potentially reduce expenditures by providing certain  
            services in a more cost-effective manner. Also, to the extent  
            that counties are already providing peer support services,  
            they are currently unable to draw down federal funding for  
            those costs. Under this bill, they would be able to do so.  
            Finally, to the extent that PFSS are able to provide support  
            and assistance to Medi-Cal beneficiaries with mental illness,  
            it is also possible that the program may reduce the need for  
            more expensive services such as inpatient hospitalizations.  
            The extent to which such cost avoidance may occur is unknown.

           Uncertain impact on Medi-Cal managed care plans that provide  
            mental health services to Medi-Cal beneficiaries when the  
            mental illness is not severe (General Fund and federal funds).  
            Under current law, Medi-Cal managed care plans provide  
            coverage for mental health service needs of enrolled  
            beneficiaries when the mental illness is not severe enough to  
            warrant specialty mental health services. Creating a new  
            provider type who can provide services to this population may  
            increase overall service utilization, by addressing shortages  
            of providers, which would increase costs. On the other hand,  
            PFSS are likely to be a less costly provider type than other  
            mental health providers in Medi-Cal and could potentially  
            reduce expenditures by providing certain services in a more  
            cost-effective manner. Finally, to the extent that PFSS are  
            able to provide support and assistance to Medi-Cal  
            beneficiaries with mental illness, it is also possible that  
            the program may reduce the need for more expensive services  
            such as inpatient hospitalizations. The extent to which such  
            cost avoidance may occur is unknown.

          SUPPORT:   (Verified5/28/15)

          County Behavioral Health Directors Association of California  
          (source)
          California Association of Alcohol and Drug Program Executives,  
          Inc. 
          California Association of Mental Health Peer-Run Organizations 







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          California Association of Social Rehabilitation Agencies 
          California Coalition for Mental Health 
          California Council of Community Mental Health Agencies 
          California Mental Health Planning Council
          California State Association of Counties 
          Common Sense Kids Action
          County of Sacramento
          County of Los Angeles
          Disability Rights California
          Mental Health America of Los Angeles
          Mental Health Association of San Francisco
          National Alliance on Mental Illness California
          Pacific Clinics
          Peers Envisioning and Engaging in Recovery Services
          SEIU California
          Steinberg Institute
          Telecare Corporation


          OPPOSITION:   (Verified5/28/15)


          None received


          ARGUMENTS IN SUPPORT:     Supporters of this 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.


          Prepared by:Reyes Diaz / HEALTH / 
          5/30/15 17:16:17









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