BILL NUMBER: SB 1113 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 8, 2016
AMENDED IN SENATE APRIL 14, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Beall
FEBRUARY 17, 2016
An act to add Section 56601.3 to the Education Code, and
amend Section 14707.5 of, and to add Part 6
(commencing with Section 5920) to Division 5 of
of, the Welfare and Institutions Code, relating to pupil
health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1113, as amended, Beall. Pupil health: mental health.
Existing law requires school districts, county offices of
education, and special education local plan areas (SELPAs) to comply
with state laws that conform to the federal Individuals with
Disabilities Education Act, in order that the state may qualify for
federal funds available for the education of individuals with
exceptional needs. Existing law requires school districts, county
offices of education, and SELPAs to identify, locate, and assess
individuals with exceptional needs and to provide those pupils with a
free appropriate public education in the least restrictive
environment, and with special education and related services,
including mental health services, as reflected in an individualized
education program.
Existing law contains provisions governing the operation and
financing of community mental health services for the mentally
disordered in every county through locally administered and locally
controlled community mental health programs. Existing law, the Mental
Health Services Act (MHSA), an initiative measure enacted by the
voters as Proposition 63 at the November 2, 2004, statewide general
election, funds a system of county mental health plans for the
provision of mental health services, as specified. The MHSA
establishes the Mental Health Services Oversight and Accountability
Commission to oversee the administration of various provisions of the
act.
This bill would specifically authorize a county
county, or a qualified provider operating as part of the county
mental health plan network, and a local educational agency to
enter into a partnership that includes, among other things, an
agreement between the county mental health plan
plan, or the qualified provider, and the local educational
agency that establishes a Medi-Cal mental health provider that is
county operated or county contracted for the provision of mental
health services to pupils of the local educational agency and in
which there are provisions for the delivery of campus-based mental
health services through qualified providers or qualified
professionals to provide on-campus support to identify pupils not in
special education who a teacher believes may require those services
and, with parental consent, to provide mental health services to
those pupils. The bill would create the County and Local Educational
Agency Partnership Fund in the State Treasury, which would be
available, upon appropriation by the Legislature, to the State
Department of Education for the purpose of funding these
partnerships, as specified, and would require the State Department of
Education to fund these partnerships through a competitive grant
program.
The bill would require funds made available in the annual Budget
Act for the purpose of providing educationally related mental health
services required by an individualized education program to be used
only for that purpose unless the State Board of Education grants a
waiver allowing those funds to be expended for other purposes.
Existing law requires, pursuant to specified provisions of federal
law, each SELPA to annually report to the Superintendent of Public
Instruction the number of pupils receiving special education services
participating in the regular school and district assessments and the
number participating in an alternate assessment process.
This bill would require the State Department of Education to
expand its reporting system for mental health services provided
pursuant to an individualized education program pursuant to the
federal Individuals with Disabilities Education Act for children with
a primary mental health diagnosis as emotional disturbance to
include academic performance and any measures included within the
State Department of Health Care Services' Early and Periodic
Screening, Diagnosis, and Treatment (EPSDT) mental health services
performance outcome system within 18 months after those measures have
been adopted by the State Department of Health Care Services. The
bill would also require the State Department of Education to enter
into an agreement with the State Department of Health Care Services
to provide relevant academic performance data, as determined by the
State Department of Education, to the State Department of Health Care
Services for utilization in its performance outcome system regarding
individuals enrolled in Medi-Cal and special education who receive
mental health services.
Existing law requires the State Department of Health Care
Services, in collaboration with the California Health and Human
Services Agency, and in consultation with the Mental Health Services
Oversight and Accountability Commission, to create a plan for a
performance outcome system for Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT) mental health services provided to
specified eligible Medi-Cal beneficiaries.
This bill would additionally require the State Department of
Health Care Services to identify children with an individualized
education program who have a primary mental health diagnosis as
emotional disturbance and to collect, utilize in the performance
outcome system, and include in its reporting academic performance
data and other specified data for those children. The bill would also
require the State Department of Health Care Services to enter into
an agreement with the State Department of Education for the State
Department of Education to provide to the State Department of Health
Care Services relevant academic performance data.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56601.3 is added to the
Education Code, to read:
56601.3. (a) The State Department of Education shall expand its
reporting system for mental health services provided pursuant to an
individualized education program pursuant to the federal Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) for
children with a primary mental health diagnosis as emotional
disturbance to include academic performance and any measures included
within the State Department of Health Care Services' Early and
Periodic Screening, Diagnosis, and Treatment (EPSDT) mental health
services performance outcome system described in Section 14707.5 of
the Welfare and Institutions Code within 18 months after those
measures have been adopted by the State Department of Health Care
Services.
(b) The State Department of Education shall enter into an
agreement with the State Department of Health Care Services to
provide relevant academic performance data, as determined by the
State Department of Education, to the State Department of Health Care
Services for utilization in its performance outcome system described
in Section 14707.5 of the Welfare and Institutions Code regarding
individuals enrolled in Medi-Cal and special education who receive
mental health services.
SEC. 2. SECTION 1. Part 6
(commencing with Section 5920) is added to Division 5 of the Welfare
and Institutions Code, to read:
PART 6. County and Local Educational Agency Partnerships
5920. (a) Notwithstanding any other law, a county
county, or a qualified provider operating as part of
the county mental health plan network, and a local educational
agency may enter into a partnership that includes all of the
following:
(1) An agreement between the county mental health plan
plan, or the qualified provider, and the local
educational agency that establishes a Medi-Cal mental health provider
that is county operated or county contracted,
con tracted for the provision of mental health
services to pupils of the local educational agency. The agreement may
include provisions for the delivery of campus-based mental health
services through qualified providers or qualified professionals to
provide on-campus support to identify pupils not in special education
who a teacher believes may require those services and, with parental
consent, to provide mental health services to those pupils.
(2) The county mental health plan plan, or
the qualified provider, and the local educational agency
utilize designated governmental funds as required match
for eligible Medi-Cal Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT) reimbursement for
services provided to pupils enrolled in Medi-Cal,
Medi-Cal for mental health service costs for non-Medi-Cal
enrolled pupils in special education with individualized education
programs (IEPs) pursuant to the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.), and for pupils not part
of special education if the services are provided by a provider
specified in paragraph (1).
(3) The local educational agency, with permission of the pupil's
parent, provides the county mental health plan provider with the
information of the health insurance carrier for each pupil.
(4) The agreement between the county mental health plan
plan, or the qualified provider, and the local
educational agency addresses how to cover the costs of mental health
provider services not reimbursed covered
by funds pursuant to paragraph (2) in the event that mental
health service costs exceed the agreed-upon funding outlined in the
partnership agreement between the county mental health plan
plan, or the qualified provider, and the local
educational agency following a yearend cost reconciliation process,
and in the event that the local educational agency does not elect to
provide the services through other means.
(5) The agreement between the county mental health plan
plan, or the qualified provider, and the local
educational agency fulfills reporting requirements under state and
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect
of the mental health intervention and how that intervention meets the
goals in a pupil's IEP or relevant plan for non-IEP pupils.
(6) The county mental health plan participates in any performance
outcome system established by the State Department of Health Care
Services, including reporting requirements pursuant to Section
14707.5, to measure results of services provided under the
partnership agreement between the county mental health plan and the
local educational agency.
(7) (A) The local educational agency participates in any
performance system established by the State Department of Education
pursuant to Section 56601.3 of the Education Code to measure
performance of special education mental health services and other
mental health services provided under the partnership agreement
between the county mental health plan and the local educational
agency.
(B) The local educational agency also reports applicable
information to the performance outcome system established by the
State Department of Health Care Services described in Section 14707.5
for those pupils whose information is not reported pursuant to
paragraph (6).
(6) The county mental health plan, or the qualified provider, and
the local educational agency participate in the performance outcome
system established by the State Department of Health Care Services
pursuant to Section 14707.5 to measure results of services provided
under the partnership agreement between the county mental health
plan, or the qualified provider, and the local educational agency.
(8)
(7) A plan to establish a partnership described in this
section in at least one school within the local educational agency
in the first year and to expand the partnership to three additional
schools within three years.
(b) For purposes of this section, "local educational agency" has
the same meaning as that term is defined in Section 56026.3 of the
Education Code.
(c) Where applicable, and to the extent mutually agreed to by a
school district and a plan or insurer, it is the intent of the
Legislature that a health care service plan or a health insurer be
authorized to participate in the partnerships described in this part.
5921. (a) The County and Local Educational Agency Partnership
Fund is hereby created in the State Treasury. Moneys in the fund are
available, upon appropriation by the Legislature, to the State
Department of Education for the purpose of funding the partnerships
described in this part. The State Department of Education shall fund
partnerships described in this part through a competitive grant
program.
(b) (1) For the 2017-2018 2017-
18 fiscal year and each fiscal year thereafter, to the extent
there is an appropriation in the annual Budget Act or another
measure for purposes of educationally related mental
health services, this part, the Superintendent
of Public Instruction shall allocate funds from that appropriation to
the County and Local Educational Agency Partnership Fund.
(2) Other funds identified and appropriated by the Legislature may
also be deposited into the County and Local Educational Agency
Partnership Fund and used for the purposes specified in subdivision
(a).
(c) Funds made available in the annual Budget Act for the purpose
of providing educationally related mental health services, including
out-of-home residential services for emotionally disturbed pupils,
required by an individualized education program, shall be used only
for that purpose unless the State Board of Education grants a waiver
allowing those funds to be expended for other purposes.
SEC. 2. Section 14707.5 of the Welfare
and Institutions Code is amended to read:
14707.5. (a) It is the intent of the Legislature to develop a
performance outcome system for Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT) mental health services that will
improve outcomes at the individual and system levels and will inform
fiscal decisionmaking related to the purchase of services.
(b) The State Department of Health Care Services, in collaboration
with the California Health and Human Services Agency, and in
consultation with the Mental Health Services Oversight and
Accountability Commission, shall create a plan for a performance
outcome system for EPSDT mental health services provided to eligible
Medi-Cal beneficiaries under the age of 21 pursuant to 42 U.S.C.
Section 1396d(a)(4)(B).
(1) Commencing no later than September 1, 2012, the department
shall convene a stakeholder advisory committee comprised of
representatives of child and youth clients, family members,
providers, counties, and the Legislature. This consultation shall
inform the creation of a plan for a performance outcome system for
EPSDT mental health services.
(2) In developing a plan for a performance outcomes system for
EPSDT mental health services, the department shall consider the
following objectives, among others:
(A) High quality and accessible EPSDT mental health services for
eligible children and youth, consistent with federal law.
(B) Information that improves practice at the individual, program,
and system levels.
(C) Minimization of costs by building upon existing resources to
the fullest extent possible.
(D) Reliable data that are collected and analyzed in a timely
fashion.
(3) At a minimum, the plan for a performance outcome system for
EPSDT mental health services shall consider evidence-based models for
performance outcome systems, such as the Child and Adolescent Needs
and Strengths (CANS), federal requirements, including the review by
the External Quality Review Organization (EQRO), and, timelines for
implementation at the provider, county, and state levels.
(c) The State Department of Health Care Services shall provide the
performance outcomes system plan, including milestones and
timelines, for EPSDT mental health services described in subdivision
(a) to all fiscal committees and appropriate policy committees of the
Legislature no later than October 1, 2013.
(d) The State Department of Health Care Services shall propose how
to implement the performance outcomes system plan for EPSDT mental
health services described in subdivision (a) no later than January
10, 2014.
(e) Commencing no later than February 1, 2014, the department
shall convene a stakeholder advisory committee comprised of advocates
for and representatives of, child and youth clients, family members,
managed care health plans, providers, counties, and the Legislature.
The committee shall develop methods to routinely measure, assess,
and communicate program information regarding informing, identifying,
screening, assessing, referring, and linking Medi-Cal eligible
beneficiaries to mental health services and supports. The committee
shall also review health plan screenings for mental health illness,
health plan referrals to Medi-Cal fee-for-service providers, and
health plan referrals to county mental health plans, among others.
The committee shall make recommendations to the department regarding
performance and outcome measures that will contribute to improving
timely access to appropriate care for Medi-Cal eligible
beneficiaries.
(1) The department shall incorporate into the performance outcomes
system established pursuant to this section the screenings and
referrals described in this subdivision, including milestones and
timelines, and shall provide an updated performance outcomes system
plan to all fiscal committees and the appropriate policy committees
of the Legislature no later than October 1, 2014.
(2) The department shall propose how to implement the updated
performance systems outcome plan described in paragraph (1) no later
than January 10, 2015.
(f) The department shall identify children with an individualized
education program who have a primary mental health diagnosis as
emotional disturbance, and do both of the following:
(1) (A) Collect and utilize in the performance outcome system
academic performance data and any other data required for the
measures included within the performance outcome system for these
children.
(B) The department shall enter into an agreement with the State
Department of Education for the State Department of Education to
provide to the department relevant academic performance data, as
determined by the department, in consultation with the State
Department of Education, for utilization in the performance outcome
system pursuant to subparagraph (A).
(2) Within 18 months of the department completing the first report
on comprehensive performance outcomes pursuant to this section, the
department shall begin to include the data specified in paragraph (1)
in its reporting.