BILL NUMBER: SB 1113 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 23, 2016
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 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, 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, 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 with a
specified education plan and 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 and would prohibit those funds from being
deposited into the County and Local Educational Agency Partnership
Fund.
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 who receive EPSDT mental
health services as part of an individualized education program or
children who are Medi-Cal beneficiaries receiving educationally
related mental health services as part of an individualized education
program from a local educational agency participating in the Local
Educational Agency Medi-Cal Billing Option Program 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. The Legislature finds and declares that pilot projects
are demonstrating that schools have significantly lower special
education costs when schools partner with county-funded Medi-Cal
mental health services providers to address the mental health
problems of pupils in a comprehensive multitiered model that includes
services for pupils at the earliest time, usually years before they
would require special education, which can often be prevented. Thus,
the Legislature encourages the partnerships authorized by this act
to, whenever possible, look for opportunities and funding to provide
pupils who do not have individualized education programs, but are in
need of, and could benefit from, prevention and early intervention
services, with those services. The Legislature further encourages the
State Department of Education and the State Department of Health
Care Services to work toward the development of protocols to identify
students who are Medi-Cal beneficiaries receiving educationally
related mental health services as part of an individual educational
plan for the purposes of data tracking.
SEC. 2. 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, 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) The county mental health plan, or the qualified provider, and
the local educational agency utilize designated governmental funds
for eligible Medi-Cal Early and Periodic Screening, Diagnosis, and
Treatment (EPSDT) services provided to pupils enrolled in 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 (2).
(2) An agreement between the county mental health 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. 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 with a plan adopted pursuant to Section
504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a))
and 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.
(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, or the
qualified provider, and the local educational agency addresses how to
cover the costs of mental health provider services not covered by
funds pursuant to paragraph (1) in the event that mental health
service costs exceed the agreed-upon funding outlined in the
partnership agreement between the county mental health 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, or the
qualified provider, and the local educational agency fulfills
reporting and all other 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, 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.
(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 2017-18 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 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 and shall not be deposited into the County and Local
Educational Agency Partnership Fund.
SEC. 3. 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 21 years of age pursuant to Section
1396d(a)(4)(B) of Title 42 of the United States Code.
(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 who receive EPSDT
mental health services as part of an individualized education program
or children who are Medi-Cal beneficiaries receiving educationally
related mental health services as part of an individualized education
program from a local educational agency participating in the Local
Educational Agency Medi-Cal Billing Option Program, 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 24 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.