SB 1273, as introduced, Moorlach. Crisis stabilization units: funding.
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, 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 act establishes the Mental Health Services Fund, continuously appropriated to and administered by the State Department of Health Care Services, to fund specified county mental health programs, including programs funded under the Adult and Older Adult Mental Health System of Care Act. Existing law prohibits these funds from being used to pay for persons incarcerated in state prison or parolees from state prisons.
This bill would clarify that the counties may use Mental Health Services Fund moneys to provide crisis stabilization services, including temporary commitment. Because the bill would clarify the procedures and terms of Proposition 63, it would require a majority vote of the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5813.5 of the Welfare and Institutions
2Code is amended to read:
Subject to the availability of funds from the Mental
4Health Services Fund, the state shall distribute funds for the
5provision of services under Sections 5801, 5802, and 5806 to
6county mental health programs. Services shall be available to adults
7and seniors with severe illnesses who meet the eligibility criteria
8in subdivisions (b) and (c) of Section 5600.3. For purposes of this
9act,begin delete seniorsend deletebegin insert “seniors”end insert means older adult persons identified in Part
103 (commencing with Section 5800) of this division.
11(a) Funding shall be provided at sufficient levels to ensure that
12counties can provide each adult and
senior served pursuant to this
13part with the medically necessary mental health services,
14medications, and supportive services set forth in the applicable
15treatment plan.
16(b) The funding shall only cover the portions of those costs of
17services that cannot be paid for with other funds including other
18mental health funds, public and private insurance, and other local,
19state, and federal funds.
20(c) Each county mental health program’s plan shall provide for
21services in accordance with the system of care for adults and
22seniors who meet the eligibility criteria in subdivisions (b) and (c)
23of Section 5600.3.
24(d) Planning for services shall be consistent with the philosophy,
25principles, and practices of the Recovery Vision for mental health
26consumers:
27(1) To
promote concepts key to the recovery for individuals
28who have mental illness: hope, personal empowerment, respect,
29social connections, self-responsibility, and self-determination.
30(2) To promote consumer-operated services as a way to support
31recovery.
32(3) To reflect the cultural, ethnic, and racial diversity of mental
33health consumers.
34(4) To plan for each consumer’s individual needs.
35(e) The plan for each county mental health program shall
36indicate, subject to the availability of funds as determined by Part
374.5 (commencing with Sectionbegin delete 5890) of this division,end deletebegin insert 5890),end insert
and
38other funds available for mental health services, adults and seniors
P3 1with a severe mental illness being served by this program are either
2receiving services from this program or have a mental illness that
3is not sufficiently severe to require the level of services required
4of this program.
5(f) Each county plan and annual update pursuant to Section
65847 shall consider ways to provide services similar to those
7established pursuant to the Mentally Ill Offender Crime Reduction
8Grant Program. Funds shall not be used to pay for persons
9incarcerated in state prison or parolees from state prisons.begin delete Whenend delete
10begin insert(1)end insertbegin insert end insertbegin insertWhenend insert
included in county plans pursuant to Section 5847,
11funds may be used for the provision of mental health services under
12Sections 5347 and 5348 in counties that elect to participate in the
13Assisted Outpatient Treatment Demonstration Project Act of 2002
14(Article 9 (commencing with Section 5345) of Chapter 2 of Part
151).
16(2) When included in county plans pursuant to Section 5847,
17funds may be used for the provision of crisis stabilization services,
18including temporary commitment pursuant to Section 5150.
19(g) The department shall contract for services with county
20mental health programs pursuant to Section 5897. After the
21effective date of this section, the term grants referred to in Sections
225814 and 5814.5 shall refer to such
contracts.
The Legislature finds and declares that this act clarifies
24that counties may use funds provided under the Mental Health
25Services Act to provide services to individuals who are being
26temporarily evaluated for mental health reasons.
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