Amended in Senate March 28, 2016

Senate Bill No. 1273

Introduced by Senator Moorlach

February 18, 2016

An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1273, as amended, 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 begin insert outpatient end insert crisis stabilization services, including begin delete temporary commitment. end delete begin insert crisis intervention and stabilization for a person suffering acute symptoms or distress, crisis residential treatment, rehabilitative mental health services, and mobile crisis support teams. end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(1) There is an urgent and crucial need for mental health crisis
stabilization services in California.

end insert begin insert

(2) In 2013, the California Legislature enacted Senate Bill 82
(Chapter 34 of the Statutes of 2013) to dedicate money for the
General Fund to support crisis stabilization services.

end insert begin insert

(3) In 2004, the California electorate approved Proposition 63,
the Mental Health Services Act, to address serious mental illness
among adults, children, and seniors involving prevention and early
intervention and supportive medical care.

end insert begin insert

(4) Currently there are counties using Mental Health Services
Act money for crisis stabilization services, and other counties that
are not.

end insert begin insert

(b) The Legislature finds and declares that this act clarifies that
counties may use funds provided under the Mental Health Services
Act to provide services to individuals who are being temporarily
evaluated for mental health reasons.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 5813.5 of the Welfare and Institutions Code
is amended to read:

5813.5.  

Subject to the availability of funds from the Mental
Health Services Fund, the state shall distribute funds for the
provision of services under Sections 5801, 5802, and 5806 to
county mental health programs. Services shall be available to adults
and seniors with severe illnesses who meet the eligibility criteria
in subdivisions (b) and (c) of Section 5600.3. For purposes of this
act, “seniors” means older adult persons identified in Part 3
(commencing with Section 5800) of this division.

(a) Funding shall be provided at sufficient levels to ensure that
counties can provide each adult and senior served pursuant to this
part with the medically necessary mental health services,
medications, and supportive services set forth in the applicable
treatment plan.

(b) The funding shall only cover the portions of those costs of
services that cannot be paid for with other funds including other
mental health funds, public and private insurance, and other local,
state, and federal funds.

(c) Each county mental health program’s plan shall provide for
services in accordance with the system of care for adults and
seniors who meet the eligibility criteria in subdivisions (b) and (c)
of Section 5600.3.

(d) Planning for services shall be consistent with the philosophy,
principles, and practices of the Recovery Vision for mental health
consumers:

(1) To promote concepts key to the recovery for individuals
who have mental illness: hope, personal empowerment, respect,
social connections, self-responsibility, and self-determination.

(2) To promote consumer-operated services as a way to support
recovery.

(3) To reflect the cultural, ethnic, and racial diversity of mental
health consumers.

(4) To plan for each consumer’s individual needs.

(e) The plan for each county mental health program shall
indicate, subject to the availability of funds as determined by Part
4.5 (commencing with Section 5890), and other funds available
for mental health services, adults and seniors with a severe mental
illness being served by this program are either receiving services
from this program or have a mental illness that is not sufficiently
severe to require the level of services required of this program.

(f) Each county plan and annual update pursuant to Section
5847 shall consider ways to provide services similar to those
established pursuant to the Mentally Ill Offender Crime Reduction
Grant Program. Funds shall not be used to pay for persons
incarcerated in state prison or parolees from state prisons.

(1) When included in county plans pursuant to Section 5847,
funds may be used for the provision of mental health services under
Sections 5347 and 5348 in counties that elect to participate in the
Assisted Outpatient Treatment Demonstration Project Act of 2002
(Article 9 (commencing with Section 5345) of Chapter 2 of Part
1).

(2) When included in county plans pursuant to Section 5847,
funds may be used for the provision of begin insert outpatient end insert crisis stabilization
services, including begin delete temporary commitment pursuant to Section
5150. end delete begin insert crisis intervention and stabilization for a person suffering
acute symptoms or distress, crisis residential treatment, as defined
in Section 5671, rehabilitative mental health services, and mobile
crisis support teams, including personnel and the purchase or
lease of equipment such as vehicles. end insert

(g) The department shall contract for services with county
mental health programs pursuant to Section 5897. After the
effective date of this section, the term grants referred to in Sections
5814 and 5814.5 shall refer to such contracts.

begin delete

SEC. 2.  

The Legislature finds and declares that this act clarifies
that counties may use funds provided under the Mental Health
Services Act to provide services to individuals who are being
temporarily evaluated for mental health reasons.

end delete