Amended in Senate April 19, 2016

Amended in Senate March 28, 2016

Senate BillNo. 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 outpatient crisis stabilizationbegin delete services, including 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 deletebegin insert services to individuals who are voluntarily receiving those services, even when individuals who are receiving services involuntarily are treated at the same facility.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:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) There is an urgent and crucial need for mental health crisis
4stabilization services in California.

begin delete

5(2) In 2013, the California Legislature enacted Senate Bill 82
6(Chapter 34 of the Statutes of 2013) to dedicate money for the
7General Fund to support crisis stabilization services.

end delete
begin delete

8 8(3)

end delete

9begin insert(2)end insert In 2004, the California electorate approved Proposition 63,
10the Mental Health Services Act, to address serious mental illness
11among adults, children, andbegin delete seniors involvingend deletebegin insert seniors, including
12the provision ofend insert
prevention and early interventionbegin delete and supportive
13medical care.end delete
begin insert services.end insert

begin delete

14(4) Currently there

end delete

15begin insert(3)end insertbegin insertend insertbegin insertCurrently, thereend insert are counties using Mental Health Services
16Actbegin delete moneyend deletebegin insert (MHSA) moneysend insert for crisis stabilization services, and
17other counties that are not.begin insert Some counties not using MHSA moneys
18for crisis stabilization services have expressed the need for
19clarification of state law that the colocation of voluntary and
20involuntary services at facilities providing crisis stabilization
21services does not preclude the use of MHSA moneys.end insert

22(b) The Legislature finds and declares that this act clarifies that
23counties may use funds provided under the Mental Health Services
24Act to provide services to individuals who arebegin delete being temporarily
25evaluated for mental health reasons.end delete
begin insert voluntarily receiving services
26at facilities at which individuals who are receiving services
27involuntarily are also treated.end insert

28

SEC. 2.  

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

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5813.5.  

Subject to the availability of funds from the Mental
2Health Services Fund, the state shall distribute funds for the
3provision of services under Sections 5801, 5802, and 5806 to
4county mental health programs. Services shall be available to adults
5and seniors with severe illnesses who meet the eligibility criteria
6in subdivisions (b) and (c) of Section 5600.3. For purposes of this
7act, “seniors” means older adult persons identified in Part 3
8(commencing with Section 5800) of this division.

9(a) Funding shall be provided at sufficient levels to ensure that
10counties can provide each adult and senior served pursuant to this
11part with the medically necessary mental health services,
12medications, and supportive services set forth in the applicable
13treatment plan.

14(b) The funding shall only cover the portions of those costs of
15services that cannot be paid for with other funds including other
16mental health funds, public and private insurance, and other local,
17state, and federal funds.

18(c) Each county mental health program’s plan shall provide for
19services in accordance with the system of care for adults and
20seniors who meet the eligibility criteria in subdivisions (b) and (c)
21of Section 5600.3.

22(d) Planning for services shall be consistent with the philosophy,
23principles, and practices of the Recovery Vision for mental health
24consumers:

25(1) To promote concepts key to the recovery for individuals
26who have mental illness: hope, personal empowerment, respect,
27social connections, self-responsibility, and self-determination.

28(2) To promote consumer-operated services as a way to support
29recovery.

30(3) To reflect the cultural, ethnic, and racial diversity of mental
31health consumers.

32(4) To plan for each consumer’s individual needs.

33(e) The plan for each county mental health program shall
34indicate, subject to the availability of funds as determined by Part
354.5 (commencing with Section 5890), and other funds available
36for mental health services, adults and seniors with a severe mental
37illness being served by this program are either receiving services
38from this program or have a mental illness that is not sufficiently
39severe to require the level of services required of this program.

P4    1(f) Each county plan and annual update pursuant to Section
25847 shall consider ways to provide services similar to those
3established pursuant to the Mentally Ill Offender Crime Reduction
4Grant Program. Funds shall not be used to pay for persons
5incarcerated in state prison or parolees from state prisons.

6(1) When included in county plans pursuant to Section 5847,
7funds may be used for the provision of mental health services under
8Sections 5347 and 5348 in counties that elect to participate in the
9Assisted Outpatient Treatment Demonstration Project Act of 2002
10(Article 9 (commencing with Section 5345) of Chapter 2 of Part
111).

12(2) When included in county plans pursuant to Section 5847,
13funds may be used for the provision of outpatient crisis stabilization
14
begin delete services, including crisis intervention and stabilization for a person
15suffering acute symptoms or distress, crisis residential treatment,
16as defined in Section 5671, rehabilitative mental health services,
17and mobile crisis support teams, including personnel and the
18purchase or lease of equipment such as vehicles.end delete
begin insert services to
19individuals who are voluntarily receiving those services, even
20when facilities colocate services to individuals who are receiving
21services involuntarily are treated at the same facility.end insert

22(g) The department shall contract for services with county
23mental health programs pursuant to Section 5897. After the
24effective date of this section, the term grants referred to in Sections
255814 and 5814.5 shall refer to such contracts.



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