Amended in Assembly June 30, 2016

Amended in Senate April 19, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1273


Introduced by Senator Moorlach

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(Coauthors: Senators Anderson, Bates, Fuller, Gaines, Hertzberg, and Stone)

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(Coauthors: Assembly Members Brough, Chang, Chávez, Harper, and Olsen)

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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,begin insert which isend insert continuously appropriatedbegin delete toend deletebegin insert to,end insert and administeredbegin delete byend deletebegin insert by,end insert 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 providebegin insert voluntaryend insert outpatient crisis stabilization services tobegin delete individuals who are voluntarily receiving those services,end deletebegin insert individuals,end insert even when individuals who are receivingbegin insert involuntaryend insert servicesbegin delete involuntarilyend delete are treated at the same facility. 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.

5(2) In 2004, the California electorate approved Proposition 63,
6the Mental Health Services Act, to address serious mental illness
7among adults, children, and seniors, including the provision of
8prevention and early intervention services.

9(3) Currently, there are counties using Mental Health Services
10Act (MHSA) moneys for crisis stabilization services, and other
11counties that are not. Some counties not using MHSA moneys for
12crisis stabilization services have expressed the need for clarification
13of state law that the colocation of voluntary and involuntary
14services at facilities providing crisis stabilization services does not
15preclude the use of MHSA moneys.

16(b) The Legislature finds and declares that this act clarifies that
17counties may use funds provided under the Mental Health Services
18Act to providebegin delete services to individuals who are voluntarily receiving
19services at facilities at which individuals who are receiving services
20involuntarily are also treated.end delete
begin insert voluntary services to individuals
21who are receiving services at facilities in which involuntary
22services are also provided.end insert

23

SEC. 2.  

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

25

5813.5.  

Subject to the availability of funds from the Mental
26Health Services Fund, the state shall distribute funds for the
P3    1provision of services under Sections 5801, 5802, and 5806 to
2county mental health programs. Services shall be available to adults
3and seniors with severe illnesses who meet the eligibility criteria
4in subdivisions (b) and (c) of Section 5600.3. For purposes of this
5act, “seniors” means older adult persons identified in Part 3
6(commencing with Section 5800) of this division.

7(a) Funding shall be provided at sufficient levels to ensure that
8counties can provide each adult and senior served pursuant to this
9part with the medically necessary mental health services,
10medications, and supportive services set forth in the applicable
11treatment plan.

12(b) The funding shall only cover the portions of those costs of
13services that cannot be paid for with other funds including other
14mental health funds, public and private insurance, and other local,
15state, and federal funds.

16(c) Each county mental health program’s plan shall provide for
17services in accordance with the system of care for adults and
18seniors who meet the eligibility criteria in subdivisions (b) and (c)
19of Section 5600.3.

20(d) Planning for services shall be consistent with the philosophy,
21principles, and practices of thebegin delete Recovery Visionend deletebegin insert recovery visionend insert
22 for mental health consumers:

23(1) To promote concepts key to the recovery for individuals
24who have mental illness: hope, personal empowerment, respect,
25social connections, self-responsibility, and self-determination.

26(2) To promote consumer-operated services as a way to support
27recovery.

28(3) To reflect the cultural, ethnic, and racial diversity of mental
29health consumers.

30(4) To plan for each consumer’s individual needs.

31(e) The plan for each county mental health program shall
32indicate, subject to the availability of funds as determined by Part
334.5 (commencing with Section 5890), and other funds available
34for mental health services, adults and seniors with a severe mental
35illness being served by this program are either receiving services
36from this program or have a mental illness that is not sufficiently
37severe to require the level of services required of this program.

38(f) Each county plan and annual update pursuant to Section
395847 shall consider ways to provide services similar to those
40established pursuant to the Mentally Ill Offender Crime Reduction
P4    1Grant Program. Funds shall not be used to pay for persons
2incarcerated in state prison or parolees from state prisons.

3(1) When included in county plans pursuant to Section 5847,
4funds may be used for the provision of mental health services under
5Sections 5347 and 5348 in counties that elect to participate in the
6Assisted Outpatient Treatment Demonstration Project Act of 2002
7(Article 9 (commencing with Section 5345) of Chapter 2 of Part
81).

9(2) When included in county plans pursuant to Section 5847,
10funds may be used for the provision ofbegin insert voluntaryend insert outpatient crisis
11stabilization services tobegin delete individuals who are voluntarily receiving
12those services, even when facilities colocate services toend delete
begin insert individuals,
13even whenend insert
individuals who are receivingbegin delete services involuntarilyend delete
14begin insert involuntary servicesend insert are treated at the same facility.begin insert This paragraph
15is not intended to require or authorize the displacement of
16employees covered under a collective bargaining agreement
17governed by the Meyers-Milias-Brown Act (Chapter 10
18(commencing with Section 3500) of Division 4 of Title 1 of the
19Government Code) who perform services described in this
20paragraph.end insert

21(g) The department shall contract for services with county
22mental health programs pursuant to Section 5897. After the
23effective date of this section, the term grants referred to in Sections
245814 and 5814.5 shall refer to such contracts.



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