BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1273|
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                                   THIRD READING 


          Bill No:  SB 1273
          Author:   Moorlach (R) 
          Amended:  4/19/16  
          Vote:     21 

           SENATE HEALTH COMMITTEE:  8-0, 4/13/16
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Nielsen, Pan, Roth,  
            Wolk
           NO VOTE RECORDED:  Monning

           SUBJECT:   Crisis stabilization units:  funding


          SOURCE:    Author


          DIGEST:  This bill allows a county to use its Mental Health  
          Services Fund moneys for outpatient crisis stabilization  
          services to individuals who are voluntarily receiving those  
          services, even when facilities co-locate services to individuals  
          who are involuntarily receiving services.  
          
          ANALYSIS: 

          Existing law:

          1)Establishes the Mental Health Services Act (MHSA), enacted by  
            voters in 2004 as Proposition 63, which provides funds to  
            counties to expand services and develop innovative programs  
            and integrated service plans for mentally ill children,  
            adults, and seniors through a one percent income tax on  
            personal income above $1 million.
             
          2)Requires each county mental health program to prepare and  
            submit a three-year program and expenditure plan, with annual  








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            updates, adopted by the county board of supervisors, to the  
            Mental Health Services Oversight and Accountability Commission  
            within 30 days after adoption. Requires the plan to include,  
            among other things, programs for services to adults and  
            seniors.
          
          This bill allows a county to use its Mental Health Services Fund  
          moneys for outpatient crisis stabilization services to  
          individuals who are voluntarily receiving those services, even  
          when facilities co-locate services to individuals who are  
          involuntarily receiving services.  

          Comments


          1)Author's statement. According to the author, California is  
            facing a mental health crisis, as there is not enough  
            infrastructure dedicated for the rapid assessment and  
            stabilization of individuals in psychiatric crisis. As a  
            result, individuals in mental health crisis are often  
            transported to local emergency rooms (ERs) that are high  
            stress, chaotic environments designed for split-second  
            lifesaving decision-making, rather than thoughtful therapeutic  
            treatment. Patients are often boarded in the ERs against their  
            will while waiting for assessment or transfer to a psychiatric  
            bed. The boarding of psychiatric patients in the ERs also  
            results in lost access to beds for patients with medical  
            emergencies. When ERs are full, ambulances are diverted and  
            patients leave the waiting rooms without being seen by a  
            physician. Because law enforcement officers are often the  
            first responders, the hours spent in the ER represents  
            out-of-service time from the field. These issues are  
            significant public health and safety issues in California.  
            This bill clarifies that counties can direct local MHSA funds  
            to outpatient crisis stabilization services. Additional  
            outpatient resources will support rapid patient stabilization  
            while preserving ER access for medical emergencies and  
            minimizing out-of-service time for law enforcement.

          2)MHSA. The MHSA provides funding for programs within five  
            components:









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             a)   Community Services and Supports (CSS) - provides direct  
               mental health services to the severely and seriously  
               mentally ill, such as mental health treatment, cost of  
               health care treatment, and housing supports. CSS requires  
               counties to direct the majority of its funds to  
               full-service partnerships, which are county-coordinated  
               plans, in collaboration with the client and the family to  
               provide the full spectrum of community services and utilize  
               a "whatever it takes" approach to providing services. Such  
               services include peer support and crisis intervention  
               services, and non-mental health services and supports, such  
               as food, clothing, housing, and the cost of medical  
               treatment;





             b)   Prevention and Early Intervention - provides services to  
               mental health clients in order to help prevent mental  
               illness from becoming severe and disabling;


             c)   Innovation - provides services and approaches that are  
               creative, in an effort to address mental health clients'  
               persistent issues, such as improving services for  
               underserved or unserved populations within the community;





             d)   Capital Facilities and Technological Needs - creates  
               additional county infrastructure, such as additional  
               clinics and facilities, and/or development of a  
               technological infrastructure for the mental health system,  
               such as electronic health records for mental health  
               services; and,












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             e)   Workforce Education and Training - provides training for  
               existing county mental health employees, outreach and  
               recruitment to increase employment in the mental health  
               system, and financial incentives to recruit or retain  
               employees within the public mental health system.

          3)Crisis stabilization. "Crisis stabilization (CS)" is defined  
            in Title 9, California Code of Regulations (CCR), Division 1,  
            Chapter 11, Section 1810.210 as a service lasting less than 24  
            hours, to or on behalf of a beneficiary for a condition that  
            requires more timely response than a regularly scheduled  
            visit. Service activities include, but are not limited to, one  
            or more of the following: assessment, collateral, and therapy.  
            Services are required to be provided on-site at a licensed  
            24-hour health care facility or hospital-based outpatient  
            program or a provider site certified by the Department of  
            Health Care Services or a Mental Health Plan. All  
            beneficiaries receiving CS are required to receive an  
            assessment of their physical and mental health. Physicians are  
            required to be on-call at all times for the provision of CS  
            services that only a physician can provide. At a minimum, CS  
            staffing requirements include one registered nurse,  
            psychiatric technician, or licensed vocational nurse on-site  
            at all times beneficiaries are present. A ratio of one  
            licensed mental health or waivered/registered professional  
            on-site for each four beneficiaries or other patients  
            receiving CS at any given time is required. If CS services are  
            co-located with other specialty mental health services,  
            persons providing CS must be separate and distinct from  
            persons providing other services. 
                  
          4)Letter of concern. The Citizens Commission of Human Rights  
            (CCHR) has concerns about the use of MHSA money to fund mental  
            health programs, and believes those services should be funded  
            from existing county and state revenue sources. CCHR believes  
            that the state would be better served if MHSA funds were used  
            instead to fund alternate, non-drug-based and voluntary  
            services to help the mentally ill.
                       
          5)Policy question. Background information provided by the  
            author's office states that Orange County is unclear about  








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            whether MHSA funds may be used for the services contained in  
            this bill and has issued a legal opinion that MHSA funds are  
            restricted from being used for crisis stabilization services.  
            However, MHSA CSS regulations (Title 9, CCR, Division 1,  
            Chapter 14, Section 3630) allow for MHSA funds to be used for  
            crisis intervention and CS. Upon further investigation by  
            Senate Health Committee staff, the issue some counties face,  
            including Orange, is uncertainty about whether MHSA funds can  
            be used for CS services for an individual who is receiving the  
            services voluntarily when the facility co-locates services for  
            individuals who are receiving services involuntarily. CS  
            regulations make reference to services that are co-located,  
            and require separation and distinction of services that are  
            co-located. Additionally, there is no indication that the  
            Department of Health Care Services has a policy barring the  
            co-location of services. Given this, it is unclear if this  
            bill is needed.   

          Related/Prior Legislation


          AB 2017 (McCarty, 2016) establishes the College Mental Health  
          Services Trust Account, and appropriates an unspecified amount  
          annually to that account from the Mental Health Services Fund to  
          create a grant program for public community colleges, colleges,  
          and universities to improve access to mental health services on  
          campus. Requires campuses that have been awarded grants annually  
          to report on the use of grant funds.  AB 2017 is currently in  
          the Assembly Appropriations Committee.

          SB 585 (Steinberg, Chapter 288, Statutes of 2013) allows  
          counties, when included in their plans, to use Mental Health  
          Services Fund monies for Assisted Outpatient Treatment, known as  
          "Laura's Law," if a county elects to participate in and  
          implement Laura's Law.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No            


          SUPPORT:   (Verified4/20/16)








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          California Chapter of the American College of Emergency  
          Physicians 
          California Psychiatric Association
          California State Sheriffs' Association
          Orange County Board of Supervisors
          Orange County Sheriff-Coroner Sandra Hutchens
          St. Joseph Hoag Health
          St. Joseph Hospital in Orange
          St. Jude Medical Center in Fullerton
          Tenet Health
          One individual


          OPPOSITION:   (Verified4/20/16)


          None received  


           ARGUMENTS IN SUPPORT:     Supporters argue that there are  
          currently a limited number of tools available for first  
          responders and practitioners to address mental illness  
          encountered in the community, and that there is a glaring lack  
          of treatment and placement options for those with mental  
          illness. Supporters state that this bill will provide greater  
          flexibility and provide a better system of care for the mentally  
          ill and the health care system, as well as improve access to  
          mental health services through the expansion of available CS  
          services. The California Psychiatric Association (CPA) states  
          that the MHSA does not clearly indicate that funds may be used  
          for the purposes contained in this bill, which it also does not  
          clearly indicate that the purposes are unauthorized; CPA  
          believes clarification is necessary.
            


          Prepared by:Reyes Diaz / HEALTH /
          4/20/16 16:34:48










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