BILL ANALYSIS                                                                                                                                                                                                    Ó



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         Date of Hearing:  June 21, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


         SB  
         1291 (Beall) - As Amended June 13, 2016


         SENATE VOTE:  39-0


         SUBJECT:  Medi-Cal:  specialty mental health:  children and youth.


         SUMMARY:  Requires each mental health plan (MHP) to submit a  
         foster care mental health service plan (foster care plan) to the  
         Department of Health Care Services (DHCS) detailing the service  
         array available to Medi-Cal eligible children and youth under the  
         jurisdiction of the juvenile court and their families; requires  
         annual reviews to be conducted by an external quality review  
         organization (EQRO); and, requires corrective action plans to be  
         prepared by the MHP, as specified.  Specifically, this bill: 


         1)Requires foster care plans to be consistent with the Special  
           Terms and Conditions outlined in the federal Centers for  
           Medicare and Medicaid Services (CMS) approved 1915(b) Medi-Cal  
           Specialty Mental Health Services Waiver (Waiver). 



         2)Requires foster care plans to be submitted by July 1 of each  
           year, beginning in 2017. Requires the board of supervisors of  
           each MHP, prior to submittal to DHCS, to approve the foster care  
           plans.  Foster care plans requirements include, but are not  







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           limited to, the following elements:

            a)   The number of Medi-Cal eligible children and youth under  
              the jurisdiction of the juvenile court served each year;

            b)   The number of family members, including foster parents, of  
              children and youth under the jurisdiction of the juvenile  
              court served by the county MHPs;

            c)   Details on the types of mental health services provided to  
              children and youth under the jurisdiction of the juvenile  
              court and their families, including prevention and treatment  
              services.  Allows the types of services to include, but not  
              limited to, screenings, assessments, home-based mental health  
              services, outpatient services, day treatment services, or  
              inpatient services, psychiatric hospitalizations, crisis  
              interventions, case management, and psychotropic medication  
              support services;

            d)   Access to and timeliness of mental health services  
              available to Medi-Cal eligible children and youth under the  
              jurisdiction of the juvenile court;

            e)   Quality of mental health services available to Medi-Cal  
              eligible children and youth under the jurisdiction of the  
              juvenile court;

            f)   Translation and interpretation services;

            g)   Coordination with other systems, including regional  
              centers, special education local plan areas, child welfare,  
              and probation;

            h)   Family and caregiver education and support;

            i)   Performance data for Medi-Cal eligible children and youth  
              under the jurisdiction of the juvenile court;

            j)   Utilization data for Medi-Cal eligible children and youth  
              under the jurisdiction of the juvenile court; and,







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            aa)  Medication monitoring consistent with the Healthcare  
              Effectiveness Data and Information Set (HEDIS), including,  
              but not limited to, the child welfare psychotropic medication  
              measures developed by the State Department of Social Services  
              and HEDIS measures related to psychotropic medications, as  
              specified.





         3)Requires DHCS to post each foster care plan on its Internet  
           Website.



         4)Requires a MHP review to be conducted annually by an EQRO.   
           Specifies review requirements including specific data for  
           Medi-Cal eligible children and youth under the jurisdiction of  
           the juvenile court and their families.



         5)Requires DHCS to review the EQRO data for Medi-Cal eligible  
           children and youth under the jurisdiction of the juvenile court  
           and their families.



         6)Requires DHCS to notify the MHP in writing of any identified  
           deficiencies found by the EQRO that would impact a MHP's ability  
           to serve Medi-Cal eligible children and youth under the  
           jurisdiction of the juvenile court.



         7)Requires the MHP to provide a written corrective action plan to  
           DHCS within 60 days of receiving the notice required pursuant to  
           6) above.  Requires DHCS to notify the MHP of approval of the  







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           corrective action plan or to request changes, if necessary,  
           within 30 days after receipt of the corrective action plan.   
           Requires a final corrective action plan to be made publicly  
           available by, at minimum, posting on the DHCS's Internet Web  
           site.



         EXISTING LAW:  


         1)Establishes the Medi-Cal program, which is administered by the  
           DHCS, under which qualified low-income individuals receive  
           health care services.  Establishes a schedule of benefits for  
           Medi-Cal eligible children through the Early and Periodic  
           Screening, Diagnostic and Treatment (EPSDT) program for any  
           individual under 21 years of age, consistent with federal  
           Medicaid requirements. 

         2)Requires DHCS to implement managed mental health care for  
           Medi-Cal beneficiaries through contracts with MHPs.  Allows MHPs  
           to include individual counties, counties acting jointly, or an  
           organization or nongovernmental entity determined by DHCS to  
           meet mental health plan standards. Allows a contract to be  
           exclusive and to be awarded on a geographic basis.

         3)Requires MHPs to provide specialty mental health services to  
           eligible Medi-Cal beneficiaries, including both adults and  
           children.  Includes EPSDT within the scope of specialty mental  
           health services for eligible Medi-Cal beneficiaries under the  
           age of 21 pursuant to federal Medicaid law.

         4)Requires DHCS to be responsible for conducting investigations  
           and audits of claims and reimbursements for expenditures for  
           specialty mental health services provided by MHPs to Medi-Cal  
           eligible individuals.

         5)Requires DHCS to provide oversight to the MHPs to ensure  
           quality, access, cost efficiency, and compliance with data and  
           reporting requirements.  Requires DHCS, at a minimum, through a  







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           method independent of any agency of the MHP contractor, to  
           monitor the level and quality of services provided, expenditures  
           pursuant to the contract, and conformity with federal and state  
           law.

         6)Permits, upon the request of the Director of DHCS, the Director  
           of the Department of Managed Health Care (DMHC) to exempt a MHP  
           from the Knox-Keene Health Care Service Plan Act of 1975  
           (Knox-Keene).  Permits these exemptions to be subject to  
           conditions the Director of DMHC deems appropriate.  Requires the  
           DHCS Director, in consultation with the DMHC Director, to  
           analyze the appropriateness of licensure or application of  
           applicable standards of the Knox-Keene Act.

         FISCAL EFFECT:  According to the Senate Appropriations Committee:





         1)Ongoing costs likely in the hundreds of thousands per year for  
           DHCS to review county plans, EQRO reports, and take necessary  
           enforcement actions (General Fund (GF)/federal funds (FF)).



         2)Ongoing costs of about $450,000 per year for additional items to  
           be reviewed by the EQRO (GF/FF).



         3)Likely administrative costs in the low millions for county MHPs  
           to develop the required foster youth mental health service plans  
           (GF/FF).  Much of the information required for the plans is  
           already possessed by county MHPs.  However, there are likely to  
           be administrative costs to compile that information and develop  
           the required plans.  Under the State Constitution, the state  
           would be responsible for reimbursing counties for any additional  
           administrative costs incurred due to this bill.








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         4)Unknown impact on the costs for counties to provide additional  
           specialty mental health services (local funds or GF/FF).  By  
           increasing the scrutiny on the provision of services to Medi-Cal  
           beneficiaries by county MHPs, this bill may bring to light  
           shortcomings in the provision of those services (such as delays  
           in access to services or provider shortages). 



         COMMENTS:


         1)PURPOSE OF THIS BILL.  According to the author, after  
           legislation passed last year to stop the over-prescription of  
           psychotropic drugs to control foster youth with behavioral  
           problems, there were lingering questions about the  
           responsiveness and efficient delivery of mental health services.  
            To get answers and increase accountability, this bill proposes  
           to consolidate data from existing sources into one plan under  
           the oversight of the appropriate regulatory agency.   
           Specifically, it requires county MHPs to report out this data  
           for children in the dependency and juvenile systems in a  
           standardized format.  Additionally, it increases accountability  
           and transparency by requiring an external review of the data and  
           for the results to be made public.


         2)BACKGROUND.  


            a)   The Waiver and County MHPs.  Specialty Medi-Cal mental  
              health services are provided under the terms of a federal  
              waiver program.  The Waiver established a managed care  
              program for specialty mental health services separate from  
              the overall Medi-Cal program.  Medi-Cal beneficiaries must  
              receive specialty mental health services through  
              county-operated MHPs.  County MHPs provide services directly  
              or through contracts in the local community using a  







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              combination of county funds, realignment revenues, and Mental  
              Health Services Act funds.  Counties pay for services  
              locally, incurring Certified Public Expenditures, which the  
              state then uses as the state match to claim federal financial  
              participation and the state, in turn, returns the federal  
              funds to the county MHPs.  The Waiver has been in place since  
              the mid-1990s and was approved for a new five-year term, from  
              July 1, 2015, through June 30, 2020.  DHCS has reported data  
              on the number of children and youth eligible to receive  
              Medi-Cal services in 2013-14 as slightly over 6 million.  Of  
              these 6 million children, 262,318 or 4.4%, received specialty  
              mental health services.  The number of children and youth  
              with five or more specialty mental health visits was 201,192  
              or 3.3%.  The average per beneficiary expenditure for  
              approved services in 2013-14 was $6,092.

            b)   ESPDT.  EPSDT is a Medi-Cal benefit for individuals under  
              the age of 21 who have full-scope Medi-Cal eligibility.  This  
              benefit allows for periodic screenings to determine health  
              care needs and based upon the identified health care need and  
              diagnosis, treatment services are provided.  EPSDT services  
              include all services otherwise covered by Medi-Cal and EPSDT  
              beneficiaries can receive additional medically necessary  
              services. EPSDT mental health services are Medi-Cal services  
              that correct or improve mental health problems that have been  
              determined by a physician, psychologist, counselor, social  
              worker, or other health or social services provider.  EPSDT  
              provides eligible children access to a range of mental health  
              services that include, but are not limited to:
           


                i)       Mental health assessment;
                ii)      Collateral contracts;


                iii)     Therapy; 


                iv)      Rehabilitation;







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                v)       Mental health services; 


                vi)      Medication support services; 


                vii)     Day rehabilitation; day treatment intensive; 


                viii)    Crisis intervention/stabilization;


                ix)      Targeted case management; and,


                x)       Therapeutic behavioral services. 





            c)   EQRO.  Federal Medicaid regulations require states to  
              contract with an EQRO to perform external quality review  
              activities.  The EQRO must have staff with demonstrated  
              experience and knowledge of:  a) Medicaid beneficiaries,  
              policies, data systems, and processes; b) managed care  
              delivery systems, organizations, and financing; c) quality  
              assessment and improvement methods; and, d) research design  
              and methodology, including statistical analysis.  The EQRO  
              and its subcontractors are independent from the state  
              Medicaid agency and the health plans that they review.   
              States must ensure that the EQRO produces at least the  
              following information: 



              i)     A detailed technical report that describes the manner  
                in which the data from all activities conducted were  







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                aggregated and analyzed and conclusions were drawn as to  
                the quality, timeliness, and access to the care furnished  
                by the plan; 
              ii)    An assessment of each plan's strengths and weaknesses  
                with respect to the quality, timeliness, and access to  
                health care services furnished to Medicaid beneficiaries; 
              iii)   Recommendations for improving the quality of health  
                care services furnished by each plan;
              iv)    As the state determines methodologically appropriate,  
                comparative information about all plans; and,
              v)     An assessment of the degree to which each health plan  
                has addressed effectively the recommendations for quality  
                improvement made by the EQRO during the previous year's  
                EQRO. 

              Funding for EQROs is 75% FF/25% GF.  California contracts  
              with two EQROs, one for its Medi-Cal managed care plans and a  
              second for its review of specialty MHPs.  The State conducted  
              a procurement process to assure an ongoing external quality  
              review process is in place.  The EQRO contract with  
              Behavioral Health Concepts for review of specialty MHPs was  
              secured by the state for fiscal year (FY) 2014-15 through FY  
              2016-17 with an option to extend the contract for two  
              additional one year extension periods.  The MHP contract  
              specifies the standards for the MHP's quality management and  
              quality improvement programs which includes conducting at  
              least two Performance Improvement Projects (PIPs), one  
              clinical and one non-clinical that meet the validation  
              standards applied by the EQRO contractor.  The validation  
              standards are: 



              i)     Monitoring the service delivery capacity of the MHP; 
              ii)    Monitoring the accessibility of services; 


              iii)   Monitoring beneficiary satisfaction; 









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              iv)    Monitoring the MHP's service delivery system and  
                meaningful clinical issues affecting beneficiaries,  
                including safety and effectiveness of medication practices;  
                and,


              v)     Monitoring continuity and coordination of care with  
                physical health care providers and other human services  
                agencies.



              Data gathered from the PIPs will be available to assist MHPs  
              to continue to make program enhancements to improve the  
              coordination, quality, effectiveness, and/or efficiency of  
              service delivery to children who are receiving EPSDT  
              services.  Currently, there are ongoing discussions between  
              DHCS and the EQRO regarding the possible development of a  
              statewide PIP related to timeliness of and access to  
              services, although timeliness and access may instead be  
              validated through Performance Measures.


            d)   DHCS Performance Outcome System.  The performance outcome  
              system for EPSDT mental health services is intended to  
              improve outcomes at the individual, program, and system  
              levels and inform fiscal decision-making related to the  
              purchase of services, and is part of the reporting effort for  
              the implementation of a performance outcome system for  
              Medi-Cal specialty mental health services for children and  
              youth.  Since 2012, DHCS has worked with several groups to  
              create a structure for reporting, develop the Performance  
              Measurement Paradigm, and develop indicators and measures.   
              The performance outcome system will be used to evaluate the  
              domains of access, engagement, service appropriateness to  
              need, service effectiveness, linkages, cost effectiveness and  
              satisfaction.  Three reports will be provided:  statewide  
              aggregate data; population-based county groups; and,  
              county-specific data.  Initial reports were released in 2015.








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         3)SUPPORT.  The National Center for Youth Law, sponsor of the  
           bill, states that a vast majority of California's children and  
           youth in foster care do not receive safe, quality mental health  
           services during their time in care despite a well-documented  
           need.  Guidelines establish that the decision to treat children  
           with psychotropic medications cannot be taken lightly, the  
           benefits must outweigh the risks, and other treatments must have  
           been tried prior to their use.  Unfortunately, it is common for  
           foster children to be quickly referred for medication without  
           other supports that will help address their underlying mental  
           and behavioral needs.  This bill requires county MHPs to create  
           a subsection for foster youth and an annual foster care MHP  
           detailing the service array - from prevention to crisis services  
           - available to these children and youth. 


         4)CONCERNS.  The County Behavioral Health Directors Association  
           (CBHDA) states that this bill would duplicate existing county  
           reporting requirements.  CBHDA argues California's EQRO conducts  
           reviews of county Medi-Cal Specialty Mental Health Services  
           annually. These reviews are conducted in accordance with  
           Medi-Cal regulations and address, in detail, quality, outcomes,  
           timeliness of services, and access to services provided by  
           Mental Health Plans.  CBHDA states the reporting requirements  
           established in this bill will create substantial county  
           workload, and this duplicative demand on county staffing would  
           result in a net loss of available resources to serve youth. 


         5)RELATED LEGISLATION.  


            a)   SB 884 (Beall) requires LEAs and special education local  
              plan areas to collect and report specific information  
              relative to mental health services, requires CDE to monitor  
              and compare specific information relative to mental health  
              services, and requires local education agencies (LEAs) to  
              provide specified informational materials to parents.  AB 884  
              is pending in the Assembly Education Committee.








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            b)   SB 1113 (Beall) permits LEAs and county MHPs to enter into  
              partnerships for the provision of EPSDT mental health  
              services, as specified.  SB 1113 is pending in the Assembly  
              Health Committee.


            c)   SB 1466 (Mitchell) requires that screening services  
              provided under the EPSDT program include screening for trauma  
              and establishes that eligible Medi-Cal children who are found  
              to have experienced trauma and have been abused, neglected,  
              or removed from the home to be referred to county MHPs for  
              assessment for specialty mental health services, as  
              specified. This bill is pending in the Assembly Human  
              Services Committee.


            d)   AB 1644 (Bonta) renames the School-based Early Mental  
              Health Intervention and Prevention Services for Children Act  
              of 1991, known as the Early Mental Health Initiative, as the  
              Healing from Early Adversity to Level the Impact of Trauma in  
              Schools Act and requires the Department of Public Health to  
              administer the new program, as specified.  AB 1644 is pending  
              in the Senate Education Committee.


            e)   AB 1025 (Thurmond) of 2015 would have required CDE to  
              establish a three year pilot program to encourage inclusive  
              practices that integrate mental health, special education,  
              and school climate interventions following a multitiered  
              framework.  AB 1025 was held in the Senate Appropriations  
              Committee.


         5)PREVIOUS LEGISLATION.  AB 114 (Committee on Budget), Chapter 43,  
           Statutes of 2011, a companion bill to the 2011-12 Budget Bill,  
           relieved county mental health departments of the responsibility  
           to provide mental health services to students with disabilities  
           and transferred that responsibility to school districts.
         6)DOUBLE REFERRAL. Upon passage in this Committee, this bill will  







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           be referred to the Assembly Committee on Human Services.


         7)POLICY COMMENT.  CBHDA notes with concern that the EQRO process  
           is duplicative. As discussed above, an EQRO process exists  
           specifically for the Waiver.  This bill requires that the EQRO  
           specifically examine the foster care plan established under this  
           bill, however it is unclear why this would not already be  
           included in the EQRO review of MHPs in their entirety.  The  
           Committee may wish to consider if the EQRO requirement in this  
           bill is necessary.


         8)SUGGESTED AMENDMENTS.  The Committee may wish to consider a  
           technical amendment clarifying that the MHPs discussed in the  
           bill are county MHPs.


         REGISTERED SUPPORT / OPPOSITION:




         Support


         National Center for Youth Law (sponsor)


         American Association for Marriage and Family Therapy


         Bay Area Youth Center


         California Association of Marriage and Family Therapists
                                                                

         California Court Appointed Special Advocates








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         California Council of Community Behavioral Health Agencies


         California Youth Connection


         California Youth Empowerment Network


         Center for the Study of Social Policy


         Children's Advocacy Institute


         Children's Defense Fund


         Children Now


         Children's Partnership


         Consumer Watchdog


         County of Contra Costa


         Family Voices of California


         First Focus Campaign for Children


         Hillsides









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         John Burton Foundation for Children without Homes


         Mental Health America of California


         National Association of Social Workers


         Pacific Juvenile Defender Center


         Peers Envisioning and Engaging in Recovery Services


         Planned Parenthood Mar Monte


         San Luis Obispo County Department of Social Services


         Therapists for Peace & Justice 


         The Jamestown Community Center


         Woodland Community College Foster and Kinship Care Education




         Opposition


         None on file.











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         Analysis Prepared by:Paula Villescaz / HEALTH / (916)  
         319-2097