BILL ANALYSIS Ó SB 1291 Page 1 SENATE THIRD READING SB 1291 (Beall) As Amended August 15, 2016 Majority vote SENATE VOTE: 39-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Health |17-0 |Wood, Maienschein, | | | | |Bonilla, Burke, | | | | |Campos, Chiu, Gomez, | | | | |Roger Hernández, | | | | |Lackey, Nazarian, | | | | |Patterson, | | | | | | | | | | | | | | |Ridley-Thomas, | | | | |Rodriguez, Santiago, | | | | |Steinorth, Thurmond, | | | | |Waldron | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | SB 1291 Page 2 | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood, | | | | |McCarty | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires, beginning July 1, 2018, mental health plan (MHP) reviews conducted by an external quality review organization (EQRO), pursuant to federal regulations, to include specific data for Medi-Cal eligible minor and minor dependents in foster care, as specified. Specifically, this bill: 1)Requires MHP reviews to include the following information: a) The number of Medi-Cal eligible minor and nonminor dependents in foster care; b) Details on the types of mental health services provided to minor and nonminor dependents in foster care 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; c) Access to and timeliness of mental health services available to Medi-Cal eligible minor and nonminor SB 1291 Page 3 dependents in foster care; d) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care; e) Translation and interpretation services; f) Coordination with other systems, including regional centers, special education local plan areas, child welfare, and probation; g) Family and caregiver education and support; h) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care; i) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care; and, j) 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. 2)Requires the Department of Health Care Services (DHCS) to review the EQRO data and post the data, disaggregated by Medi-Cal minor and nonminor dependents in foster care, on its Internet Web site. SB 1291 Page 4 3)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 minor and nonminor dependents in foster care. 4)Requires the MHP to provide a written corrective action plan to DHCS within 60 days of receiving the notice required pursuant to 3) above. Requires DHCS to notify the MHP of approval of the 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. 5)Requires DHCS to annually share performance outcome system data, as specified, with county boards of supervisors for the purpose of informing mental health service plans. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Ongoing costs in the range of $200,000 per year for DHCS to oversee EQRO findings and corrective action plans (50% General Fund (GF)/50% federal funds (FF)). 2)Ongoing costs of about $450,000 per year for additional items to be reviewed by the external quality review organization (50% GF/50% FF). 3)Unknown potential cost pressure on counties to provide additional or enhanced specialty mental health services (local/FF). SB 1291 Page 5 COMMENTS: 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. 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: 1) Medicaid beneficiaries, policies, data systems, and processes; 2) managed care delivery systems, organizations, and financing; 3) quality assessment and improvement methods; and, 4) 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. 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 SB 1291 Page 6 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. 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 Early and Periodic Screening, Diagnostic and Treatment program 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. 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. 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, SB 1291 Page 7 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. Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 FN: 0004127