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