Amended in Senate June 17, 2014

Amended in Assembly May 20, 2014

Amended in Assembly May 5, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2679

Introduced by Assembly Members Logue and Nestande

(Coauthors: Assembly Members Hagman and Wilk)

(Coauthor: Senator Vidak)

February 21, 2014

An act to amend Sections begin delete 5613 and 5772 end delete begin insert 5613, 5772, and 5847 end insert of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2679, as amended, Logue. County mental health services: baseline reports.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law, the Bronzan-McCorquodale Act, sets out a system of community mental health care services provided by counties and administered by the State Department of Health Care Services. The act requires the Director of Health Care Services to establish a Performance Outcome Committee, as specified, and requires the committee to develop measures of performance for evaluating client outcomes and cost effectiveness of mental health services provided by counties, as specified. The act requires counties to annually report data on these performance measures to local mental health advisory boards and to the director. The act requires the director to annually make this county performance data available to the Legislature, as specified.

This bill would additionally require the director to annually post the county performance data described above on the department’s Internet Web site.

The act also establishes the California Mental Health Planning Council, which purpose is to fulfill certain mental health planning requirements mandated by federal law. The act also requires the council, among other things, to review program performance in delivering mental health services based on specified data and reports, and to report findings and recommendations on programs’ performance annually to the Legislature, the department, and the local boards.

This bill would require the council to post these findings and recommendations annually on the council’s Internet Web site.

begin insert

(2) 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, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the Mental Health Services Act. The act provides that it may be amended by the Legislature by a 2⁄3 vote of each house as long as the amendment is consistent with and furthers the intent of the act, and that the Legislature may also clarify procedures and terms of the act by majority vote.

end insert begin insert

Existing law authorizes the commission to obtain data and information from certain state and local entities to utilize in its oversight, review, training and technical assistance, accountability, and evaluation regarding projects and programs supported by the act, as specified. Existing law requires each county mental health program to prepare and submit a 3-year program and expenditure plan, and annual updates, to the commission that includes specified components, including, among other things, a program for services to adults and seniors, as specified.

end insert begin insert

This bill would require the 3-year plan to include information requested by the commission pursuant to the provisions described above to assist the commission in its oversight of the county’s program for services to adults and seniors, as specified.

end insert begin insert

This bill would declare that it clarifies procedures and terms of the Mental Health Services Act.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

It is the intent of the Legislature to establish a
baseline report that shall inform public officials and stakeholders
of each county’s accessible mental illness treatments and supports,
identified unmet needs, and the status of system integration and
collaboration. This baseline report shall inform future investments
in spending and programs of county mental health plans for
cost-efficient and effective integration of all mental health funding
streams.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 5613 of the Welfare and Institutions Code
is amended to read:

5613.  

(a) Counties shall annually report data on performance
measures established pursuant to Section 5612 to the local mental
health advisory board and to the Director of Health Care Services.

(b) The Director of Health Care Services shall annually make
data on county performance available to the Legislature, and post
that data on the department’s Internet Web site, by no later than
March 15 of each year.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 5772 of the Welfare and Institutions Code is
amended to read:

5772.  

The California Mental Health Planning Council shall
have the powers and authority necessary to carry out the duties
imposed upon it by this chapter, including, but not limited to, the
following:

(a) To advocate for effective, quality mental health programs.

(b) To review, assess, and make recommendations regarding
all components of California’s mental health system, and to report
as necessary to the Legislature, the State Department of Health
Care Services, local boards, and local programs.

(c) To review program performance in delivering mental health
services by annually reviewing performance outcome data as
follows:

(1) To review and approve the performance outcome measures.

(2) To review the performance of mental health programs based
on performance outcome data and other reports from the State
Department of Health Care Services and other sources.

(3) To report findings and recommendations on the performance
of programs annually to the Legislature, the State Department of
Health Care Services, and the local boards, and to post those
findings and recommendations annually on its Internet Web site.

(4) To identify successful programs for recommendation and
for consideration of replication in other areas. As data and
technology are available, identify programs experiencing
difficulties.

(d) When appropriate, make a finding pursuant to Section 5655
that a county’s performance is failing in a substantive manner. The
State Department of Health Care Services shall investigate and
review the finding, and report the action taken to the Legislature.

(e) To advise the Legislature, the State Department of Health
Care Services, and county boards on mental health issues and the
policies and priorities that this state should be pursuing in
developing its mental health system.

(f) To periodically review the state’s data systems and
paperwork requirements to ensure that they are reasonable and in
compliance with state and federal law.

(g) To make recommendations to the State Department of Health
Care Services on the award of grants to county programs to reward
and stimulate innovation in providing mental health services.

(h) To conduct public hearings on the state mental health plan,
the Substance Abuse and Mental Health Services Administration
block grant, and other topics, as needed.

(i) In conjunction with other statewide and local mental health
organizations, assist in the coordination of training and information
to local mental health boards as needed to ensure that they can
effectively carry out their duties.

(j) To advise the Director of Health Care Services on the
development of the state mental health plan and the system of
priorities contained in that plan.

(k) To assess periodically the effect of realignment of mental
health services and any other important changes in the state’s
mental health system, and to report its findings to the Legislature,
the State Department of Health Care Services, local programs, and
local boards, as appropriate.

(l) To suggest rules, regulations, and standards for the
administration of this division.

(m) When requested, to mediate disputes between counties and
the state arising under this part.

(n) To employ administrative, technical, and other personnel
necessary for the performance of its powers and duties, subject to
the approval of the Department of Finance.

(o) To accept any federal fund granted, by act of Congress or
by executive order, for purposes within the purview of the
California Mental Health Planning Council, subject to the approval
of the Department of Finance.

(p) To accept any gift, donation, bequest, or grants of funds
from private and public agencies for all or any of the purposes
within the purview of the California Mental Health Planning
Council, subject to the approval of the Department of Finance.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5847 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5847.  

Integrated Plans for Prevention, Innovation, and System
of Care Services.

(a) Each county mental health program shall prepare and submit
a three-year program and expenditure plan, and annual updates,
adopted by the county board of supervisors, to the Mental Health
Services Oversight and Accountability Commission within 30 days
after adoption.

(b) The three-year program and expenditure plan shall be based
on available unspent funds and estimated revenue allocations
provided by the state and in accordance with established
stakeholder engagement and planning requirements as required in
Section 5848. The three-year program and expenditure plan and
annual updates shall include all of the following:

(1) A program for prevention and early intervention in
accordance with Part 3.6 (commencing with Section 5840).

(2) A program for services to children in accordance with Part
4 (commencing with Section 5850), to include a program pursuant
to Chapter 4 (commencing with Section 18250) of Part 6 of
Division 9 or provide substantial evidence that it is not feasible to
establish a wraparound program in that county.

(3) A program for services to adults and seniors in accordance
with Part 3 (commencing with Section 5800).

(4) A program for innovations in accordance with Part 3.2
(commencing with Section 5830).

(5) A program for technological needs and capital facilities
needed to provide services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part
4 (commencing with Section 5850). All plans for proposed facilities
with restrictive settings shall demonstrate that the needs of the
people to be served cannot be met in a less restrictive or more
integrated setting.

(6) Identification of shortages in personnel to provide services
pursuant to the above programs and the additional assistance
needed from the education and training programs established
pursuant to Part 3.1 (commencing with Section 5820).

(7) Establishment and maintenance of a prudent reserve to
ensure the county program will continue to be able to serve
children, adults, and seniors that it is currently serving pursuant
to Part 3 (commencing with Section 5800), the Adult and Older
Adult Mental Health System of Care Act, Part 3.6 (commencing
with Section 5840), Prevention and Early Intervention Programs,
and Part 4 (commencing with Section 5850), the Children’s Mental
Health Services Act, during years in which revenues for the Mental
Health Services Fund are below recent averages adjusted by
changes in the state population and the California Consumer Price
Index.

(8) Certification by the county mental health director, which
ensures that the county has complied with all pertinent regulations,
laws, and statutes of the Mental Health Services Act, including
stakeholder participation and nonsupplantation requirements.

(9) Certification by the county mental health director and by
the county auditor-controller that the county has complied with
any fiscal accountability requirements as directed by the State
Department of Health Care Services, and that all expenditures are
consistent with the requirements of the Mental Health Services
Act.

begin insert

(10) Information requested by the commission pursuant to
paragraph (6) of subdivision (d) of Section 5845 to assist the
commission in its oversight of the program described in paragraph
(3) of this subdivision. This information may include, but is not
limited to, estimates of the number of additional people who meet
the criteria for services pursuant to Part 3 (commencing with
Section 5800) and are not receiving services that meet the criteria
for that part. These estimates shall be based on existing available
data and not include duplicative reporting requirements.

end insert

(c) The programs established pursuant to paragraphs (2) and
(3) of subdivision (b) shall include services to address the needs
of transition age youth ages 16 to 25. In implementing this
subdivision, county mental health programs shall consider the
needs of transition age foster youth.

(d) Each year, the State Department of Health Care Services
shall inform the California Mental Health Directors Association
and the Mental Health Services Oversight and Accountability
Commission of the methodology used for revenue allocation to
the counties.

(e) Each county mental health program shall prepare expenditure
plans pursuant to Part 3 (commencing with Section 5800) for adults
and seniors, Part 3.2 (commencing with Section 5830) for
innovative programs, Part 3.6 (commencing with Section 5840)
for prevention and early intervention programs, and Part 4
(commencing with Section 5850) for services for children, and
updates to the plans developed pursuant to this section. Each
expenditure update shall indicate the number of children, adults,
and seniors to be served pursuant to Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850), and
the cost per person. The expenditure update shall include utilization
of unspent funds allocated in the previous year and the proposed
expenditure for the same purpose.

(f) A county mental health program shall include an allocation
of funds from a reserve established pursuant to paragraph (7) of
subdivision (b) for services pursuant to paragraphs (2) and (3) of
subdivision (b) in years in which the allocation of funds for services
pursuant to subdivision (e) are not adequate to continue to serve
the same number of individuals as the county had been serving in
the previous fiscal year.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert The Legislature finds and declares that this act clarifies
procedures and terms of the Mental Health Services Act within
the meaning of Section 18 of the Mental Health Services Act. end insert