AB 2679, as amended, Logue. County mental health services: baseline reports.
(1) Existing
end deletebegin insertExistingend 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.
(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 deleteExisting 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 deleteThis 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 deleteThis bill would declare that it clarifies procedures and terms of the Mental Health Services Act.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5613 of the Welfare and Institutions Code
2 is amended to read:
(a) Counties shall annually report data on performance
4measures established pursuant to Section 5612 to the local mental
5health advisory board and to the Director of Health Care Services.
6(b) The Director of Health Care Services shall annually make
7data on county performance available to the Legislature, and post
8that data on the department’s Internet Web site, by no later than
9March 15 of each year.
Section 5772 of the Welfare and Institutions Code is
11amended to read:
The California Mental Health Planning Council shall
13have the powers and authority necessary to carry out the duties
14imposed upon it by this chapter, including, but not limited to, the
15following:
16(a) To advocate for effective, quality mental health programs.
17(b) To review, assess, and make recommendations regarding
18all components of California’s mental health system, and to report
19as necessary to the Legislature, the State Department of Health
20Care Services, local boards, and local programs.
21(c) To review program performance in delivering mental health
22services by annually reviewing
performance outcome data as
23follows:
24(1) To review and approve the performance outcome measures.
25(2) To review the performance of mental health programs based
26on performance outcome data and other reports from the State
27Department of Health Care Services and other sources.
28(3) To report findings and recommendations on the performance
29of programs annually to the Legislature, the State Department of
30Health Care Services, and the local boards, and to post those
31findings and recommendations annually on its Internet Web site.
32(4) To identify successful programs for recommendation and
33for consideration of replication in other areas. As data and
34technology are
available, identify programs experiencing
35difficulties.
P4 1(d) When appropriate, make a finding pursuant to Section 5655
2that a county’s performance is failing in a substantive manner. The
3State Department of Health Care Services shall investigate and
4review the finding, and report the action taken to the Legislature.
5(e) To advise the Legislature, the State Department of Health
6Care Services, and county boards on mental health issues and the
7policies and priorities that this state should be pursuing in
8developing its mental health system.
9(f) To periodically review the state’s data systems and
10paperwork requirements to ensure that they are reasonable and in
11compliance with state and federal law.
12(g) To make recommendations to the State Department of Health
13Care Services on the award of grants to county programs to reward
14and stimulate innovation in providing mental health services.
15(h) To conduct public hearings on the state mental health plan,
16the Substance Abuse and Mental Health Services Administration
17block grant, and other topics, as needed.
18(i) In conjunction with other statewide and local mental health
19organizations, assist in the coordination of training and information
20to local mental health boards as needed to ensure that they can
21effectively carry out their duties.
22(j) To advise the Director of Health Care Services on the
23development of the
state mental health plan and the system of
24priorities contained in that plan.
25(k) To assess periodically the effect of realignment of mental
26health services and any other important changes in the state’s
27mental health system, and to report its findings to the Legislature,
28the State Department of Health Care Services, local programs, and
29local boards, as appropriate.
30(l) To suggest rules, regulations, and standards for the
31administration of this division.
32(m) When requested, to mediate disputes between counties and
33the state arising under this part.
34(n) To employ administrative, technical, and other personnel
35necessary for the performance of its powers and
duties, subject to
36the approval of the Department of Finance.
37(o) To accept any federal fund granted, by act of Congress or
38by executive order, for purposes within the purview of the
39California Mental Health Planning Council, subject to the approval
40of the Department of Finance.
P5 1(p) To accept any gift, donation, bequest, or grants of funds
2from private and public agencies for all or any of the purposes
3within the purview of the California Mental Health Planning
4Council, subject to the approval of the Department of Finance.
Section 5847 of the Welfare and Institutions Code is
6amended to read:
Integrated Plans for Prevention, Innovation, and System
8of Care Services.
9(a) Each county mental health program shall prepare and submit
10a three-year program and expenditure plan, and annual updates,
11adopted by the county board of supervisors, to the Mental Health
12Services Oversight and Accountability Commission within 30 days
13after adoption.
14(b) The three-year program and expenditure plan shall be based
15on available unspent funds and estimated revenue allocations
16provided by the state and in accordance with established
17stakeholder engagement and planning requirements as required in
18Section 5848. The three-year program and expenditure plan and
19annual updates shall include all of the following:
20(1) A program for prevention and early intervention in
21accordance with Part 3.6 (commencing with Section 5840).
22(2) A program for services to children in accordance with Part
234 (commencing with Section 5850), to include a program pursuant
24to Chapter 4 (commencing with Section 18250) of Part 6 of
25Division 9 or provide substantial evidence that it is not feasible to
26establish a wraparound program in that county.
27(3) A program for services to adults and seniors in accordance
28with Part 3 (commencing with Section 5800).
29(4) A program for innovations in accordance with Part 3.2
30(commencing with Section 5830).
31(5) A program for technological needs and capital facilities
32needed to provide services
pursuant to Part 3 (commencing with
33Section 5800), Part 3.6 (commencing with Section 5840), and Part
344 (commencing with Section 5850). All plans for proposed facilities
35with restrictive settings shall demonstrate that the needs of the
36people to be served cannot be met in a less restrictive or more
37integrated setting.
38(6) Identification of shortages in personnel to provide services
39pursuant to the above programs and the additional assistance
P6 1needed from the education and training programs established
2pursuant to Part 3.1 (commencing with Section 5820).
3(7) Establishment and maintenance of a prudent reserve to
4ensure the county program will continue to be able to serve
5children, adults, and seniors that it is currently serving pursuant
6to Part 3 (commencing with Section 5800), the Adult and Older
7Adult Mental Health System of Care Act, Part 3.6 (commencing
8with Section 5840),
Prevention and Early Intervention Programs,
9and Part 4 (commencing with Section 5850), the Children’s Mental
10Health Services Act, during years in which revenues for the Mental
11Health Services Fund are below recent averages adjusted by
12changes in the state population and the California Consumer Price
13Index.
14(8) Certification by the county mental health director, which
15ensures that the county has complied with all pertinent regulations,
16laws, and statutes of the Mental Health Services Act, including
17stakeholder participation and nonsupplantation requirements.
18(9) Certification by the county mental health director and by
19the county auditor-controller that the county has complied with
20any fiscal accountability requirements as directed by the State
21Department of Health Care Services, and that all expenditures are
22consistent with the requirements of the Mental Health Services
23Act.
24(10) Information requested by the commission pursuant to
25paragraph (6) of subdivision (d) of Section 5845 to assist the
26commission in its oversight of the program described in paragraph
27(3) of this subdivision. This information may include, but is not
28limited to, estimates of the number of additional people who meet
29the criteria for services pursuant to Part 3 (commencing with
30Section 5800) and are not receiving services that meet the criteria
31for that part. These estimates shall be based on existing available
32data and not include duplicative reporting requirements.
33(c) The programs established pursuant to paragraphs (2) and
34(3) of subdivision (b) shall include services to address the needs
35of transition age youth ages 16 to 25. In implementing this
36subdivision, county mental health programs shall consider the
37needs of transition age foster youth.
38(d) Each year, the State Department of Health Care Services
39shall inform the California Mental Health Directors Association
40and the Mental Health Services Oversight and Accountability
P7 1Commission of the methodology used for revenue allocation to
2the counties.
3(e) Each county mental health program shall prepare expenditure
4plans pursuant to Part 3 (commencing with Section 5800) for adults
5and seniors, Part 3.2 (commencing with Section 5830) for
6innovative programs, Part 3.6 (commencing with Section 5840)
7for prevention and early intervention programs, and Part 4
8(commencing with Section 5850) for services for children, and
9updates to the plans developed pursuant to this section. Each
10expenditure update shall indicate the number of children, adults,
11and seniors to be served pursuant to Part 3 (commencing with
12Section 5800), and Part 4 (commencing with Section 5850), and
13the cost per
person. The expenditure update shall include utilization
14of unspent funds allocated in the previous year and the proposed
15expenditure for the same purpose.
16(f) A county mental health program shall include an allocation
17of funds from a reserve established pursuant to paragraph (7) of
18subdivision (b) for services pursuant to paragraphs (2) and (3) of
19subdivision (b) in years in which the allocation of funds for services
20pursuant to subdivision (e) are not adequate to continue to serve
21the same number of individuals as the county had been serving in
22the previous fiscal year.
The Legislature finds and declares that this act clarifies
24procedures and terms of the Mental Health Services Act within
25the meaning of Section 18 of the Mental Health Services Act.
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