BILL ANALYSIS
SB 1534
Page 1
SENATE THIRD READING
SB 1534 (Perata)
As Amended August 29, 2000
Majority vote
SENATE VOTE :24-15
JUDICIARY 10-5 HEALTH 8-5
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|Ayes:|Kuehl, Aroner, Bock, |Ayes:|Gallegos, Corbett, |
| |Corbett, Jackson, Knox, | |Firebaugh, Kuehl, |
| |Longville, Shelley, | |Vincent, Wayne, Wesson, |
| |Steinberg, Wiggins | |Wildman |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ackerman, Bates, House, |Nays:|Bates, Aanestad, Cox, |
| |McClintock, Robert | |Runner, Zettel |
| |Pacheco | | |
| | | | |
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APPROPRIATIONS 14-6
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|Ayes:|Migden, Alquist, Aroner, | | |
| |Cedillo, Corbett, Davis, | | |
| |Kuehl, Papan, Romero, | | |
| |Shelley, Thomson, Wesson, | | |
| |Wiggins, Wright | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Campbell, Ackerman, | | |
| |Ashburn, Brewer, | | |
| |Maldonado, Zettel | | |
| | | | |
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SUMMARY : Specifies the duties and responsibilities of patients'
rights advocates (PRAs) and clarifies the rights of mental
health clients. Specifically, this bill :
1)Specifies that people with psychiatric disabilities residing
in specified community care facilities have the same legal and
civil rights guaranteed patients hospitalized in mental health
treatment facilities, including access to the services of a
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PRA.
2)Adds mental health clients to the list of persons who can
bring an enforcement action for rights violations.
3)Specifies that the duties of county PRAs include:
a) Providing representation in certification review
hearings, capacity hearings, and hearings pertaining to the
commitment of minors to public hospitals, unless such
representation is already provided;
b) Providing assistance to minors in clinical review
proceedings;
c) Assisting recipients of public mental health services
with grievances; and,
d) Providing outreach to recipients of mental health
services to ensure that they are aware of their rights.
4)Specifies that PRAs have access to mental health clients in
community care facilities. If a PRA conducting monitoring
wishes to interview a patient or resident, the advocate must
contact a representative of the facility and the treating
provider before conducting the interview.
5)Clarifies the authority of PRAs to refer complaints to any
appropriate state or local government agency, and requires any
licensing agency that responds to a complaint referred by an
advocate to prepare an annual report to the Legislature, as
specified.
6)Requires a county mental health director to respond to
complaints about any PRA.
7)Prohibits retaliation against advocates for the performance of
their duties and prohibits discrimination and retaliation
against a resident of a community care facility who complains.
8)Imposes additional training standards upon patients' rights
advocates.
EXISTING LAW requires each local mental health director to
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appoint or contract for one or more county PRAs. Requires the
duties of these advocates to include:
1)Investigating complaints concerning recipients of mental
health services in health facilities regarding abuse or
withholding of their rights;
2)Monitoring mental health facilities for compliance with
statutory and regulatory patients' rights provisions;
3)Providing training and education about mental health law and
patients' right to mental health providers; and,
4)Ensuring that mental health clients are notified of their
rights.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, unknown major state-reimbursable costs, at
least $1 million, from expanding PRA scope of responsibilities
and requiring additional training. Costs to Department of
Mental Health, about $500,000 General Fund, to collect and
publish specified data on complaints.
COMMENTS :
1)According to the author, the intent of this bill is to clarify
the rights and responsibilities of mental health advocates to
foster uniformity in the delivery of patient advocacy
services, and to facilitate responses to concerns forwarded by
advocates to state licensing entities.
2)The California Association of Mental Health Patients' Rights
Advocates (CAMHPRA) supports this bill to extend the basic
patients' rights protections currently afforded to patients in
mental health facilities to include persons with psychiatric
disabilities in community care facilities. Protection and
Advocacy, Incorporated (PAI) also believes this bill will
greatly improve mental health services in California by
improving the ability of patients' rights advocates to
advocate on behalf of their clients.
3)A coalition comprised of the California Alliance of Child and
Family Services, California Association of Health Facilities,
California Healthcare Association, California Mental Health
Directors Association, and the California Psychiatric
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Association (the Coalition), submitted a joint letter opposing
this bill unless it is amended. The Coalition argues that
expansion of the patients' rights advocates' duties, without
additional oversight, will actually lead to services being
delivered in an inconsistent manner.
Analysis Prepared by : Ann Blackwood / HEALTH / (916) 319-2097
FN: 0006944