Bill Text: CA AB2568 | 2015-2016 | Regular Session | Chaptered
Bill Title: County integrated health and human services program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 469, Statutes of 2016. [AB2568 Detail]
Download: California-2015-AB2568-Chaptered.html
BILL NUMBER: AB 2568 CHAPTERED
BILL TEXT
CHAPTER 469
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2016
APPROVED BY GOVERNOR SEPTEMBER 22, 2016
PASSED THE SENATE AUGUST 22, 2016
PASSED THE ASSEMBLY AUGUST 25, 2016
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN SENATE JUNE 13, 2016
INTRODUCED BY Assembly Member Atkins
FEBRUARY 19, 2016
An act to amend Section 30025 of the Government Code, and to add
Section 18986.89 to the Welfare and Institutions Code, relating to
health and human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2568, Atkins. County integrated health and human services
program.
Existing law authorizes the Counties of Humboldt, Mendocino, and
Alameda to implement a program for the funding and delivery of
services and benefits through an integrated and comprehensive county
health and human services system, subject to certain limitations.
This bill would authorize the County of San Diego, upon approval
of the county board of supervisors and the California Health and
Human Services Agency, to operate an integrated and comprehensive
county health and human services system, as specified.
Existing law establishes the Local Revenue Fund 2011 to provide
funding to counties for public safety services, including mental
health and foster care services, among others. Existing law directs
each county to establish a County Local Revenue Fund 2011 for receipt
of funds allocated from the Local Revenue Fund 2011, and further
directs the county to establish various accounts and subaccounts
within the County Local Revenue Fund 2011, including a Protective
Services Subaccount and a Behavioral Health Subaccount. Existing law
provides that a county authorized to operate an integrated and
comprehensive county health and human services system may reallocate
money between the Protective Services Subaccount and the Behavioral
Health Subaccount, consistent with specified provisions.
This bill would provide that a county's reallocation of funds
between the Protective Services Subaccount and the Behavioral Health
Subaccount remains in effect for only the fiscal year in which the
reallocation is made, and would require the county to report the
reallocation to the Department of Finance and the Secretary of
California Health and Human Services, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30025 of the Government Code is amended to
read:
30025. (a) The Local Revenue Fund 2011 is hereby created in the
State Treasury and shall receive all revenues, less refunds, derived
from the taxes described in Sections 6051.15 and 6201.15; revenues as
may be allocated to the fund pursuant to Sections 11001.5 and 11005
of the Revenue and Taxation Code; and other moneys that may be
specifically appropriated to the fund.
(b) (1) (A) The Trial Court Security Account, the Local Community
Corrections Account, the Local Law Enforcement Services Account, the
Mental Health Account, the District Attorney and Public Defender
Account, the Juvenile Justice Account, the Health and Human Services
Account, the Reserve Account, and the Undistributed Account are
hereby created within the Local Revenue Fund 2011.
(B) On September 15, 2012, all of the funds in the Trial Court
Security Account, the Local Community Corrections Account, the Local
Law Enforcement Services Account, the District Attorney and Public
Defender Account, and the Juvenile Justice Account shall be
distributed to the appropriate successor subaccounts and special
accounts as provided in paragraph (3), and on September 30, 2012, are
abolished.
(C) On September 30, 2012, the Health and Human Services Account
is abolished.
(D) On January 1, 2013, the Reserve Account and the Undistributed
Account described in subparagraph (A) are abolished.
(2) (A) The Support Services Account, the Law Enforcement Services
Account, and the Sales and Use Tax Growth Account are hereby created
within the Local Revenue Fund 2011.
(B) The Protective Services Subaccount, the Behavioral Health
Subaccount, and the County Intervention Support Services Subaccount
are hereby created within the Support Services Account.
(C) The Trial Court Security Subaccount, the Enhancing Law
Enforcement Activities Subaccount, the Community Corrections
Subaccount, the District Attorney and Public Defender Subaccount, and
the Juvenile Justice Subaccount are hereby created within the Law
Enforcement Services Account.
(D) The Enhancing Law Enforcement Activities Growth Special
Account is hereby created within the Enhancing Law Enforcement
Activities Subaccount.
(E) The Support Services Growth Subaccount and the Law Enforcement
Services Growth Subaccount are hereby created within the Sales and
Use Tax Growth Account.
(F) The Protective Services Growth Special Account and the
Behavioral Health Services Growth Special Account are created within
the Support Services Growth Subaccount.
(G) The Women and Children's Residential Treatment Services
Special Account is hereby created in the Behavioral Health Subaccount
for the Women and Children's Residential Services Treatment Program
as described in Chapter 2.1 (commencing with Section 11757.65) of the
Welfare and Institutions Code.
(H) The Trial Court Security Growth Special Account, the Community
Corrections Growth Special Account, the District Attorney and Public
Defender Growth Special Account, and the Juvenile Justice Growth
Special Account are hereby created within the Law Enforcement
Services Growth Subaccount.
(3) On September 15, 2012, the funds in the following accounts and
subaccounts, and funds that subsequently would have been deposited
in the following accounts and subaccounts, shall be transferred as
follows:
(A) Funds in the Trial Court Security Account shall be transferred
to the Trial Court Security Subaccount.
(B) Funds in the Local Community Corrections Account shall be
transferred to the Community Corrections Subaccount.
(C) Funds in the Local Law Enforcement Services Account shall be
transferred to the Enhancing Law Enforcement Activities Subaccount.
(D) Funds in the District Attorney and Public Defender Account
shall be transferred to the District Attorney and Public Defender
Subaccount.
(E) Funds in the Juvenile Justice Account shall be transferred to
the Juvenile Justice Subaccount.
(c) (1) (A) The Youthful Offender Block Grant Subaccount and the
Juvenile Reentry Grant Subaccount are hereby created within the
Juvenile Justice Account.
(B) On September 15, 2012, all of the funds in the Youthful
Offender Block Grant Subaccount and the Juvenile Reentry Grant
Subaccount shall be distributed to the appropriate successor special
accounts as provided in paragraph (3), and on September 30, 2012, the
subaccounts are abolished.
(2) The Youthful Offender Block Grant Special Account and the
Juvenile Reentry Grant Special Account are hereby created within the
Juvenile Justice Subaccount.
(3) On September 15, 2012, the funds in the following subaccounts,
and funds that subsequently would have been deposited in the
following subaccounts, shall be transferred as follows:
(A) Funds in the Youthful Offender Block Grant Subaccount shall be
transferred to the Youthful Offender Block Grant Special Account.
(B) Funds in the Juvenile Reentry Grant Subaccount shall be
transferred to the Juvenile Reentry Grant Special Account.
(d) (1) (A) The Adult Protective Services Subaccount, the Foster
Care Assistance Subaccount, the Foster Care Administration
Subaccount, the Child Welfare Services Subaccount, the Adoptions
Subaccount, the Adoption Assistance Program Subaccount, the Child
Abuse Prevention Subaccount, the Women and Children's Residential
Treatment Services Subaccount, the Drug Court Subaccount, the Nondrug
Medi-Cal Substance Abuse Treatment Services Subaccount, and the Drug
Medi-Cal Subaccount are hereby created within the Health and Human
Services Account within the Local Revenue Fund 2011.
(B) On September 15, 2012, all of the funds in the Adult
Protective Services Subaccount, the Foster Care Assistance
Subaccount, the Foster Care Administration Subaccount, the Child
Welfare Services Subaccount, the Adoptions Subaccount, the Adoption
Assistance Program Subaccount, the Child Abuse Prevention Subaccount,
the Women and Children's Residential Treatment Services Subaccount,
the Drug Court Subaccount, the Nondrug Medi-Cal Substance Abuse
Treatment Services Subaccount, and the Drug Medi-Cal Subaccount shall
be distributed to the appropriate successor subaccounts as provided
in paragraph (2), and on September 30, 2012, the subaccounts named in
this paragraph are abolished.
(2) On September 15, 2012, the funds in the following subaccounts,
and funds that subsequently would have been deposited in the
following subaccounts, shall be transferred as follows:
(A) Funds in the Adult Protective Services Subaccount, the Foster
Care Assistance Subaccount, the Foster Care Administration
Subaccount, the Child Welfare Services Subaccount, the Adoptions
Subaccount, the Adoption Assistance Program Subaccount, and the Child
Abuse Prevention Subaccount shall be transferred to the Protective
Services Subaccount.
(B) Funds in the Drug Court Subaccount, the Nondrug Medi-Cal
Substance Abuse Treatment Services Subaccount, and the Drug Medi-Cal
Subaccount shall be transferred to the Behavioral Health Subaccount.
(C) Funds in the Women and Children's Residential Treatment
Services Subaccount shall be transferred to the Women and Children's
Residential Treatment Services Special Account.
(e) Funds transferred to the Local Revenue Fund 2011 and its
accounts, subaccounts, and special accounts are, notwithstanding
Section 13340, continuously appropriated and shall be allocated
pursuant to statute exclusively for Public Safety Services as defined
in subdivision (i) and as further limited by statute. The moneys
derived from taxes described in subdivision (a) and deposited in the
Local Revenue Fund 2011 shall be available to reimburse the General
Fund for moneys that are advanced to the Local Revenue Fund 2011.
Additionally, all funds deposited in the Local Revenue Fund 2011 and
its accounts shall be available to pay for state costs incurred
during the 2011-12 fiscal year from state agency or department
appropriations authorized in the Budget Act of 2011 for the
realignment of Public Safety Services programs during the 2011-12
legislative session. The Department of Finance is authorized to
determine the time, manner, and amount to be reimbursed pursuant to
this subdivision, provided that reimbursement shall be made no later
than December 1, 2012.
(f) (1) Each county treasurer, city and county treasurer, or other
appropriate official shall create a County Local Revenue Fund 2011
for the county or city and county.
(2) (A) Each county treasurer, city and county treasurer, or other
appropriate official shall create the Local Community Corrections
Account, the Trial Court Security Account, the District Attorney and
Public Defender Account, the Juvenile Justice Account, the Health and
Human Services Account, and the Supplemental Law Enforcement
Services Account within the County Local Revenue Fund 2011 for the
county or city and county.
(B) On September 15, 2012, each county treasurer, city and county
treasurer, or other appropriate official shall distribute all of the
funds in the Local Community Corrections Account, the Trial Court
Security Account, the District Attorney and Public Defender Account,
the Juvenile Justice Account, the Health and Human Services Account,
and the Supplemental Law Enforcement Services Account within the
County Local Revenue Fund 2011 for the county or city and county to
the appropriate successor accounts as provided in paragraphs (7) and
(8), and on September 30, 2012, each county treasurer, city and
county treasurer, or other appropriate official shall abolish the
accounts described in subparagraph (A).
(3) Each county treasurer, and city and county treasurer, or other
appropriate official, shall create the Support Services Account and
the Law Enforcement Services Account within the County Local Revenue
Fund 2011 for the county or city and county.
(4) Each county treasurer, and city and county treasurer, or other
appropriate official, shall create the Protective Services
Subaccount and the Behavioral Health Subaccount within the Support
Services Account.
(A) Any county or city and county may only annually reallocate
money between subaccounts in the Support Services Account, provided
that the reallocation may not exceed 10 percent of the amount
deposited in the immediately preceding fiscal year in the subaccount
in the Support Services Account with the lowest balance.
(B) A county or city and county shall, at a regularly scheduled
public hearing of its governing body, document that any decision to
make any change in its allocation between the Protective Services
Subaccount or Behavioral Health Subaccount moneys among services,
facilities, programs, or providers as a result of reallocating funds
pursuant to subparagraph (A) was based on the most cost-effective use
of available resources to maximize client outcomes.
(C) Any reallocation made pursuant to this paragraph shall only be
in effect for the fiscal year in which the reallocation is made, and
the reallocation shall be neither a permanent allocation nor a
permanent funding source for any program or service receiving funds
from the reallocation.
(D) Any county or city and county that reallocates funds pursuant
to this paragraph shall forward a copy of the documentation in
subparagraph (B) to the Controller. The Controller shall make an
annual report to the fiscal committees of the Legislature of
transfers made and shall forward copies of the documentation to other
interested parties upon request.
(E) (i) Notwithstanding subparagraph (A), any county authorized to
operate an integrated and comprehensive county health and human
services system pursuant to Chapter 12.95 (commencing with Section
18989), Chapter 12.96 (commencing with Section 18986.60), or Chapter
12.991 (commencing with Section 18986.86) of Part 6 of Division 9 of
the Welfare and Institutions Code may reallocate money between the
Protective Services Subaccount and the Behavioral Health Subaccount
within the Support Services Account of the County Local Revenue Fund
2011 established pursuant to paragraph (3), consistent with the
provisions and restrictions contained in Chapter 12.95 (commencing
with Section 18989), Chapter 12.96 (commencing with Section
18986.60), or Chapter 12.991 (commencing with Section 18986.86) of
Part 6 of Division 9 of the Welfare and Institutions Code.
(ii) A reallocation made pursuant to clause (i) shall be in effect
for only the fiscal year in which the reallocation is made and the
reallocation shall be neither a permanent allocation nor a permanent
funding source for any program or service receiving funds from the
reallocation.
(iii) A county or city and county that reallocates funds pursuant
to clause (i) shall make a report to the Department of Finance and
the Secretary of California Health and Human Services describing the
reallocation made for that fiscal year.
(F) The Counties of Alameda, Los Angeles, Marin, San Diego, San
Francisco, and San Joaquin shall create, within the Behavioral Health
Subaccount created pursuant to this paragraph, a County Women and
Children's Residential Treatment Services Special Account.
(5) Each county treasurer, city and county treasurer, or other
appropriate official shall create the following subaccounts and
special accounts for each respective county or city and county:
(A) The Trial Court Security Subaccount, the Enhancing Law
Enforcement Activities Subaccount, the Community Corrections
Subaccount, the District Attorney and Public Defender Subaccount, the
Juvenile Justice Subaccount, and the Local Innovation Subaccount
within the Law Enforcement Services Account.
(B) The Youthful Offender Block Grant Special Account and the
Juvenile Reentry Grant Special Account within the Juvenile Justice
Subaccount.
(6) (A) Each county treasurer, city and county treasurer, or other
appropriate official shall create, if so directed by the board of
supervisors, a Support Services Reserve Subaccount in the Support
Services Account.
(B) A county's or city and county's board of supervisors shall
have the authority to reallocate funds from the Protective Services
Subaccount or the Behavioral Health Subaccount, or both, to the
Support Services Reserve Subaccount in an amount equal to, or less
than, 5 percent of the total funds allocated to those subaccounts
from the corresponding State Treasury subaccounts for the immediately
preceding fiscal year, provided that no reallocation may occur that
would cause the Support Services Reserve Subaccount to exceed 5
percent of the total funds allocated to the Protective Services
Subaccount and the Behavioral Health Subaccount from the
corresponding State Treasury subaccounts for the immediately
preceding fiscal year. The county's or city and county's board of
supervisors shall have the authority to spend moneys deposited in the
Support Services Reserve Subaccount as they would any funds in the
Protective Services Subaccount or the Behavioral Health Subaccount.
The authorization to make this reallocation or to appropriate the
funding may only be made in a duly noticed public meeting. The county
or city and county shall document any reallocations that occurred in
the previous fiscal year by September 30 and shall forward a copy of
the documentation to the Controller. The Controller shall make an
annual report to the fiscal committees of the Legislature of
reallocations made and shall forward copies of the documentation to
other interested parties upon request.
(7) On September 15, 2012, each county treasurer, city and county
treasurer, or other appropriate official shall distribute all of the
funds in the Local Community Corrections Account, the Trial Court
Security Account, the District Attorney and Public Defender Account,
the Juvenile Justice Account, the Youthful Offender Block Grant
Subaccount, the Juvenile Reentry Grant Subaccount, and the
Supplemental Law Enforcement Services Account within the County Local
Revenue Fund 2011 for the county or city and county to the
appropriate successor subaccounts and special accounts as follows:
(A) Funds in the Local Community Corrections Account shall be
transferred to the Community Corrections Subaccount.
(B) Funds in the Trial Court Security Account shall be transferred
to the Trial Court Security Subaccount.
(C) Funds in the District Attorney and Public Defender Account
shall be transferred to the District Attorney and Public Defender
Subaccount.
(D) Funds in the Juvenile Justice Account shall be transferred to
the Juvenile Justice Subaccount.
(E) Funds in the Youthful Offender Block Grant Subaccount shall be
transferred to the Youthful Offender Block Grant Special Account.
(F) Funds in the Juvenile Reentry Grant Subaccount shall be
transferred to the Juvenile Reentry Grant Special Account.
(G) Funds in the Supplemental Law Enforcement Services Account
shall be transferred to the Enhancing Law Enforcement Activities
Subaccount.
(8) On September 15, 2012, each county treasurer, city and county
treasurer, or other appropriate official shall distribute the funds
in the Health and Human Services Account within the County Local
Revenue Fund 2011 for the county or city and county to the
appropriate successor accounts and subaccounts as follows:
(A) Funds that a county or city and county received from the Adult
Protective Services Subaccount, the Foster Care Assistance
Subaccount, the Foster Care Administration Subaccount, the Child
Welfare Services Subaccount, the Adoptions Subaccount, the Adoption
Assistance Program Subaccount, and the Child Abuse Prevention
Subaccount in the Local Revenue Fund 2011 shall be transferred to the
Protective Services Subaccount in the County Local Revenue Fund
2011.
(B) Funds that a county or city and county received from the Drug
Court Subaccount, the Nondrug Medi-Cal Substance Abuse Treatment
Services Subaccount, and the Drug Medi-Cal Subaccount in the Local
Revenue Fund 2011 shall be transferred to the Behavioral Health
Subaccount in the County Local Revenue Fund 2011.
(C) Funds that a county or city and county received from the Women
and Children's Residential Treatment Services Subaccount shall be
transferred to the Women and Children's Residential Treatment
Services Special Account within the Behavioral Health Subaccount.
(9) The moneys in the County Local Revenue Fund 2011 for each
county or city and county and its accounts shall be exclusively used
for Public Safety Services as defined in subdivision (i) and as
further described in this section.
(10) The moneys in and transferred from the Trial Court Security
Account, and the moneys in its successor subaccount and special
account, the Trial Court Security Subaccount and the Trial Court
Security Growth Special Account, shall be used exclusively to fund
trial court security provided by county sheriffs. No general county
administrative costs may be charged to this account, including, but
not limited to, the costs of administering the account.
(11) The moneys in and transferred from the Local Community
Corrections Account, and the moneys in its successor subaccount and
special account, the Community Corrections Subaccount and the
Community Corrections Growth Special Account, shall be the source of
funding for the provisions of Chapter 15 of the Statutes of 2011.
This funding shall not be used by local agencies to supplant other
funding for Public Safety Services. This account, subaccount, and
special account shall be the source of funding for the Postrelease
Community Supervision Act of 2011, as enacted by Section 479 of
Chapter 15 of the Statutes of 2011, and to fund the housing of
parolees in county jails.
(12) The moneys in and transferred from the District Attorney and
Public Defender Account, and the moneys in its successor subaccount
and special account, the District Attorney and Public Defender
Subaccount and the District Attorney and Public Defender Growth
Special Account, shall be used exclusively to fund costs associated
with revocation proceedings involving persons subject to state parole
and the Postrelease Community Supervision Act of 2011 (Title 2.05
(commencing with Section 3450) of Part 3 of the Penal Code), and may
be used to fund planning, implementation, and training costs for
those proceedings. The moneys shall be allocated equally by the
county or city and county to the district attorney's office and
county public defender's office, or where no public defender's office
is established, to the county for distribution for the same purpose.
(13) The moneys in and transferred from the Juvenile Justice
Account, and the moneys in its successor subaccount and special
account, the Juvenile Justice Subaccount and the Juvenile Justice
Growth Special Account, shall only be used to fund activities in
connection with the grant programs described in this paragraph.
(A) The Youthful Offender Block Grant Subaccount, and its
successor, the Youthful Offender Block Grant Special Account, shall
be used to fund grants solely to enhance the capacity of county
probation, mental health, drug and alcohol, and other county
departments to provide appropriate rehabilitative, housing, and
supervision services to youthful offenders, subject to Sections
731.1, 733, 1766, and 1767.35 of the Welfare and Institutions Code.
Counties, in expending an allocation from this subaccount or special
account, shall provide all necessary services related to the custody
and parole of the offenders.
(B) The Juvenile Reentry Grant Subaccount, and its successor, the
Juvenile Reentry Grant Special Account, shall be used to fund grants
exclusively to address local program needs for persons discharged
from the custody of the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. County probation departments, in
expending the Juvenile Reentry Grant allocation, shall provide
evidence-based supervision and detention practices and rehabilitative
services to persons who are subject to the jurisdiction of the
juvenile court, and who were committed to and discharged from the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities. "Evidence-based" refers to supervision and detention
policies, procedures, programs, and practices demonstrated by
scientific research to reduce recidivism among individuals on
probation or under postrelease supervision. The funds allocated from
this subaccount or special account shall supplement existing services
and shall not be used by local agencies to supplant any existing
funding for existing services provided by those entities. The funding
provided from this subaccount or special account is intended to
provide payment in full for all local government costs of the
supervision, programming, education, incarceration, or any other cost
resulting from persons discharged from custody or held in local
facilities pursuant to the provisions of Chapter 729 of the Statutes
of 2010.
(14) The moneys in and transferred from the Supplemental Law
Enforcement Services Account, and the moneys in its successor
subaccount, the Enhancing Law Enforcement Activities Subaccount, and
moneys in the Enhancing Law Enforcement Activities Growth Special
Account, shall be used to provide grants and funding to local law
enforcement as provided by statute.
(15) Notwithstanding any other provision of this section, the
moneys in the Local Innovation Subaccount shall be used to fund local
needs. The board of supervisors of a county or city and county shall
have the authority to spend money deposited in the Local Innovation
Subaccount as it would any funds in the Juvenile Justice Subaccount,
the District Attorney and Public Defender Subaccount, the Community
Corrections Subaccount, or the Trial Court Security Subaccount.
(16) The moneys in and transferred from the Health and Human
Services Account and its subaccounts and the moneys in its successor
account, the Support Services Account, and the moneys in the
Protective Services Subaccount and the Behavioral Health Subaccount
shall be used only to fund activities performed in connection with
the programs described in this subdivision. Except as provided in
subdivisions (c) and (d), as restricted by subdivision (e), of
Section 30026.5, counties and cities and counties shall pay 100
percent of the nonfederal costs of the programs described in this
subdivision using funds allocated from the Local Revenue Fund, the
Local Revenue Fund 2011, and any required matching expenditures.
Funds shall be used in a manner that maintains eligibility for
federal funding.
(A) The moneys in the Protective Services Subaccount and the
Protective Services Growth Special Account shall be used exclusively
to fund the following:
(i) Adult protective services described in statute and regulation.
(ii) Foster care grants and services as those services are
described in statute, regulation, and the Title IV-E Child Welfare
Waiver Demonstration Capped Allocation Project.
(iii) The administrative costs of foster care services as those
services are described in statute, regulation, and the Title IV-E
Child Welfare Waiver Demonstration Capped Allocation Project.
(iv) The costs of child welfare services as those services are
described in statute, regulation, and the Title IV-E Child Welfare
Waiver Demonstration Capped Allocation Project.
(v) The costs connected with providing adoptive services,
including agency adoptions, as described in statute and regulation,
including the costs incurred by the county or city and county if the
county or city and county elects to contract with the state to
provide those services.
(vi) The costs of child abuse prevention, intervention, and
treatment services as those costs and services are described in
statute and regulation.
(vii) The administrative costs and payments for families adopting
children with special needs.
(B) The moneys in the Behavioral Health Subaccount and the
Behavioral Health Services Growth Special Account shall be used
exclusively to fund the following:
(i) Residential perinatal drug services and treatment as those
services and treatment are described in statute and regulation.
(ii) Drug court operations and services as those costs are
currently permitted and described by statute and regulation.
(iii) Nondrug Medi-Cal substance abuse treatment programs, as
described in statute and regulation.
(iv) The Drug Medi-Cal program as that program is described in
statute, regulation, or the State Plan or its amendment or
amendments.
(v) Medi-Cal specialty mental health services, including the Early
and Periodic Screening, Diagnosis, and Treatment Program and mental
health managed care, as described in statute, regulation, the managed
care waiver provisions of Title XIX of the federal Social
Security Act (42 U.S.C. Sec.
1396n), or the State Plan or its amendment or amendments.
(C) The moneys in the Women and Children's Residential Treatment
Services Special Account shall be used exclusively to fund the Women
and Children's Residential Treatment Services program, as described
in Chapter 2.1 (commencing with Section 11757.65) of the Welfare and
Institutions Code.
(g) The moneys in the Reserve Account shall be used to fund
entitlements paid from the Foster Care Assistance Subaccount, the
Drug Medi-Cal Subaccount, and the Adoption Assistance Program
Subaccount of the Health and Human Services Account after the funding
of any entitlements for the 2011-12 fiscal year, and not later than
December 1, 2012.
(h) The moneys in the Undistributed Account shall be used to
reimburse the General Fund for costs incurred and expenditures made
by the state on behalf of any local government entity in providing
Public Safety Services, as defined in subdivision (i), after all
2011-12 costs have been reimbursed, but not later than December 1,
2012.
(i) For purposes of this section, "Public Safety Services" shall
include all of the following:
(1) Employing and training public safety officials, including law
enforcement personnel, attorneys assigned to criminal proceedings,
and court security staff.
(2) Managing local jails and providing housing, treatment, and
services for, and supervision of, juvenile and adult offenders.
(3) Preventing child abuse, neglect, or exploitation; providing
services to children and youth who are abused, neglected, or
exploited, or who are at risk of abuse, neglect, or exploitation, and
the families of those children; providing adoption services; and
providing adult protective services.
(4) Providing mental health services to children and adults in
order to reduce failure in school, harm to themselves and others,
homelessness, and preventable incarceration or institutionalization.
(5) Preventing, treating, and providing recovery services for
substance abuse.
(j) The realignment moneys collected by the state and distributed
to the local governmental entities pursuant to this article shall be
considered state funds for the purposes of the political subdivision
provision of the nonfederal share of Medicaid expenditures for
purposes of Section 5001(g)(2) of the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) and Section 100201(c)(6)
of the federal Patient Protection and Affordable Care Act (Public Law
111-148). Although the realignment moneys shall be considered state
proceeds of taxes, they are not General Fund revenues.
(k) The receipt of funding by each county or city and county
pursuant to this chapter shall be contingent upon the creation of the
accounts, subaccounts, and special accounts required by this chapter
in each county's, or city and county's treasury.
SEC. 2. Section 18986.89 is added to the Welfare and Institutions
Code, to read:
18986.89. (a) (1) Notwithstanding the dates provided in
subdivisions (a) and (b) of Section 18986.87, the County of San Diego
may, upon approval of the county board of supervisors, operate an
integrated and comprehensive county health and human services system.
(2) A system described in paragraph (1) shall comply with the
requirements of this section and is subject to the approval of the
California Health and Human Services Agency. The California Health
and Human Services Agency shall grant approval if the county
furnishes a certified copy of a current ordinance or resolution
authorizing an integrated and comprehensive health and human services
system in that county.
(b) In providing services through an integrated system to families
and individuals, the system may, among other things, do both of the
following:
(1) Maintain and evaluate a system of administration that
integrates and coordinates the management and support of client
services.
(2) Maintain a system of reporting and accountability that
provides for the combined provision of services without the loss of
state or federal funds provided under current law.
(c) The integrated and comprehensive county health and human
services system may include, but not be limited to, any or all of the
following:
(1) Adoption services.
(2) Child abuse prevention services.
(3) Child welfare services.
(4) Delinquency prevention services.
(5) Drug and alcohol services.
(6) Mental health services.
(7) Eligibility determination.
(8) Employment and training services.
(9) Foster care services.
(10) Health services.
(11) Public health services.
(12) Housing services.
(13) Medically indigent program services.
(14) Veterans' services.
(15) Aging services.
(16) Any other related program as designated by the board of
supervisors.
(d) The county shall comply with all applicable state and federal
privacy laws that govern medical and social service information,
including, but not limited to, the Confidentiality of Medical
Information Act (Part 2.6 (commencing with Section 56) of Division 1
of the Civil Code), the federal Health Insurance Portability and
Accountability Act (HIPAA), and Sections 827, 5328, and 10850.
(e) Programs or services shall be included in the system only to
the extent that federal funding to either the state or the county
will not be reduced as a result of the inclusion of the services in
the project.
(f) This section shall not authorize the county to discontinue
meeting its obligations under current law to provide services or to
reduce its accountability for the provision of these services.
(g) The county shall utilize any and all state general funds and
county funds that it is legally allocated or entitled to receive.
Through the creation of integrated health and social services
structures, the county shall maximize federal matching funds. This
integration shall not result in increased expenditures from the State
General Fund.
(h) The appropriate state departments, as designated by the
Secretary of Health and Human Services, that are assisting,
participating, and cooperating in the program authorized by this
section shall have the authority to waive regulations, with the
concurrence of the county, regarding the method of providing services
and the method of reporting and accountability, as may be required
to meet the goals set forth in subdivision (b). However, the
departments shall not waive regulations pertaining to privacy and
confidentiality of records, civil service merit systems, or
collective bargaining. The departments shall not waive regulations if
the waiver results in a diminished amount or level of services or
benefits to eligible recipients as compared to the benefits and
services that would have been provided to recipients absent the
waiver.
