Bill Text: CA AB861 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental health: community-based services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB861 Detail]

Download: California-2015-AB861-Amended.html

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BILL NUMBER: AB 861	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 26, 2015

   An act to  amend Section 5512 of   add
Section 14021.2 to,  the Welfare and Institutions Code, relating
to mental health services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 861, as amended, Maienschein. Mental  health services:
patients' rights.   health: community-based services.
 
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is, in part, governed and funded by
federal Medicaid provisions. Existing law provides for a schedule of
benefits under the Medi-Cal program and provides for specified
services, including various mental health services. Existing federal
law, the Protecting Access to Medicare Act of 2014, requires the
federal Secretary of Health and Human Services to, among other
things, award, no later than January 1, 2016, planning grants to
states for the purpose of developing proposals to participate in
time-limited demonstration programs to improve mental health services
provided by certified community behavioral health clinics to
Medi-Cal beneficiaries.  
   This bill would require the department to apply for that planning
grant. This bill would require the department to work with counties
and other stakeholders in developing its proposal. The bill would
also require the proposal to include plans for counties to redirect a
portion of the funds currently used to match federal funds to
providing increased housing opportunities for individuals with severe
mental illnesses, as specified.  
   Existing law directs the State Department of State Hospitals and
the State Department of Health Care Services to ensure that mental
health laws, regulations, and policies on the rights of recipients of
mental health services are observed and protected in state hospitals
and in licensed health and community care facilities. Existing law
requires departments to contract with a single nonprofit entity for
protection and advocacy services for persons with mental disabilities
and requires the prescribed training of county patients' rights
advocates to be provided by that contractor.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares the
following:  
   (a) In 2014 Congress enacted the Protecting Access to Medicare Act
of 2014.  
   (b) Under the Protecting Access to Medicare Act, eight states will
be selected to have their federal share of costs increased to 90
percent for two years for outpatient behavioral health care for
individuals with severe mental illnesses or serious emotional
disturbances.  
   (c) If successful, this federal opportunity would enable
California to serve the tens of thousands of individuals with those
conditions that it now lacks the funding to serve.  
   (d) A major challenge in serving that population is that many are
homeless and in need of housing assistance. Federal funding cannot
pay for that housing assistance.  
   (e) This federal funding would free up nearly $2 billion in county
funds now being used to match federal funds. The money that is
currently being used to match federal funds will now be available to
be used to meet the housing needs of those individuals who are not
currently receiving the behavioral health care that they need. 
   SEC. 2.    Section 14021.2 is added to the  
Welfare and Institutions Code   , to read:  
   14021.2.  (a) The department shall apply to the federal Secretary
of Health and Human Services for the planning grant awarded pursuant
to Section 223 of the federal Protecting Access to Medicare Act of
2014 for the purpose of developing proposals to participate in
time-limited demonstration programs to improve mental health services
furnished by certified community behavioral health clinics to
Medi-Cal beneficiaries. The department shall also submit an
application for the subsequent competitive grant competition to be
selected as a participating state in the demonstration program.
   (b) In planning to develop its proposal for the competitive grant,
the department shall work with counties and other stakeholders to
identify the unmet need for the covered services and to estimate the
number of individuals who will need housing assistance.
   (c) The competitive grant proposal shall include plans for
counties to redirect a portion of the funds that are currently used
to match federal funds but will not be needed for that purpose during
the grant period to provide increased housing opportunities for
individuals with severe mental illnesses.  
  SECTION 1.    Section 5512 of the Welfare and
Institutions Code is amended to read:
   5512.  Training of county patients' rights advocates shall be
provided by the contractor specified in Section 5510 responsible for
the provision of protection and advocacy services to persons with
mental disabilities. Training shall be directed at ensuring that all
county patients' rights advocates possess all of the following:
   (a) Knowledge of the service system, financial entitlements, and
service rights of persons receiving mental health services. This
knowledge shall include, but need not be limited to, knowledge of
available treatment and service resources in order to ensure timely
access to treatment and services.
   (b) Knowledge of patients' rights in institutional and community
facilities.
   (c) Knowledge of civil commitment statutes and procedures.
   (d) Knowledge of state and federal laws and regulations affecting
recipients of mental health services.
   (e) Ability to work effectively and respectfully with service
recipients and providers, public administrators, community groups,
and the judicial system.
   (f) Skill in interviewing and counseling service recipients,
including giving information and appropriate referrals.
   (g) Ability to investigate and assess complaints and screen for
legal problems.
   (h) Knowledge of administrative and judicial due process
proceedings in order to provide representation at administrative
hearings and to assist in judicial hearings when necessary to carry
out the intent of Section 5522 regarding cooperation between
advocates and legal representatives.
   (i) Knowledge of, and commitment to, advocacy ethics and
principles.
   (j) This section shall become operative on January 1, 1996.