AB 1550

Version: Amended+Assembly
Author: Asm. Rob Bonta (D-CA)



Introduced by Assembly Member Bonta

February 22, 2019


An act to amend Section 11750 of the Health and Safety Code, relating to public health. add Section 14724 to the Welfare and Institutions Code, relating to Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


AB 1550, as amended, Bonta. Alcohol and drug programs. Crisis stabilization units: psychiatric patients.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, the department and counties provide specialty mental health services for Medi-Cal beneficiaries through mental health managed care plans, as specified. Under existing law, these services may include crisis stabilization services and inpatient psychiatric care.
This bill would authorize a certified crisis stabilization unit designated by a mental health managed care plan, at the discretion of the mental health managed care plan, to provide medically necessary crisis stabilization services to individuals beyond the service time of 24 hours when the individual needs inpatient psychiatric care or outpatient care and inpatient psychiatric beds or outpatient services are not reasonably available. The bill would require a person who is placed under, or who is already under, a 72-hour involuntary hold because the person, as a result of a mental disorder, is a danger to themselves or others, or is gravely disabled, to be credited for the time detained at a certified crisis stabilization unit. The bill would require the department to amend its contract with a mental health plan to include a provision authorizing the provision of crisis stabilization services for more than 24 hours if the mental health plan elects to provide crisis stabilization services under these provisions. The bill would require the department to require these mental health plans to establish treatment protocols, documentation standards, and administrative procedures, consistent with best practices and other evidence-based medicine, to be followed by a certified crisis stabilization unit for appropriate treatment to individuals who are provided crisis stabilization services for more than 24 hours. The bill would require the department to seek any state plan amendments or waivers, or amendments to existing waivers, that are necessary to implement these provisions.

Existing law sets forth provisions for the transfer of the duties, powers, purposes, functions, responsibilities, and jurisdiction of the former State Department of Alcohol and Drug Programs to the State Department of Health Care Services and the State Department of Public Health, as specified, on July 1, 2013. Existing law states that the transfer is designed to perform certain tasks, including, among others, consolidating within the State Department of Health Care Services all substance use disorder functions and programs from the former State Department of Alcohol and Drug Programs and promoting opportunities for the improvement of health care delivery, as specified.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 14724 is added to the Welfare and Institutions Code, to read:

14724.
 (a) A certified crisis stabilization unit designated by a mental health plan under Article 5 (commencing with Section 14680) or this chapter, and authorized pursuant to Sections 14021.4, 14680, and 14684, may, at the discretion of the mental health plan, provide medically necessary crisis stabilization services to individuals beyond the service time of 24 hours when the individual needs inpatient psychiatric care or outpatient care and inpatient psychiatric beds or outpatient services are not reasonably available. If a person is placed under, or is already under, a 72-hour hold pursuant to Section 5150, the person shall be credited for the time detained at a certified crisis stabilization unit addressed by this section. Nothing in this section shall be construed to encourage the placement of a 72-hour hold pursuant to Section 5150 for an individual who is at a certified crisis stabilization unit on a voluntary basis.
(b) The department shall amend its contract with a mental health plan to include a provision authorizing the provision of crisis stabilization services as described in this section if the mental health plan elects to provide crisis stabilization services pursuant to this section.
(c) The department shall require each mental health plan to establish treatment protocols, documentation standards, and administrative procedures, consistent with best practices and other evidence-based medicine, to be followed by a certified crisis stabilization unit for appropriate treatment to individuals who are provided crisis stabilization services for more than 24 hours.
(d) The department shall seek any state plan amendments or waivers, or amendments to existing waivers, that are necessary to implement this section.

SECTION 1.Section 11750 of the Health and Safety Code is amended to read:
11750.

(a)It is the intent of the Legislature that the administrative and programmatic functions of the State Department of Alcohol and Drug Programs be transferred to the State Department of Health Care Services and the State Department of Public Health effective July 1, 2013. It is further the intent of the Legislature that this transfer happen efficiently and effectively, with no interruptions in service delivery. This transfer is designed to do all of the following:

(1)Consolidate within a single state department, the State Department of Health Care Services, all substance use disorder functions and programs from the State Department of Alcohol and Drug Programs.

(2)Align with federal and county partners by consolidating substance use disorder and community mental health functions and programs within one department.

(3)Promote opportunities for the improvement of health care delivery by integrating the state-level administration of substance use disorders, community mental health, and physical health to the benefit of communities and consumers with substance use disorders and cooccurring disorders.

(4)Ensure appropriate state oversight by consolidating the two key public funding sources, the Substance Abuse Prevention and Treatment Block Grant and the Drug Medi-Cal Treatment Program, for the substance use disorder system in one state department.

(5)Provide effective state leadership on substance use disorder issues by positioning the State Department of Health Care Services to serve as a unified, strong voice to advocate, at both the state and federal levels, on behalf of the needs of communities, county partners, and consumers with substance use disorders.

(b)Effective July 1, 2013, the administrative and programmatic functions that were previously performed by the State Department of Alcohol and Drug Programs are transferred to the State Department of Health Care Services and the State Department of Public Health in accordance with the act that added this section. Further, except as provided in Section 131055.2, any reference in state statute or regulation to the State Department of Alcohol and Drug Programs or the State Department of Alcohol and Drug Abuse shall refer to the State Department of Health Care Services.