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AB-1136 Health facilities: residential mental health or substance use disorder treatment. (2017-2018)

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Date Published: 07/02/2018 02:00 PM
AB1136:v93#DOCUMENT

Amended  IN  Senate  July 02, 2018
Amended  IN  Senate  June 18, 2018
Amended  IN  Senate  February 05, 2018
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1136

Introduced by Assembly Member Eggman

February 17, 2017

An act to add Article 7.1 (commencing with Section 1323.3) to Chapter 2 of Division 2 of the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1136, as amended, Eggman. Health facilities: residential mental health or substance use disorder treatment.
Under existing law, the State Department of Public Health licenses and regulates health facilities, defined to include, among others, acute psychiatric hospitals. A violation of these provisions is a crime.
Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation.
Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, administered by the State Department of Health Care Services.
This bill would require the State Department of Public Health, in consultation with specified entities, to develop and submit a proposal to solicit a grant under the federal 21st Century Cures Act to develop a real-time, Internet-based database to collect, aggregate, and display information about the availability of beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities for treatment purposes. The bill would require a database created using grant funds received as a result of the submission of that proposal to have the capacity to collect data and enable a specified search to identify beds that are appropriate for the treatment of individuals and to include specified information, including, among other things, the contact information for the facility’s designated employee and information on beds. The bill would require the department to confer with specified stakeholders to inform the development of the proposal and to submit an evaluation to the federal Health and Human Services Secretary and to the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 7.1 (commencing with Section 1323.3) is added to Chapter 2 of Division 2 of the Health and Safety Code, to read:
Article  7.1. Availability of Inpatient Care for Mental Health or Substance Use Disorder Crisis

1323.3.
 (a) The State Department of Public Health, in consultation with the State Department of Health Care Services, State Department of Social Services, and County Behavioral Health Directors Association of California, shall develop and submit a proposal to solicit a grant authorized under the federal 21st Century Cures Act (Public Law 114-255) to develop a real-time, Internet-based database to collect, aggregate, and display information about beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities in order to facilitate the identification and designation of facilities for the temporary treatment of individuals in mental health or substance use disorder crisis.
(b) (1) Except as described in paragraph (3), a database created using grant funds received as a result of the proposal submitted pursuant to subdivision (a) shall include, at a minimum, all of the following:
(A) The contact information for the facility’s designated employee.
(B) The facility’s license type.
(C) If the facility provides substance use disorder, mental health, or medical treatment.
(D) If the bed is secure for the treatment of a person who, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code.
(E) The types of diagnoses for which the bed is appropriate.
(F) The age ranges for which the bed is appropriate.
(G) Whether the bed is available.
(2) A database created using grant funds received as a result of the proposal submitted pursuant to subdivision (a) shall have the capacity to do both of the following:
(A) Collect data.
(B) Enable searches to identify beds that are appropriate for the treatment of individuals in a mental health or substance use disorder crisis.
(3) A database created using grant funds received as a result of the proposal submitted pursuant to subdivision (a) shall not include any information relating to state hospitals under the jurisdiction of the State Department of State Hospitals.
(c) The department shall confer with stakeholders to inform the development of the proposal developed pursuant to this article. Stakeholders represented in this process shall include, but not be limited to, the State Department of Health Care Services, State Department of Social Services, County Behavioral Health Directors Association of California, and organizations that have experience providing inpatient psychiatric care, organizations that have experience providing psychiatric crisis stabilization, organizations that have experience providing residential community mental health services, and organizations that have experience providing residential alcoholism or drug abuse recovery or treatment services. The department and stakeholders shall consider strategies for facility use of the database.
(d) (1) The department, in consultation with the State Department of Health Care Services, State Department of Social Services, and County Behavioral Health Directors Association of California, shall submit to the federal Health and Human Services Secretary an evaluation of the effect of any grant funds received as a result of the proposal submitted pursuant to subdivision (a) on all of the following:
(A) Local crisis response services and measures for individuals receiving crisis planning and early intervention supports.
(B) Individuals reporting improved functional outcomes.
(C) Individuals receiving regular followup care following a crisis.
(2) The department shall also submit the evaluation described in paragraph (1) to the Legislature in compliance with Section 9795 of the Government Code.