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AB-2315 Pupil health: mental and behavioral health services: telehealth technology: guidelines.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2315:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2315


Introduced by Assembly Member Quirk-Silva

February 13, 2018


An act to add Sections 5848.3 and 14132.722 to the Welfare and Institutions Code, Section 49429 to the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2315, as amended, Quirk-Silva. Pupil health: mental and behavioral health care: services: telehealth services. technology: guidelines.
Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work.
This bill would require the State Department of Education, in consultation with the State Department of Health Care Services and appropriate stakeholders, to, on or before December 31, 2019, develop guidelines, as provided, for the use of telehealth technology in public schools, including charter schools, to provide mental health and behavioral health services to pupils on school campuses. The bill would require the department to post the guidelines on its Internet Web site on or before December 31, 2019.

(1)Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters by Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee various parts of the act, as specified. Under the MHSA, funds are distributed to counties to be expended pursuant to a local plan for specified purposes, including, but not limited to, prevention and early intervention of mental illness. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA.

This bill would require the commission to establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers. The bill would require the commission to allocate money from the Mental Health Services Fund to purchase the telehealth technology and equipment. The bill would require the State Department of Education and the State Department of Health Care Services to work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.

(2)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. Existing law provides that in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth, as defined.

This bill would require the department to allow a licensed mental health provider that provides mental or behavioral telehealth services to pupils pursuant to the telehealth pilot program described above to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 49429 is added to the Education Code, to read:

49429.
 (a) The department, in consultation with the State Department of Health Care Services and appropriate stakeholders, including stakeholders with experience in telehealth, as defined in subdivision (d), shall develop guidelines on or before December 31, 2019, for the use of telehealth technology in public schools, including charter schools, to provide mental health and behavioral health services to pupils on school campuses.
(b) The guidelines developed pursuant to subdivision (a) shall include, but are not limited to, guidance on all of the following:
(1) Qualifications of individuals authorized to provide assistance, within their scope of practice, to pupils in accessing mental health and behavioral health services via telehealth technology at a schoolsite.
(2) Qualifications of individuals authorized to provide mental health and behavioral health services, within their scope of practice, to pupils via telehealth technology.
(3) Potential sources of funding for the purchase of the necessary equipment and technology infrastructure by schools to allow schools to provide telehealth services.
(4) The ability of mental and behavioral health services providers to access reimbursement through the Medi-Cal program or other sources for services provided to pupils at schoolsites via telehealth technology.
(5) The legal requirements for parental consent for the provision of mental health and behavioral health treatment of minors via telehealth technology.
(6) Measures necessary to protect the security of data transmitted via telehealth technology.
(7) Measures necessary to protect the privacy of pupil data pursuant to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and medical records pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(8) Potential school district, county office of education, and charter school liability associated with the provision of telehealth services.
(c) The department shall post the guidelines developed pursuant to this section on its Internet Web site on or before December 31, 2019.
(d) For purposes of this section, “telehealth” means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupil’s health care while the pupil is at a schoolsite and the health care provider is at a distant site.

SECTION 1.Section 5848.3 is added to the Welfare and Institutions Code, to read:
5848.3.

(a)(1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.

(2)The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.

(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.

(4)The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.

(b)The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.

(c)For purposes of this section, “telehealth” means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupil’s health care while the pupil is at a schoolsite and the health care provider is at a distant site.

SEC. 2.Section 14132.722 is added to the Welfare and Institutions Code, to read:
14132.722.

(a)The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.

(b)The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an “eligible originating site” under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.