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AB-224 Alcohol and drug programs: discharge plans.(2019-2020)

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Date Published: 03/21/2019 09:00 PM
AB224:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 224

Introduced by Assembly Member Brough

January 16, 2019

An act to amend Section 11750 of add Section 11833.06 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 224, as amended, Brough. Alcohol and drug programs. programs: discharge plans.
Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services. Existing law authorizes the department to certify alcoholism or drug abuse recovery or treatment programs in order to, among other things, identify programs that exceed minimal levels of service quality. Existing law requires all programs licensed or certified by the department to disclose specified information to the department, including specified ownership or financial interests, upon initial licensure or certification and renewal of licensure or certification.
This bill would require programs licensed or certified by the department to have a written patient discharge plan policy that includes a process for identifying appropriate posttreatment housing for patients, and to submit a copy of that policy to the department upon initial licensure or certification and renewal of licensure or certification. The bill would authorize the department to suspend or revoke the license or certification of a program that does not comply with 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 11833.06 is added to the Health and Safety Code, to read:

11833.06.
 (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall develop and maintain, in writing, a patient discharge plan policy that includes a process for identifying appropriate arrangements for a patient’s posttreatment housing, including, not limited to, residence with a designated family caregiver, a referral to the county behavioral health agency or another local health care or social service agency for assistance with ensuring appropriate housing, or travel arrangements for returning to the patient’s previous residence prior to being admitted to the program.
(b) All programs licensed or certified by the department shall submit a copy of the discharge plan required in subdivision (a) to the department upon initial licensure or certification and upon renewal of licensure or certification.
(c) The department may suspend or revoke the license or certification of a program for failing to submit a discharge plan in compliance with subdivision (b).

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 of 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.