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AB-2393 Mental health.(2017-2018)

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Date Published: 06/22/2018 09:00 PM
AB2393:v97#DOCUMENT

Enrolled  June 22, 2018
Passed  IN  Senate  June 14, 2018
Passed  IN  Assembly  June 21, 2018
Amended  IN  Senate  May 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2393


Introduced by Committee on Health (Assembly Members Wood (Chair), Maienschein (Vice Chair), Aguiar-Curry, Burke, Carrillo, Flora, Nazarian, Rodriguez, Santiago, Steinorth, and Waldron)

February 14, 2018


An act to amend Section 5709 of the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2393, Committee on Health. Mental health.
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law provides that specialty mental health services are covered under the Medi-Cal program for eligible Medi-Cal beneficiaries and coverage for those services is provided through mental health managed care plans.
Existing law, the Bronzan-McCorquodale Act, contains provisions governing the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law provides for reimbursements through the Medi-Cal program for mental health services to Medi-Cal eligible individuals receiving mental health services from county mental health programs, among other funding sources for community mental health services. Existing law requires, regardless of the funding source involved, fees to be charged in accordance with the ability to pay for specialty mental health services rendered, but not in excess of actual costs, as specified.
This bill would instead prohibit a county from charging fees for Medi-Cal specialty mental health services to Medi-Cal beneficiaries who do not have a share of cost and Medi-Cal beneficiaries who have met their share of cost, and would authorize a county to charge fees to individuals who are not Medi-Cal beneficiaries and Medi-Cal beneficiaries who have a share of cost that has not been met, in accordance with the patient’s ability to pay for community mental health services rendered, but not in excess of actual costs. The bill would also specify that these provisions shall not be construed to waive a county’s responsibility to screen for eligibility for Medi-Cal, any other insurance affordability program, or a county health program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 5709 of the Welfare and Institutions Code is amended to read:

5709.
 (a) A county shall not charge fees for Medi-Cal specialty mental health services to Medi-Cal beneficiaries who do not have a share of cost and Medi-Cal beneficiaries who have met their share of cost pursuant to Section 14005.9. Regardless of the funding source involved, a county may charge fees to individuals who are not Medi-Cal beneficiaries and Medi-Cal beneficiaries who have a share of cost that has not been met, in accordance with their ability to pay for community mental health services rendered, but not in excess of actual costs in accordance with Section 14708.
(b) This section shall not be construed to waive a county’s responsibility to screen for eligibility for Medi-Cal, any other insurance affordability program, or a county health program.