Today's Law As Amended


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AB-2055 Specialty mental health services and substance use disorder treatment.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 14124.245 is added to the Welfare and Institutions Code, immediately following Section 14124.24, to read:

14124.245.
 (a) Notwithstanding subdivision (c) of Section 14124.24, the department, in consultation with the California Behavioral Health Directors Association and representatives of counties, shall design and implement an intergovernmental transfer program relating to services provided by counties under the Drug Medi-Cal Treatment Program and the Drug Medi-Cal organized delivery system to fund the nonfederal share of supplemental payments, as permitted under Section 433.51 of Title 42 of the Code of Federal Regulations or any other applicable federal Medicaid program laws, and to replace claiming based on certified public expenditures. Upon providing any intergovernmental transfer of funds, each transferring entity shall certify that the transferred funds qualify for federal financial participation pursuant to applicable federal Medicaid program laws, and in the form and manner specified by the department. The total intergovernmental transfer-funded payment amount, which includes the federal and nonfederal share, paid to a county shall be retained by the county and used for providing substance use disorder treatment under the Drug Medi-Cal Treatment Program and the Drug Medi-Cal organized delivery system.
(b) This section shall be implemented on July 1, 2021, or the date on which all necessary federal approvals have been received, whichever is later, and only to the extent intergovernmental transfers from counties are provided for this purpose.
(c) Participation in the intergovernmental transfer program under this section is voluntary on the part of the transferring entities for the purposes of all applicable federal laws.
(d) This section shall be implemented only to the extent federal financial participation is available for any reimbursement and federal financial participation is not jeopardized.
(e) If the director determines that the payments do not comply with federal Medicaid program requirements, the director shall not implement an intergovernmental transfer program and may adjust payments as necessary to comply with federal Medicaid program requirements.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section by letters, information notices, or similar instructions, without taking further regulatory action.
(g) Notwithstanding Section 10231.5 of the Government Code, by January 1, 2022, and annually thereafter, the department shall provide a status update on the implementation of this section to the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature.

SEC. 2.

 Article 3.3 (commencing with Section 14124.3) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:

Article  3.3. Behavioral Health Quality Improvement Program
14124.3.
 (a) The department shall establish, implement, and administer the Behavioral Health Quality Improvement Program to assist county mental health plans and counties that administer the Drug Medi-Cal Treatment Program or the Drug Medi-Cal organized delivery system for purposes of preparing those entities and their contracting health care providers for implementation of the behavioral health components included in the Medi-Cal Healthier California for All initiative.
(b) (1) There is hereby created in the State Treasury the Behavioral Health Quality Improvement Program Account for purposes of the Behavioral Health Quality Improvement Program. Moneys in this account shall be exclusively used to achieve the purpose of the program.
(2) The department shall determine the methodology and distribution of the moneys included in the Behavioral Health Quality Improvement Program Account to county mental health plans and counties that administer the Drug Medi-Cal Treatment Program or the Drug Medi-Cal organized delivery system that the department deems qualified.
(c) This section shall be implemented only if and to the extent that the department determines that federal financial participation is not jeopardized.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of information notices or other similar instructions, without taking regulatory action.
(e) For purposes of implementing this section, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Any contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and from the review or approval of any division of the Department of General Services.

SEC. 3.

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

14724.
 (a) Notwithstanding Sections 14708, 14718, and 14723, and subdivisions (e) and (f) of Section 14711, the department, in consultation with the California Behavioral Health Directors Association and representatives of counties, shall design and implement an intergovernmental transfer program relating to Medi-Cal specialty mental health benefits provided by county mental health plans to fund the nonfederal share of supplemental payments, as permitted under Section 433.51 of Title 42 of the Code of Federal Regulations or any other applicable federal Medicaid program laws, and to replace claiming based on certified public expenditures. Upon providing any intergovernmental transfer of funds, each transferring entity shall certify that the transferred funds qualify for federal financial participation pursuant to applicable federal Medicaid program laws, and in the form and manner specified by the department. The total intergovernmental transfer-funded payment amount, which includes the federal and nonfederal share, paid to a county shall be retained by the county and used for providing Medi-Cal specialty mental health services under the Medi-Cal Specialty Mental Health Services Program.
(b) This section shall be implemented on July 1, 2021, or the date on which all necessary federal approvals have been received, whichever is later, and only to the extent intergovernmental transfers from counties are provided for this purpose.
(c) Participation in the intergovernmental transfer program under this section is voluntary on the part of the transferring entities for the purposes of all applicable federal laws.
(d) This section shall be implemented only to the extent federal financial participation is available for any reimbursement and federal financial participation is not jeopardized.
(e) If the director determines that the payments do not comply with federal Medicaid program requirements, the director shall not implement an intergovernmental transfer program and may adjust payments as necessary to comply with federal Medicaid program requirements.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section by letters, information notices, or similar instructions, without taking further regulatory action.
(g) Notwithstanding Section 10231.5 of the Government Code, by January 1, 2022, and annually thereafter, the department shall provide a status update on the implementation of this section to the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature.