Today's Law As Amended


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AB-1450 Behavioral health: behavioral health and wellness screenings: notice.(2023-2024)



As Amends the Law Today


SECTION 1.

 Article 12.7 (commencing with Section 840) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read:

Article  12.7. Behavioral Health and Wellness Screening Notices
840.
 For purposes of this article, the following definitions apply:
(a) “Behavioral health and wellness screening” means a screening, test, or assessment to identify indicators or symptoms of behavioral health issues in an individual, including, but not limited to, depression or anxiety.
(b) “Physician and surgeon” includes a physician and surgeon licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California under the Osteopathic Act.
841.
 (a) A physician and surgeon shall provide to each legal guardian of a patient, 10 to 18 years of age, at least once every two years, a written or electronic notice regarding the benefits of a behavioral health and wellness screening.
(b) The physician and surgeon shall provide notice in the preferred method of the legal guardian, including, but not limited to, any of the following:
(1) A hard copy mailed to the legal guardian.
(2) A hard copy provided to the legal guardian in person at a visit.
(3) An electronic transmission including, but not limited to, text message or email.
(c) The notices shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.

SEC. 2.

 Section 1259.7 is added to the Health and Safety Code, to read:

1259.7.
 (a) Beginning January 1, 2025, a general acute care hospital shall establish and adopt written policies and procedures to provide to each legal guardian of a patient, 10 to 18 years of age, a written or electronic notice regarding the benefits of a behavioral health and wellness screening. “Behavioral health and wellness screening” has the same meaning as defined in Section 840 of the Business and Professions Code.
(b) The procedures established pursuant to this section shall accomplish all of the following:
(1) Notice shall be provided in the preferred method of the legal guardian, including, but not limited to, a hard copy sent by mail or given in person at a visit, or by an electronic transmission such as text message or email.
(2) The notice shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(c) After the adoption of written policies and procedures pursuant to subdivision (a), a general acute care hospital shall routinely provide notice, at least once every two years, in compliance with those policies and procedures.

SEC. 3.

 Section 1368.017 is added to the Health and Safety Code, to read:

1368.017.
 (a) (1) A health care service plan shall provide to each legal guardian of an enrollee, 10 to 18 years of age, a written or electronic notice regarding the benefits of a behavioral health and wellness screening.
(2) “Behavioral health and wellness screening” has the same meaning as defined in Section 840 of the Business and Professions Code.
(b) A health care service plan shall provide notice in the preferred method of the legal guardian, including, but not limited to, a hard copy sent by mail or given in person at a visit, or by an electronic transmission including, but not limited to, text message or email.
(c) The notice shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(d) A health care service plan shall provide notice pursuant to this section at least once every two years.

SEC. 4.

 Section 10123.1991 is added to the Insurance Code, to read:

10123.1991.
 (a) (1) A health care service plan shall provide to each legal guardian of an insured, 10 to 18 years of age, a written or electronic notice regarding the benefits of a behavioral health and wellness screening.
(2) “Behavioral health and wellness screening” has the same meaning as defined in Section 840 of the Business and Professions Code.
(b) A health care service plan shall provide notice in the preferred method of the legal guardian, including, but not limited to, a hard copy sent by mail or given in person at a visit, or by an electronic transmission including, but not limited to, text message or email.
(c) The notice shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(d) A health care service plan shall provide notice pursuant to this section at least once every two years.

SEC. 5.

 Section 14190.1 of the Welfare and Institutions Code is amended to read:

14190.1.
 (a) Subject to subdivision (b), and no later than January 1, 2025, a Medi-Cal managed care plan shall conduct annual outreach and education for its enrollees, based on a plan that the Medi-Cal managed care plan develops and submits to the department upon the department’s approval of the Medi-Cal managed care plan’s Population Needs Assessment, regarding the mental health benefits that are covered by the Medi-Cal managed care plan pursuant to Section 14189 and paragraph (1) of subdivision (b) of Section 14184.402.
(1) The outreach and education plan shall be informed by the Medi-Cal managed care plan’s stakeholder engagement, including the community advisory committee established by the Medi-Cal managed care plan, and by local stakeholders representing diverse racial and ethnic communities.
(2) The outreach and education plan shall be informed by the Medi-Cal managed care plan’s Population Needs Assessment and an assessment of utilization of covered mental health benefits by race, ethnicity, language, age, sexual orientation, gender identity, and disability, and shall ensure that materials and messaging are appropriate for the diversity of the plan enrollee membership. The Medi-Cal managed care plan shall submit the utilization assessment to the department.
(3) The outreach and education plan shall meet cultural and linguistic appropriateness standards, in alignment with the National Standards for Culturally and Linguistically Appropriate Services, shall incorporate best practices in stigma reduction, and shall provide multiple points of contact for enrollees to access mental health benefits.
(4) (A) The outreach and education plan shall provide written or electronic notice to each legal guardian of an enrollee, 10 to 18 years of age, regarding the benefits of a behavioral health and wellness screening.
(B) “Behavioral health and wellness screening” has the same meaning as defined in Section 840 of the Business and Professions Code.
(C) The Medi-Cal managed care plan shall meet all of the following requirements:
(i) The notice shall include information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(ii) The Medi-Cal managed care plan shall provide notice in the preferred method of the legal guardian, including, but not limited to, a hard copy sent by mail or given in person at a visit, or by an electronic transmission including, but not limited to, text message or email.
(iii) The Medi-Cal managed care plan shall provide notice pursuant to this paragraph at least once every two years.
(b) (1) The department shall review the new or updated outreach and education plan submitted by each Medi-Cal managed care plan as described in this section and shall approve or modify the plan within 180 calendar days since submission, to ensure appropriate local stakeholder engagement, alignment with the Population Needs Assessment, and cultural and linguistic appropriateness.
(2) Implementation of a Medi-Cal managed care plan’s outreach and education plan described in this section shall be subject to approval by the department pursuant to paragraph (1).
(3) Each Medi-Cal managed care plan shall publicly post, on its internet website and in an accessible manner, its approved outreach and education plan and its utilization assessment described in paragraph (2) of subdivision (a), excluding any personally identifiable information.
(c) The department shall consult with stakeholders representative of diverse racial and ethnic communities, including, but not limited to, consumer advocates, mental health stigma reduction experts, community-based organizations, and Medi-Cal managed care plan stakeholders, to develop the standards by which outreach and education plans will be reviewed and approved.
(d) Approval standards may include, but are not limited to, any of the following:
(1) Outreach and education methods that include, but are not limited to, online outreach, mail, telephone, partnerships with community-based organizations, partnerships with primary care providers, and use of navigators, community health workers, and other providers trained to conduct outreach and education.
(2) Alignment of the culturally and linguistically tailored outreach and education strategies with the National Standards for Culturally and Linguistically Appropriate Services, utilization assessment and Population Needs Assessment.
(3) Inclusion of consumer-friendly information in existing member-facing communication channels, including the Medi-Cal managed care plan’s internet website.
(4) An independent evaluation plan to assess and improve outreach to enrollees related to nonspecialty mental health services upon the department’s approval of a Medi-Cal managed care plan’s Population Needs Assessment.
(e) A Medi-Cal managed care plan shall also conduct annual outreach and education, based on a plan that the Medi-Cal managed care plan develops, to inform primary care providers regarding the mental health benefits covered by the Medi-Cal managed care plan pursuant to Section 14189 and paragraph (1) of subdivision (b) of Section 14184.402.
(f) 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 all-county letters, plan letters, provider bulletins, information notices, or other similar guidance, until any necessary regulations are adopted.
(g) 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. Contracts 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, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
SEC. 6.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.