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AB-1546 Pupil health: mental health.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
AB1546:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1546


Introduced by Assembly Member Members Kiley and O’Donnell

February 22, 2019


An act to add Section 14728 to the Welfare and Institutions Code, relating to pupil health. Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


AB 1546, as amended, Kiley. Pupil health: mental health.
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, including mental health services that are provided through county mental health plans. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services, which includes screening services and other necessary services to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not the services are covered under the state plan, is covered under the Medi-Cal program for any individual under 21 years of age pursuant to federal law.
This bill would authorize a county mental health plan to contract with a local educational agency (LEA) to provide EPSDT services, including mental health assessments, and mental health, social work, and counseling services, to Medi-Cal eligible pupils. The bill would require the department to permit an LEA to make claims for federal financial participation directly to the department for EPSDT services, to examine methodologies for increasing LEA participation in the Medi-Cal program, and to seek federal approval to implement these provisions.

Existing law requires the governing board of a 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 this purpose.

This bill would state the intent of the Legislature to enact future legislation relating to pupil mental health.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 14728 is added to the Welfare and Institutions Code, immediately following Section 14727, to read:

14728.
 (a) (1) A county mental health plan may contract with a local educational agency (LEA) to provide Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services to Medi-Cal eligible pupils.
(2) For purposes of this section, “local educational agency” means a school district, a county office of education, a nonprofit charter school participating as a member of a special education local plan area, or a special education local plan area.
(3) (A) Subject to subparagraph (B), if an LEA does not contract with the county mental health plan, the department shall permit an LEA to make claims for federal financial participation directly to the department for EPSDT services either directly provided by the LEA or that the LEA has contracted for. Unless otherwise precluded by federal law, an LEA shall be reimbursed for eligible EPSDT services provided pursuant to this section.
(B) To receive federal financial participation under this paragraph, the LEA shall pay the nonfederal share of EPSDT expenditures and shall certify its public expenditures for EPSDT services to the department.
(b) (1) Services that a county mental health plan may contract with an LEA for, or that an LEA may receive federal financial participation for, shall include, but are not limited to, any of the following:
(A) Mental health assessments.
(B) Targeted case management services.
(C) Behavioral services.
(D) Mental health, social work, and counseling services.
(E) Individual and group services.
(F) Crisis intervention.
(G) Day treatment.
(H) Residential treatment.
(I) Medication support services.
(2) The Legislature does not intend for this section to authorize an LEA or a county mental health plan to knowingly provide, or submit a claim for, duplicated EPSDT services.
(c) The department shall examine methodologies for increasing LEA participation in the Medi-Cal program to encourage schools to meet the educationally related health care needs of their pupils, which shall include simplifying the claiming processes for Medi-Cal billing to the extent possible.
(d) (1) This section shall be implemented to the extent permitted by federal law.
(2) The department shall undertake all necessary activities to obtain federal financial participation for reimbursable services provided by LEAs or contracted for by LEAs under this section.
(3) (A) The department shall seek approval of any amendments to the state plan or federal waivers necessary to implement this section, in accordance with Title XIX (42 U.S.C. Sec. 1396 et seq.) of the Social Security Act. Notwithstanding any other law, this section shall be implemented only when all necessary federal approvals have been obtained, and to the extent that federal matching funds are obtained.
(B) The department shall utilize the renewal of the California Medi-Cal 2020 Demonstration, Number 11-W-00193/9, as the opportunity to seek necessary federal approval thereby streamlining the federal approval process.

SECTION 1.

It is the intent of the Legislature to enact future legislation relating to pupil mental health.