14132.191.
(a) With regard to early and periodic screening, diagnosis, diagnostic, and treatment services and behavioral health services that are medically necessary, as described in Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 22 of the United States Code, Section 14059.5, and subdivision (v) of Section 14132, the California Health and Human Services Agency, under the oversight of the Governor,
Secretary of California Health and Human Services or their designee, shall convene the Children’s Behavioral Health Action Team to maximize the Medi-Cal program’s investment in the social, emotional, and developmental health and well-being of children in California who receive their health care through the Medi-Cal program.(b) The Action Team shall commence its first meeting by March 30, 2020. Thereafter, the Action Team shall meet no less frequently than once per month, at the call of the chair or cochairs, cochair, and at a time and location convenient to the public.
(c) The Action Team shall
be composed of no fewer than 30 individuals. All members shall be appointed by the Secretary of California Health and Human Services and shall consist of the following:
(1) At least five individuals with lived experience with behavioral health needs who have received behavioral health services through one or more public social service systems in California, including parents of youth who have received behavioral health services through one or more public social service systems in California.
(2)A staff member of the Governor.
(2) The Secretary of California Health and Human Services or their designee.
(3) The Director of Health Care Services or their designee.
(4) The Director of Social Services or their designee.
(5) The California Surgeon General or their designee.
(6) The Director of Managed Health Care or their designee.
(7) The State Superintendent of Public Instruction or their designee.
(8) The Director of the Department of Corrections or their designee.
(9) The
Director of Developmental Services or their designee.
(10) The Director of Public Health or their designee.
(11) The Chair of the Mental Health Services Oversight and
Accountability Commission or their designee.
(12) A cochair of the Child Welfare Council or their designee.
(13) The President of the State Board of Education or their designee.
(14)The Director of the County Behavioral Health Directors Association or their designee.
(14) The Chair of the Special Education Local Plan Area Administrators of California or their designee.
(15) The Executive
Director of the County Behavioral Health Directors Association of California, or their designee, and one representative each from a small, medium, and large county. The following definitions apply for purposes of this paragraph:
(A) “Small county” means a county that has a population of less than 200,000 residents.
(B) “Medium county” means a county that has a population between 200,000 and 1,000,000 residents.
(C) “Large county” means a county that has a population in excess of 1,000,000 residents.
(15)
(16) The Director of the County Welfare Directors Association
of California or their designee.
(16)
(17) The President of the Chief Probation Officers of California or their designee.
(17)
(18) The President of the First 5 Association of California or their designee.
(18)
(19) At least two representatives from community-based
behavioral health agencies.
(19)
(20) At least one representative from the juvenile court system.
(20)
(21) At least two additional leaders and representatives of other stakeholder individuals, organizations, or associations with behavioral health, health,
education, or children’s services expertise. This may include child or parent advocacy organizations, health consumer advocacy organizations, pediatricians, health care providers, tribal representatives, and others.
(d) (1) The chair of the Action Team shall be a staff member of the Governor with extensive knowledge of the children’s behavioral health system and public social services in California. the Secretary of California Health and Human Services or their designee.
(2) The chair shall
appoint a cochair from among the members of the Action Team.
(2)
(3) The chair and cochair shall oversee the responsibilities of the Action Team.
(e) The Action Team may appoint consultants to advise on any of the priorities described in subdivision (g). These consultants may represent any specialized area of expertise, including lived experience with behavioral health needs who have received behavioral health services
through one or more public social service systems.
(f) Action Team members shall serve without compensation, with the exception of youth with lived experience with behavioral health needs who have received behavioral health services through one or more public social service systems or their family members. The qualified youth or their family members that serve on the Action Team shall be entitled to compensation for their time and reimbursement for all actual and necessary expenses incurred in the performance of their duties.
(g) (1) The Action Team shall be responsible for developing and reporting findings and recommendations to the Governor, the Legislature, state and local child-serving departments, and the public. The findings and recommendations shall
be delivered as an interim report by September 30, 2020, and as a final report no later than March 30, 2021. This report shall include, but not be limited to, findings and recommendations related to the following priorities:
(A) Identifying opportunities for the state to better ensure Medi-Cal eligible children receive behavioral health services through the Medi-Cal program, and to maximize the federal, state, and local funding to pay for the benefits and services needed to uphold California’s commitment to the healthy development of all children.
(B) Identifying opportunities to maximize the scope of available Medicaid program-funded services and supports available to children and families in alignment with federal regulations, including behavioral health strategies
and supports that address social, economic, and environmental determinants of health.
(C) Identifying specific mechanisms to include youth and families with lived experience with behavioral health needs who have received services through one or more public social service systems in the design, delivery and evaluation of behavioral health services and strategies, and exploring emerging best practices, including peer provider models.
(D) Assessing the availability and amount of local and state nonfederal revenue across public social service systems that can be used as the nonfederal share of a Medi-Cal program transaction to provide behavioral health services and supports to children.
(E) Developing recommendations for the use
of alternative contracts and payment arrangements, such as those related to mental health plans that serve Medi-Cal beneficiaries, that promote and maximize federal funds and collaborative purchasing among public social services to improve access to coordinated and integrated care, including coordination between physical and behavioral health payers.
(F) Identifying the limitations of Medicaid program funding, such as when the Medi-Cal program cannot pay for services or supports, and alternative sources of federal and nonfederal revenue that can be leveraged to provide individual and community-level behavioral health strategies and supports that mitigate the impact of adverse childhood experiences and adverse community experiences.
(2) The requirement for
submitting reports imposed under this subdivision is inoperative on March 30, 2025, pursuant to Section 10231.5 of the Government Code.
(3) Reports to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(h) (1) By September 30, 2021, the Action Team shall submit a final implementation plan to the Governor, the Legislature, state and local child-serving departments, and the public, detailing implementation strategies related to the recommendations identified in subdivision (g). The implementation plan may identify a range of implementation strategies, but, at a minimum, shall address all of the following:
(A) Legislative action needed to direct state and local child-serving departments to maximize early and periodic screening, diagnosis, diagnostic, and treatment services for eligible children who receive health care under the Medi-Cal program, and any additional gaps in the children’s behavioral health system as identified by the Action Team.
(B) Medicaid State Plan amendments and waivers necessary to implement recommendations, to maximize early and periodic screening, diagnosis, diagnostic, and
treatment services for Medi-Cal eligible children, and to address any additional gaps in the children’s behavioral health system, as identified by the Action Team.
(C) Additional appropriations by the Legislature that may be needed to implement Action Team findings, and, if needed, a recommendation to the Department of Finance and legislative budget committees concerning the appropriation.
(2) The final implementation plan to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(i) All state agencies on the Action Team shall provide data concerning access to, and receipt of, behavioral health services in their respective systems, maintained or contracted for by
any state or local department, agency, or court that serves children, youth, and families. The data shall be population-specific for purposes of identifying trends and disparities in access to behavioral health treatment and supports. Information shared shall be subject to state and federal confidentiality laws and regulations.
(j) The Action Team shall disband upon submission of its final implementation plan to the Governor, the Legislature, state and local child-serving departments, and the public.
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.