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SB-749 Mental health program oversight: county reporting.(2021-2022)



Current Version: 07/08/21 - Amended Assembly

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SB749:v97#DOCUMENT

Revised  August 26, 2021
Amended  IN  Assembly  July 08, 2021
Amended  IN  Senate  May 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 749


Introduced by Senators Glazer and Eggman
(Coauthors: Senators Nielsen, Rubio, and Wiener)
(Coauthor: Assembly Member Arambula)

February 19, 2021


An act to add Section 5845.7 to the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


SB 749, as amended, Glazer. Mental health program oversight: county reporting.
Existing law provides for various mental and behavioral health programs that are administered by the counties. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the provisions of the MHSA and review the county plans for MHSA spending. Existing law requires the State Department of Health Care Services, in consultation with the commission and other entities, to develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report, which identifies and evaluates county mental health programs funded by the MHSA.
This bill would require, to the extent the Legislature makes an appropriation for these provisions, the commission, in consultation with state and local mental health authorities, to create a comprehensive tracking program for county spending on mental and behavioral health programs and services, as specified, including funding sources, funding utilization, and outcome data at the program, service, and statewide levels. The bill would require each county to report specified data for the preceding fiscal year to the commission on or before July 31 of each year. to the commission in a manner and on a timeline determined by the commission. The bill would require the commission, no later than January 1, 2023, to submit a progress report to the Governor’s office and the Legislature. The bill would also require the commission to report the results of the county reporting for the preceding fiscal year to the Governor’s office and the Legislature on or before September 1 of each year, on or before January 1, 2024, and annually thereafter on a date determined by the commission, and to publish that information on its internet website in a location accessible to the public. The bill would require the commission to promulgate regulations, but would authorize the commission to implement these provisions by all-county letter until final regulations are adopted. By requiring additional reporting from the counties to the extent these provisions are implemented, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 5845.7 is added to the Welfare and Institutions Code, to read:

5845.7.
 (a) The commission, in consultation with state and local mental health authorities, shall create a comprehensive tracking program for county spending on mental and behavioral health programs and services, including funding sources, funding utilization, and outcome data at the program, service, and statewide levels.
(b) As part of the program required in subdivision (a), the commission shall do all of the following:
(1) Explore available data and information when developing the reporting framework, and obtain relevant data and information from other state entities.
(2) Develop categories of mental health programs and services tailored to inform assessments of spending patterns. These programs and services may include, but are not limited to, the following:
(A) Emergency services.
(B) Inpatient care.
(C) Intensive outpatient services.
(D) Basic social supports.
(E) General outpatient services.
(F) Community wellness supports.
(G) Outreach and education.
(3) Develop statewide measurements of mental health and report publicly about those measurements annually so that stakeholders and policymakers can assess the progress the state is making in addressing mental health needs.
(c) On or before July 31 of each year, each Each county shall report to the commission, in a manner to be determined by the commission, and on a timeline to be determined by the commission, all of the following for the preceding fiscal year: following:
(1) The expenditures in each of the major categories established in paragraph (2) of subdivision (b).
(2) Unspent funding that was dedicated to mental and behavioral health programs and services, from all major sources.
(3) Program- and service-level outcomes that enable stakeholders to determine whether the county’s use of funds benefits individuals living with mental illnesses. These outcomes may include, but not be limited to, all of the following:
(A) For emergency services: the response time of first responders, emergency room wait time and length of stay, and the frequency and timeliness of linkage to subsequent services.
(B) For inpatient care; the availability of beds and the timeliness of placement by facility type, medication compliance, and the frequency and timeliness of linkage to subsequent services.
(C) For intensive outpatient services: the population served and the population with unmet needs, medication compliance, and the incidences of hospitalization, incarceration, and other negative outcomes.
(D) For basic support services: the population served and the population with unmet needs, the average length of stay for housing and shelter, and the frequency and timeliness of linkage to concurrent or subsequent services.
(E) For general outpatient services: the population served and the population with unmet needs, the frequency and timeliness of linkage to concurrent or subsequent services, medication compliance when applicable, and incidences of hospitalization, incarceration, and other negative outcomes.
(F) For community wellness supports: the population served and the population with unmet needs, the frequency and timeliness of linkage to concurrent or subsequent services, and client-reported wellness and satisfaction with programs and supports.
(G) For outreach and education: the population served or affected by outreach and education efforts, the impact of those efforts on individuals’ engagement with treatment, and community awareness of, and attitude toward, available services.
(d) (1) (A) The commission shall, no later than January 1, 2023, submit a progress report to the Governor’ office and the Legislature on its efforts to create and implement the county reporting required by this section.

(d)(1)On or

(B) On or before September 1 of each year, January 1, 2024, and annually thereafter on a date determined by the commission, the commission shall report to the Governor’s office and the Legislature the results of the county reporting required by this section. section for the preceding fiscal year. The report shall also be posted on the commission’s internet website in an area accessible to the public.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(e) The commission shall promulgate regulations to ensure compliance with this section by the counties. Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the commission may implement any requirements through all-county letters, without taking regulatory action, until final regulations are adopted.

(e)

(f) This section shall be implemented only to the extent the Legislature makes an appropriation for these provisions.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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REVISIONS:
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