Bill Text: CA AB1550 | 2019-2020 | Regular Session | Amended
Bill Title: Discriminatory emergency calls.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-07-02 - Re-referred to Com. on PUB. S. [AB1550 Detail]
Download: California-2019-AB1550-Amended.html
Amended
IN
Senate
June 26, 2020 |
Amended
IN
Senate
June 27, 2019 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
April 30, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Introduced by Assembly Member Bonta (Coauthor: Assembly Member Wicks) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including specialty mental health services and nonspecialty mental health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
Existing law requires the department to implement managed mental health care for Medi-Cal beneficiaries through contracts with county mental health plans. Under existing law, the county mental health plans are responsible for providing specialty mental health services to enrollees.
This bill would authorize a certified crisis stabilization unit designated by a mental health plan, at the discretion of the mental health plan, to provide
medically necessary crisis stabilization services to individuals beyond the service time of 24 hours, but not for more than 48 hours, when the individual needs inpatient psychiatric care or outpatient care and inpatient psychiatric beds or outpatient services are not reasonably available. The bill would require a person who is placed under, or who is already under, a 72-hour involuntary hold because the person, as a result of a mental disorder, is a danger to themselves or others, or is gravely disabled, to be credited for the time detained at a certified crisis stabilization unit. The bill would require the department to amend its contract with a mental health plan to include a provision authorizing the provision of crisis stabilization services for more than 24 hours if the mental health plan elects to provide crisis stabilization services under these provisions. The bill would require the department to require these mental health plans to complete specified duties, including to establish, only if the plan
opts to offer extended services, treatment protocols, documentation standards, and administrative procedures, consistent with best practices and other evidence-based medicine, to be followed by a certified crisis stabilization unit for appropriate treatment to individuals who are provided crisis stabilization services for more than 24 hours. The bill would require a certified crisis stabilization unit that provides crisis stabilization services under these provisions to comply with specified requirements, including ensuring that a psychiatrist is available at all times to address psychiatric emergencies. The bill would require the department to seek any state plan amendments or waivers, or amendments to existing waivers, that are necessary to implement these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 52.35 is added to the Civil Code, immediately following Section 52.3, to read:52.35.
(a) A person may bring a civil action in any court of competent jurisdiction against any responsible party who, motivated by the persons’ race, religion, sex, or any other protected status, through the use of a “911” call knowingly causes a peace officer to arrive at a location to contact the person with the intent to do any of the following:SEC. 3.
Section 148.3 of the Penal Code is amended to read:148.3.
(a) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.SEC. 4.
Section 422.7 of the Penal Code is amended to read:422.7.
Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any right secured toSEC. 5.
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.(a)A certified crisis stabilization unit designated by a mental health plan under Article 5 (commencing with Section 14680) or this chapter, and authorized pursuant to Sections 14021.4, 14680, and 14684, may, at the discretion of the mental health plan, provide medically necessary crisis stabilization services to individuals beyond the service time of 24 hours, but not for more than 48 hours, if the individual needs inpatient psychiatric care or outpatient care and inpatient psychiatric beds or outpatient services are not reasonably available. If a person is
placed under, or is already under, a 72-hour hold pursuant to Section 5150, the person shall be credited for the time detained at a certified crisis stabilization unit addressed by this section. This section shall not be construed to encourage the placement of a 72-hour hold pursuant to Section 5150 for an individual who is at a certified crisis stabilization unit on a voluntary basis.
(b)The department shall amend its contract with a mental health plan to include a provision authorizing the provision of crisis stabilization services as described in this section if the mental health plan elects to provide crisis stabilization services pursuant to this section.
(c)The department shall require each mental health plan to
complete both of the following:
(1)Establish, only if the plan opts to offer extended services
described in this section, treatment protocols, documentation standards, and administrative procedures, consistent with best practices and other evidence-based medicine, to be followed by a certified crisis stabilization unit for appropriate treatment to individuals who are provided crisis stabilization services for more than 24 hours.
(2)(A)Report annually to the department the number of individuals receiving services beyond 24 hours, and how long each individual was served, to the nearest hour.
(B)The department shall make that information available to the public upon request in accordance with state and
federal privacy laws.
(d)A certified crisis stabilization unit that provides medically necessary crisis stabilization services to individuals for more than 24 hours shall do all of the following:
(1)Provide the basic services identified in paragraph (1) of subdivision (a) of Section 1250.2 of the Health and Safety Code.
(2)Ensure that a psychiatrist is available at all times to address psychiatric emergencies.
(3)Provide the individual
an area with suitable sleeping accommodations.
(e)The department shall seek any state plan amendments or waivers, or amendments to existing waivers, that are necessary to implement this section.