Bill Text: CA AB1808 | 2009-2010 | Regular Session | Amended

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Bill Title: Medi-Cal: mental health services: foster children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB1808 Detail]

Download: California-2009-AB1808-Amended.html

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BILL NUMBER: AB 1808	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 10, 2010

   An act to add Section 5777.8 to the Welfare and Institutions Code,
relating to foster children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1808, as amended, Galgiani. Medi-Cal: mental health 
services.   services: foster children. 
   Existing law requires the State Department of Mental Health to
implement managed mental health care for Medi-Cal beneficiaries
through fee-for-service or capitated rate contracts with mental
health plans, including individual counties, counties acting jointly,
any qualified individual or organization, or a nongovernmental
entity. Under existing law, this may include the provision of
specialty mental health services to children in foster care.
   Existing law requires the State Department of Mental Health to
create a standardized contract, service authorization procedure, and
set of documentation standards and forms, and to use these items to
facilitate the receipt of medically necessary specialty mental health
services by a foster child who is placed outside of his or her
county of original jurisdiction, as specified. In addition, existing
law requires the California Health and Human Services Agency to
coordinate the efforts of the State Department of Mental Health and
the State Department of Social Services for the performance of
designated duties with respect to implementing these provisions,
including establishing informational materials for foster care
providers and county child welfare agencies, as specified.
   This bill would require that when a child is placed in foster care
outside of the county of original jurisdiction, the county in which
the child is placed shall be responsible for ensuring that the child
receives  medically necessary specialty  mental health
services, and any adjustments in the administration of the Medi-Cal
program shall be made, to ensure that the funding applicable to the
mental health services for that child is received by the new county
of residence. 
   This bill would also require the California Child Welfare Council
and other stakeholders to document the problems an out-of-county
foster child faces when seeking mental health services in the host
county and provide solutions in a report to the Legislature by
January 1, 2012. 
   To the extent that this bill would impose new duties on county
child welfare departments in connection with the provision of 
medically necessary specialty  mental health services to foster
children, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5777.8 is added to the Welfare and Institutions
Code, to read:
   5777.8.   (a)    When a child is
placed in foster care outside of the county of original
jurisdiction, the county in which the child is placed shall be
responsible for ensuring that the child receives  medically
necessary specialty  mental health services, and any adjustments
in the administration of the Medi-Cal program shall be made, to
ensure that the funding applicable to the mental health services for
that child is received by the new county of residence. 
   (b) The California Child Welfare Council and other stakeholders
shall document the problems an out-of-county foster child faces when
seeking mental health services in the host county and provide
solutions in a report to the Legislature by January 1, 2012.

  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.