Bill Text: CA AB2242 | 2021-2022 | Regular Session | Amended
Bill Title: Mental health services.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 867, Statutes of 2022. [AB2242 Detail]
Download: California-2021-AB2242-Amended.html
Amended
IN
Senate
August 25, 2022 |
Amended
IN
Senate
August 11, 2022 |
Amended
IN
Senate
June 27, 2022 |
Amended
IN
Senate
June 13, 2022 |
Amended
IN
Assembly
May 19, 2022 |
Amended
IN
Assembly
April 21, 2022 |
Amended
IN
Assembly
April 18, 2022 |
Amended
IN
Assembly
March 24, 2022 |
Introduced by Assembly Members Santiago and Friedman (Principal (Coauthor: Senator Eggman) |
February 16, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the commission to develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data, as specified. The bill would require counties to report to the commission its expenses in specific categories, including, but not limited to, inpatient care or intensive outpatient services, as well as their unspent funding from all major funding sources. By imposing new reporting requirements on counties, this bill would impose a state-mandated local program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5014 is added to the Welfare and Institutions Code, to read:5014.
(a) To the extent otherwise permitted under state and federal law and consistent with the Mental Health Services Act, both of the following apply for purposes of Article 1 (commencing with Section 5150) and Article 4 (commencing with Section 5250) of Chapter 2 and Chapter 3 (commencing with Section 5350):SEC. 2.
Section 5152 of the Welfare and Institutions Code is amended to read:5152.
(a) A person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon as possible after the person is admitted and shall receive whatever treatment and care the person’s condition requires for the full period that they are held. The person shall be released before 72 hours have elapsed only if the psychiatrist directly responsible for the person’s treatment believes, as a result of the psychiatrist’s personal observations, that the person no longer requires evaluation or treatment. However, in those situations in which both a psychiatrist and psychologist have personally evaluated or examined a person who is placed under a 72-hour hold and there is a collaborative treatment relationship between the psychiatrist and psychologist, either the psychiatrist or psychologist may authorize the release of the person from the hold, but only after they have consulted with one another. In the event of a clinical or professional disagreement regarding the early release of a person who has been placed under a 72-hour hold, the hold shall be maintained unless the facility’s medical director overrules the decision of the psychiatrist or psychologist opposing the release. Both the psychiatrist and psychologist shall enter their findings, concerns, or objections into the person’s medical record. If any other professional person who is authorized to release the person believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the medical director is not a psychiatrist, the medical director shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of the psychiatrist’s personal observations, that the person no longer requires evaluation or treatment.SEC. 3.
Section 5257.5 is added to the Welfare and Institutions Code, to read:5257.5.
(a) A care coordination plan shall be developed by, at a minimum, the individual, the facility, the county behavioral health department, the health care payer, if different from the county, and any other individuals designated by the individual as appropriate, and shall be provided to the individual before their discharge. The care coordination plan shall include a first followup appointment with an appropriate behavioral health professional. The appointment information shall be provided to the individual before their release. In no event may the individual be involuntarily held based on the requirements of this subdivision beyond when they would otherwise qualify for release. All care and treatment after release shall be voluntary.SEC. 4.
Section 5361 of the Welfare and Institutions Code is amended to read:5361.
(a) Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court. The period of service of a temporary conservator shall not be included in the one-year period. When the conservator has been appointed as conservator of the estate, the conservator shall, for a reasonable time, continue to have the authority over the estate that the superior court, on petition by the conservator, deems necessary for (1) the collection of assets or income that accrued during the period of conservatorship, but were uncollected before the date of termination, (2) the payment of expenses that accrued during period of conservatorship and of which the conservator was notified prior to termination, but were unpaid before the date of termination, and (3) the completion of sales of real property when the only act remaining at the date of termination is the actual transfer of title.SEC. 5.
Section 5402.5 is added to the Welfare and Institutions Code, to read:5402.5.
(a) On or before(a)The Mental Health Services Oversight and Accountability Commission shall develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data. The framework shall, at minimum, do all of the following:
(1)Include balances of all major, relevant funding sources, including balances of unspent MHSA funds. Funding shall include specificity about how counties spend funds within the broad MHSA categories, including, but not limited to, how funds support specific types of services such as crisis intervention or housing programs.
(2)Articulate information about the programs and services counties provide and the populations they serve, statewide and for each county, using those funds.
(3)Report broader outcomes that show the extent to which the state’s entire mental health system is helping people in need.
(b)To develop the framework required in subdivision (a), the commission shall do all of the following:
(1)Consult with state and local mental health authorities to develop and implement the framework.
(2)Consider utilizing available data and information when developing the reporting framework. The commission may obtain relevant data and information from other state entities for this purpose.
(3)Develop categories of mental health programs and services that are tailored to inform assessments of spending patterns.
(4)Develop statewide measurements of mental health and report publicly about those measurements annually on the commission’s internet website.
(5)Work with counties and other state and local agencies, as necessary, to use the information the commission collects to improve mental health in California.
(c)Each county shall report to the commission its expenses in specific categories, including, but not limited to, inpatient
care or intensive outpatient services, as well as their unspent funding from all major funding sources. Reporting shall be done in a format prescribed by the commission.