MHAC Priority Legislation

MHAC Position: Oppose

Author: Wahab

Date: 04/22/2024

Expands the ability for licensed mental health professional to place a 5150 hold on someone. “Licensed mental health professional” means a psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or a licensed professional clinical counselor who has completed all requiredsupervised clinical experience.

Read the Bill Check the Status

MHAC Position: Oppose

Author: Eggman

Date: 11/30/2022

Status: Died

LPS Act: Certification for intensive treatment: review hearing: This bill would authorize the evidence considered in the certification review hearing for a 14 day hold under the Lanterman-Petris-Short Act to include information on the person’s medical condition and how that condition bears on certifying the person as a danger to themselves or to others or as gravely disabled.

Read the Bill

MHAC Position: Watch

Author: Jones

Date: 09/29/2022

Status: Passed

Foster youth: Psychotropic Medication: This bill would require the State Department of Social Services to create an electronic health care portal, or use an existing portal, that will provide health care providers with access to the health information of a child in foster care that is included in the health and education summary and the completed and approved court forms for the administration of psychotropic medication. The foster care public health nurse would be required to update the electronic health care portal, and require the public health nurse to provide the child’s medical, dental, and mental health care information to health care providers, the child or their caregiver, and nonminor dependents as specified.

Read the Bill

MHAC Position: Watch

Author: Roth

Date: 03/10/2021

Status: Died

Medi-Cal managed care: behavioral health services: This bill would require DHCS to make incentive payments to qualifying Medi-Cal managed care plans that meet predefined goals and metrics associated with targeted interventions, rendered by school-affiliated behavioral health providers, that increase access to preventive, early intervention, and behavioral health services for children enrolled in K-12.

Read the Bill

MHAC Position: Support

Author: Wiener

Date: 09/30/2022

Status: Passed

Health care service plans: discipline: civil penalties: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law authorizes the Director of the Department of Managed Health Care to take disciplinary measures, including the imposition of civil penalties, against a licensee when the director determines that the licensee has committed an act or omission constituting grounds for disciplinary action. Under existing law, these civil penalties generally do not exceed $2500 per violation. Existing law also includes various provisions that assess specific civil and administrative penalties for certain violations. This bill would increase the base amount of the civil penalty to not less than $25,000 per violation, commencing January 1, 2024, which would be adjusted annually. The bill would multiply the amounts of other specified civil and administrative penalties by 4, commencing January 1, 2023 and would annually adjust those penalties. The bill would authorize the director to impose a corrective action plan to require future compliance with the act, under certain circumstances. If a health care service plan fails to comply with the corrective action plan in a timely manner, the bill would require the department to monitor the health care service plan through medical surveys, financial examinations, or other means necessary to ensure timely compliance.

Read the Bill

MHAC Position: Watch

Author: Glazer

Date: 04/22/2024

This bill would additionally require a referral agency to obtain a license from the State Department of Social Services in order to refer a person to a residential care facility for the elderly. The bill would prohibit an extended care facility, skilled nursing home, intermediate care facility, or residential care facility for the elderly from paying a commission or fee to a referral agency that is not licensed, as specified. The bill would prohibit a referral agency from holding any power of attorney or any other property of a person receiving referral services, or to receive or hold a client’s property in any capacity. With respect to a residential care facility for the elderly, the bill would require a referral agency to disclose specified information to each person receiving its services, and to maintain records of those disclosures for a period of 3 years, as specified. The bill would specify that a referral agency licensee would be subject to specified provisions relating to placement agencies for residential care facilities for the elderly. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would also require referral agencies to maintain liability insurance in specified amounts. The bill would also make it unlawful for an employee, independent contractor, or other person who is acting on behalf of a governmental agency, hospital, or other health care institution to offer, provide, or accept a payment, rebate, refund, commission, preference, or discount as payment, compensation, or inducement for referring patients, clients, or customers to a facility or licensee.

Read the Bill Check the Status

MHAC Position: Watch

Author: Hertzberg

Date: 09/29/2022

Status: Passed

Prisons: California Rehabilitation Oversight Board: Existing law requires the California Rehabilitation Oversight Board in the Office of the Inspector General to regularly examine the various mental health, substance abuse, educational, and employment programs for incarcerated persons and parolees under the Department of Corrections and Rehabilitation. This bill would additionally require the board to examine the department’s efforts to address the housing needs of incarcerated persons, including those with serious mental health needs, who are released to the community.

Read the Bill

MHAC Position: Watch

Author: Umberg

Date: 04/22/2024

This bill would instead require that treatment court programs be designed and operated in accordance with the “Adult Treatment Court Best Practice Standards” developed by All Rise. The bill would revise the key components to be included in treatment court programs, including requiring a system of incentives, sanctions, and service adjustments to achieve participant success. The bill would require the Judicial Council, no later than January 1, 2026, to revise the standards of judicial administration to reflect state and nationally recognized best practices and guidelines for collaborative programs including those described in these provisions.

Read the Bill Check the Status

MHAC Position: Watch

Author: Eggman

Date: 09/25/2022

Status: Passed

Community mental health services: Data Collection: Existing law requires DHCS to collect and publish annually: the number of people admitted for 72 hour holds, 14- and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, the number of individuals transferred to mental health facilities, and the number of people for whom conservatorships are established. This bill would require DHCS to also collect and publish annually quantitative information relating to, among other things, clinical outcomes for individuals placed in each type of hold, services provided in each category, waiting periods, and needs for treatment beds.

Read the Bill

MHAC Position: Watch

Author: Pan

Date: 11/30/2022

Status: Died

Prescription drug pricing: This bill would prohibit a pharmacy benefit manager from discriminating against a covered entity or its pharmacy in connection with dispensing a drug subject to federal pricing requirements or preventing a covered entity from retaining the benefit of discounted pricing for those drugs. The bill would prohibit a drug manufacturer that is subject to federal pricing requirements from imposing preconditions, limitations, delays or other barriers to the purchase of covered drugs.

Read the Bill

MHAC Position: Support

Author: Menjivar

Date: 04/22/2024

This bill would require the agency, or an entity designated by the agency, on or before July 1, 2025, to create an internet website where the public can access information and resources to support TGI individuals and their families in accessing trans-inclusive health care and other support services in the state, including, but not limited to, a general description of trans-inclusive health care, information on how to access directories of providers providing gender-affirming services, and resources for victims of hate incidents and hate crimes.The bill would require the agency to consult with specified subject matter experts and the Department of Justice in creating the internet website. The bill would also require the agency, in consultation with subject matter experts, to maintain the website and review the available information and resources to ensure the website is current and updated at reasonable intervals, but no less than once every 6 months.

Read the Bill Check the Status

MHAC Position: Watch

Author: Wiener

Date: 08/24/2022

Status: Vetoed

Behavioral health: Workforce: This bill would repeal the sections of current law which requires DHCS to establish statewide requirements for counties to use in developing programs for the certification of peer support specialists. This bill would also repeal the code sections authorizing counties to develop peer support specialist programs and instead would require DHCS, by 7/1/2023 to provide for statewide certification of peer support specialists. The bill would require California Community Colleges, the California State University, and if approved by the regents, the University of California to develop two accelerated programs of study related to degrees in social work. This bill would establish the Behavioral Health Workforce Preservation and Restoration Fund in the state treasury to stabilize the current licensed clinical behavioral health workforce by providing hiring or performance-based bonuses, salary augmentation, overtime pay, or hazard pay to licensed behavioral health professionals. The bill would also require the Department of Health Care Access to create a stipend fund for students pursuing a Masters in Social Work Degree.

Read the Bill

Related Documents

• Bill Fact Sheet
• Sample Support Letter

MHAC Position: Oppose

Author: Eggman

Date: 11/30/2022

Status: Died

Conservatorships: gravely disabled persons: Existing law, the LPS Act, authorizes a conservator to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.. Existing law requires the officer providing the conservatorship investigation to investigate all available alternatives to conservatorship and to recommend conservatorship to the court only if no suitable alternatives are available. Existing law requires the officer to render to the court a written report of the investigation prior to the hearing. This report must be comprehensive and must contain all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. Existing law states that the court may receive the report in evidence and may read and consider the contents of the report. This bill requires the court to both receive the report into evidence and to consider the contents of the report in rendering its judgment. This bill also requires the officer to include in the report information about the historical course of the person’s mental disorder and adherence to prior treatment plans if the officer determines that this information has

Read the Bill

MHAC Position: Watch

Author: Eggman

Date: 08/23/2022

Status: Died

Notes: Feb 2022: Oppose May 2022: Moved to Watch due to amendments

MHSA: accountability and planning: This bill would amend the Mental Health Services Act to require counties to submit 5-year program and expenditure plans (currently required every 3 years) and annual updates. This bill would require the California Health and Human Services Agency, by July 1, 2024, to establish the California MHSA Outcomes and Accountability Review (MHSA-OAR), consisting of performance indicators, county self-assessments, and county MHSA improvement plans, to facilitate a local accountability system that fosters continuous quality improvement in county programs funded by the MHSA and in the collection and dissemination by the department of best practices in service delivery. The bill would require HHS to convene a workgroup to establish a workplan by which the MHSA-OAR shall be conducted. The bill would require counties to execute and fulfill components of its MHSA system improvement plan that can be accomplished with existing resources. The bill would require HHS to report to the Legislature annually a summary of county performance on the established process and outcome measures, analysis of county performance trends over time, and makes recommendations for common MHSA services improvements identified. Amended to also eliminate the requirement in the MHSA that 20% of MHSA funds must be used for PEI, and eliminate the requirement that 5% of funds must be used for INN beginning with the 2024-2025 fiscal year.

Read the Bill

Related Documents

• Bill Fact Sheet

MHAC Position: Support

Author: Padilla

Date: 04/26/2024

This bill would require the office, on or before January 1, 2027, to update the State Emergency Plan to include proposed policies and best practices for local government and nongovernmental entities to equitably serve LGBTQ+ communities during an emergency or natural disaster. The bill would require the office to coordinate with specified representatives from LGBTQ+ communities in complying with this requirement and would make related findings and declarations.

Read the Bill Check the Status