California 2017 2017-2018 Regular Session

California Assembly Bill AB2315 Amended / Bill

Filed 04/02/2018

                    Amended IN  Assembly  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2315Introduced by Assembly Member Quirk-SilvaFebruary 13, 2018 An act to add Section 49418 to the Education Code, Sections 5848.3 and 14132.722 to the Welfare and Institutions Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTAB 2315, as amended, Quirk-Silva. Pupil health: mental and behavioral health care: telehealth services.(1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters by Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee various parts of the act, as specified. Under the MHSA, funds are distributed to counties to be expended pursuant to a local plan for specified purposes, including, but not limited to, prevention and early intervention of mental illness. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA.This bill would require the commission to establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers. The bill would require the commission to allocate money from the Mental Health Services Fund to purchase the telehealth technology and equipment. The bill would require the State Department of Education and the State Department of Health Care Services to work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Existing law provides that in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth, as defined.This bill would require the department to allow a licensed mental health provider that provides mental or behavioral telehealth services to pupils pursuant to the telehealth pilot program described above to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work.This bill would authorize a school district maintaining kindergarten or any of grades 1 to 12, inclusive, to partner with a health care provider to provide telehealth services, as defined, to pupils at schools of the school district.Digest Key Vote: MAJORITY2/3  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5848.3 is added to the Welfare and Institutions Code, to read:5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.SEC. 2. Section 14132.722 is added to the Welfare and Institutions Code, to read:14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.SECTION 1.Section 49418 is added to the Education Code, to read:49418.(a)A school district maintaining kindergarten or any of grades 1 to 12, inclusive, may partner with a health care provider to provide telehealth services to pupils at schools of the school district.(b)For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.

 Amended IN  Assembly  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2315Introduced by Assembly Member Quirk-SilvaFebruary 13, 2018 An act to add Section 49418 to the Education Code, Sections 5848.3 and 14132.722 to the Welfare and Institutions Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTAB 2315, as amended, Quirk-Silva. Pupil health: mental and behavioral health care: telehealth services.(1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters by Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee various parts of the act, as specified. Under the MHSA, funds are distributed to counties to be expended pursuant to a local plan for specified purposes, including, but not limited to, prevention and early intervention of mental illness. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA.This bill would require the commission to establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers. The bill would require the commission to allocate money from the Mental Health Services Fund to purchase the telehealth technology and equipment. The bill would require the State Department of Education and the State Department of Health Care Services to work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Existing law provides that in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth, as defined.This bill would require the department to allow a licensed mental health provider that provides mental or behavioral telehealth services to pupils pursuant to the telehealth pilot program described above to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work.This bill would authorize a school district maintaining kindergarten or any of grades 1 to 12, inclusive, to partner with a health care provider to provide telehealth services, as defined, to pupils at schools of the school district.Digest Key Vote: MAJORITY2/3  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  April 02, 2018

Amended IN  Assembly  April 02, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2315

Introduced by Assembly Member Quirk-SilvaFebruary 13, 2018

Introduced by Assembly Member Quirk-Silva
February 13, 2018

 An act to add Section 49418 to the Education Code, Sections 5848.3 and 14132.722 to the Welfare and Institutions Code, relating to pupil health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2315, as amended, Quirk-Silva. Pupil health: mental and behavioral health care: telehealth services.

(1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters by Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee various parts of the act, as specified. Under the MHSA, funds are distributed to counties to be expended pursuant to a local plan for specified purposes, including, but not limited to, prevention and early intervention of mental illness. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA.This bill would require the commission to establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers. The bill would require the commission to allocate money from the Mental Health Services Fund to purchase the telehealth technology and equipment. The bill would require the State Department of Education and the State Department of Health Care Services to work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Existing law provides that in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth, as defined.This bill would require the department to allow a licensed mental health provider that provides mental or behavioral telehealth services to pupils pursuant to the telehealth pilot program described above to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work.This bill would authorize a school district maintaining kindergarten or any of grades 1 to 12, inclusive, to partner with a health care provider to provide telehealth services, as defined, to pupils at schools of the school district.

(1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters by Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee various parts of the act, as specified. Under the MHSA, funds are distributed to counties to be expended pursuant to a local plan for specified purposes, including, but not limited to, prevention and early intervention of mental illness. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA.

This bill would require the commission to establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers. The bill would require the commission to allocate money from the Mental Health Services Fund to purchase the telehealth technology and equipment. The bill would require the State Department of Education and the State Department of Health Care Services to work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.

(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Existing law provides that in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth, as defined.

This bill would require the department to allow a licensed mental health provider that provides mental or behavioral telehealth services to pupils pursuant to the telehealth pilot program described above to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work.



This bill would authorize a school district maintaining kindergarten or any of grades 1 to 12, inclusive, to partner with a health care provider to provide telehealth services, as defined, to pupils at schools of the school district.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 5848.3 is added to the Welfare and Institutions Code, to read:5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.SEC. 2. Section 14132.722 is added to the Welfare and Institutions Code, to read:14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.SECTION 1.Section 49418 is added to the Education Code, to read:49418.(a)A school district maintaining kindergarten or any of grades 1 to 12, inclusive, may partner with a health care provider to provide telehealth services to pupils at schools of the school district.(b)For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.

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

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

SECTION 1. Section 5848.3 is added to the Welfare and Institutions Code, to read:5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.

SECTION 1. Section 5848.3 is added to the Welfare and Institutions Code, to read:

### SECTION 1.

5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.

5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.

5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.



5848.3. (a) (1) The commission shall establish a pilot program and provide funding for three school districts that maintain kindergarten or any of grades 1 to 12, inclusive, to purchase telehealth technology and equipment to connect pupils with mental and behavioral health providers.

(2) The three participating school districts shall be located in three different regions of the state and shall include one school district in a rural area, one school district in an urban area, and one school district in a tribal community.

(3) A participating school district shall be equipped with portable telehealth technology and equipment that enables the delivery of mental and behavioral health services, as well as provider consultation and training via live video.

(4) The commission shall allocate money from the Mental Health Services Fund to participating school districts to purchase the telehealth technology and equipment.

(b) The State Department of Education and the State Department of Health Care Services shall work jointly with the commission to develop the pilot program and to provide oversight to ensure that mental and behavioral health services are provided by licensed providers.

(c) For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.

SEC. 2. Section 14132.722 is added to the Welfare and Institutions Code, to read:14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.

SEC. 2. Section 14132.722 is added to the Welfare and Institutions Code, to read:

### SEC. 2.

14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.

14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.

14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.



14132.722. (a) The department shall allow a licensed mental health provider that provides mental or behavioral telehealth services to a pupil pursuant to the telehealth pilot program established by Section 5848.3 to receive Medi-Cal reimbursement in accordance with the Medicaid state plan.

(b) The department shall specify in the Medi-Cal Provider Manual that a school district participating in the telehealth pilot program pursuant to Section 5848.3 qualifies as an eligible originating site under Section 2290.5 of the Business and Professions Code, for purposes of Medi-Cal coverage of mental and behavioral telehealth services provided by a licensed mental health care provider.





(a)A school district maintaining kindergarten or any of grades 1 to 12, inclusive, may partner with a health care provider to provide telehealth services to pupils at schools of the school district.



(b)For purposes of this section, telehealth means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupils health care while the pupil is at a schoolsite and the health care provider is at a distant site.