Amended IN Senate April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1238Introduced by Senator EggmanFebruary 17, 2022 An act to add Section 5610.5 to Chapter 3 (commencing with Section 5962) to Part 7 of Division 5 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTSB 1238, as amended, Eggman. Behavioral health services: existing and projected needs.Existing law, the Children and Youth Behavioral Health Initiative Act, requires the State Department of Health Care Services to procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer. Existing law authorizes the department to award competitive grants to expand the community continuum of behavioral health treatment resources.This bill would require the department, commencing January 1, 2024, and at least every 5 years thereafter, to conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state. The bill would require the department to consult with the council of governments, cities, counties, and cities and counties regarding the assumptions and methodology to be used by the department, and would require local governments to provide specified data for the region. By adding to the duties of local governments, 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 the statutory provisions noted above.Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law further provides that the mission of Californias mental health system is to enable persons experiencing severe and disabling mental illnesses and children with serious emotional disturbances to access services and programs that assist them, in a manner tailored to each individual, to better control their illness, to achieve their personal goals, and to develop skills and supports leading to their living the most constructive and satisfying lives possible in the least restrictive available settings.This bill would require the State Department of Health Care Services, in consultation with each council of governments, to determine the existing and projected need for behavioral health services for each region in a specified manner and would require, as part of that process, councils of governments to provide the department-specified data. The bill would authorize a council of governments, within 30 days following notice of the determination from the department, to file with the department an objection to the departments determination of the regions existing and projected behavioral health need. The bill would require the department to make a final written determination of the regions existing and projected behavioral needs within 45 days of receiving an object. By adding to the duties of councils of governments, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 3 (commencing with Section 5962) is added to Part 7 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 3. Behavioral Health Continuum Planning5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(9) School-based behavioral health services.(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.(d) For the purposes of this section:(1) Council on governments has the same meaning as in Section 65582 of the Government Code.(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.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.SECTION 1.Section 5610.5 is added to the Welfare and Institutions Code, to read:5610.5.(a)The State Department of Health Care Services, in consultation with each council of governments, where applicable, shall determine the existing and projected need for behavioral health services, for each region, in the following manner:(1)The departments determination shall be based upon population projections produced by the Department of Finance, incidence of behavioral health issues within the region, including serious emotional disturbance among children and serious mental illness among adults, frequency of referrals for assisted outpatient treatment, frequency of psychiatric holds under Article 1 (commencing with Section 5150) of Chapter 1 of Part 1, frequency and duration of conservatorships under Chapter 3 (commencing with Section 5350) of Part 1, and an inventory of the continuum of behavioral health services provided by the county behavioral health department.(2)Prior to developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. The council of governments shall provide behavioral health service access and utilization data for the region, including, but not limited to, the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(A)Prevention and wellness services for mental health and substance use issues, including, but not limited to, services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(B)Outpatient services, including a variety of traditional clinical outpatient services such as individual and group therapy and ambulatory detoxification services.(C)Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(D)Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(E)Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(F)Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(G)Crisis services, including, but not limited to, a range of services and supports such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(H)Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(I)School-based behavioral health services.(3)The department may accept or reject the information provided by the council of governments or modify its own assumptions or methodology based on the information provided. After consultation with the council of governments, the department shall make determinations, in writing, on the assumptions for each of the factors listed in paragraph (2) and the methodology it will use to determine the regions behavioral health needs and shall provide these determinations to the council of governments.(4)(A)After consultation with the council of governments, the department shall make a determination of the regions existing and projected behavioral health need based upon the assumptions and methodology determined pursuant to paragraph (3). Within 30 days following notice of the determination from the department, the council of governments may file with the department an objection to the departments determination of the regions existing and projected behavioral health need.(B)An objection shall be based on, and shall provide substantiation of, either of the following:(i)The department failed to base its determination on the data for the region. If an objection is filed under this clause, the council of governments shall identify the data it believes should instead be used for the determination and explain the basis for its rationale.(ii)The regional behavioral health need determined by the department is not a reasonable application of the methodology and assumptions determined pursuant to paragraph (3). If an object is filed under this clause, it shall include a proposed alternative determination of its regional behavioral health need based upon the determinations made in paragraph (3), including analysis of why the proposed alternative would be a more reasonable application of the methodology and assumptions determined pursuant to paragraph (3).(C)If a council of governments files an objection pursuant to this paragraph and includes with the objection a proposed alternative determination of its regional behavioral health need, it shall also include documentation of its basis for the alternative determination. Within 45 days of receiving an objection filed pursuant to this section, the department shall consider the objection and make a final written determination of the regions existing and projected behavioral health need that includes an explanation of the information upon which the determination was made.(b)For the purposes of this section, council on governments has the same meaning as in Section 65582 of the Government Code.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.
Amended IN Senate April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1238Introduced by Senator EggmanFebruary 17, 2022 An act to add Section 5610.5 to Chapter 3 (commencing with Section 5962) to Part 7 of Division 5 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTSB 1238, as amended, Eggman. Behavioral health services: existing and projected needs.Existing law, the Children and Youth Behavioral Health Initiative Act, requires the State Department of Health Care Services to procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer. Existing law authorizes the department to award competitive grants to expand the community continuum of behavioral health treatment resources.This bill would require the department, commencing January 1, 2024, and at least every 5 years thereafter, to conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state. The bill would require the department to consult with the council of governments, cities, counties, and cities and counties regarding the assumptions and methodology to be used by the department, and would require local governments to provide specified data for the region. By adding to the duties of local governments, 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 the statutory provisions noted above.Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law further provides that the mission of Californias mental health system is to enable persons experiencing severe and disabling mental illnesses and children with serious emotional disturbances to access services and programs that assist them, in a manner tailored to each individual, to better control their illness, to achieve their personal goals, and to develop skills and supports leading to their living the most constructive and satisfying lives possible in the least restrictive available settings.This bill would require the State Department of Health Care Services, in consultation with each council of governments, to determine the existing and projected need for behavioral health services for each region in a specified manner and would require, as part of that process, councils of governments to provide the department-specified data. The bill would authorize a council of governments, within 30 days following notice of the determination from the department, to file with the department an objection to the departments determination of the regions existing and projected behavioral health need. The bill would require the department to make a final written determination of the regions existing and projected behavioral needs within 45 days of receiving an object. By adding to the duties of councils of governments, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate April 18, 2022
Amended IN Senate April 18, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1238
Introduced by Senator EggmanFebruary 17, 2022
Introduced by Senator Eggman
February 17, 2022
An act to add Section 5610.5 to Chapter 3 (commencing with Section 5962) to Part 7 of Division 5 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1238, as amended, Eggman. Behavioral health services: existing and projected needs.
Existing law, the Children and Youth Behavioral Health Initiative Act, requires the State Department of Health Care Services to procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer. Existing law authorizes the department to award competitive grants to expand the community continuum of behavioral health treatment resources.This bill would require the department, commencing January 1, 2024, and at least every 5 years thereafter, to conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state. The bill would require the department to consult with the council of governments, cities, counties, and cities and counties regarding the assumptions and methodology to be used by the department, and would require local governments to provide specified data for the region. By adding to the duties of local governments, 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 the statutory provisions noted above.Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law further provides that the mission of Californias mental health system is to enable persons experiencing severe and disabling mental illnesses and children with serious emotional disturbances to access services and programs that assist them, in a manner tailored to each individual, to better control their illness, to achieve their personal goals, and to develop skills and supports leading to their living the most constructive and satisfying lives possible in the least restrictive available settings.This bill would require the State Department of Health Care Services, in consultation with each council of governments, to determine the existing and projected need for behavioral health services for each region in a specified manner and would require, as part of that process, councils of governments to provide the department-specified data. The bill would authorize a council of governments, within 30 days following notice of the determination from the department, to file with the department an objection to the departments determination of the regions existing and projected behavioral health need. The bill would require the department to make a final written determination of the regions existing and projected behavioral needs within 45 days of receiving an object. By adding to the duties of councils of governments, 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 the statutory provisions noted above.
Existing law, the Children and Youth Behavioral Health Initiative Act, requires the State Department of Health Care Services to procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer. Existing law authorizes the department to award competitive grants to expand the community continuum of behavioral health treatment resources.
This bill would require the department, commencing January 1, 2024, and at least every 5 years thereafter, to conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state. The bill would require the department to consult with the council of governments, cities, counties, and cities and counties regarding the assumptions and methodology to be used by the department, and would require local governments to provide specified data for the region. By adding to the duties of local governments, 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 the statutory provisions noted above.
Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law further provides that the mission of Californias mental health system is to enable persons experiencing severe and disabling mental illnesses and children with serious emotional disturbances to access services and programs that assist them, in a manner tailored to each individual, to better control their illness, to achieve their personal goals, and to develop skills and supports leading to their living the most constructive and satisfying lives possible in the least restrictive available settings.
This bill would require the State Department of Health Care Services, in consultation with each council of governments, to determine the existing and projected need for behavioral health services for each region in a specified manner and would require, as part of that process, councils of governments to provide the department-specified data. The bill would authorize a council of governments, within 30 days following notice of the determination from the department, to file with the department an objection to the departments determination of the regions existing and projected behavioral health need. The bill would require the department to make a final written determination of the regions existing and projected behavioral needs within 45 days of receiving an object. By adding to the duties of councils of governments, 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 the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 3 (commencing with Section 5962) is added to Part 7 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 3. Behavioral Health Continuum Planning5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(9) School-based behavioral health services.(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.(d) For the purposes of this section:(1) Council on governments has the same meaning as in Section 65582 of the Government Code.(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.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.SECTION 1.Section 5610.5 is added to the Welfare and Institutions Code, to read:5610.5.(a)The State Department of Health Care Services, in consultation with each council of governments, where applicable, shall determine the existing and projected need for behavioral health services, for each region, in the following manner:(1)The departments determination shall be based upon population projections produced by the Department of Finance, incidence of behavioral health issues within the region, including serious emotional disturbance among children and serious mental illness among adults, frequency of referrals for assisted outpatient treatment, frequency of psychiatric holds under Article 1 (commencing with Section 5150) of Chapter 1 of Part 1, frequency and duration of conservatorships under Chapter 3 (commencing with Section 5350) of Part 1, and an inventory of the continuum of behavioral health services provided by the county behavioral health department.(2)Prior to developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. The council of governments shall provide behavioral health service access and utilization data for the region, including, but not limited to, the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(A)Prevention and wellness services for mental health and substance use issues, including, but not limited to, services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(B)Outpatient services, including a variety of traditional clinical outpatient services such as individual and group therapy and ambulatory detoxification services.(C)Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(D)Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(E)Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(F)Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(G)Crisis services, including, but not limited to, a range of services and supports such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(H)Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(I)School-based behavioral health services.(3)The department may accept or reject the information provided by the council of governments or modify its own assumptions or methodology based on the information provided. After consultation with the council of governments, the department shall make determinations, in writing, on the assumptions for each of the factors listed in paragraph (2) and the methodology it will use to determine the regions behavioral health needs and shall provide these determinations to the council of governments.(4)(A)After consultation with the council of governments, the department shall make a determination of the regions existing and projected behavioral health need based upon the assumptions and methodology determined pursuant to paragraph (3). Within 30 days following notice of the determination from the department, the council of governments may file with the department an objection to the departments determination of the regions existing and projected behavioral health need.(B)An objection shall be based on, and shall provide substantiation of, either of the following:(i)The department failed to base its determination on the data for the region. If an objection is filed under this clause, the council of governments shall identify the data it believes should instead be used for the determination and explain the basis for its rationale.(ii)The regional behavioral health need determined by the department is not a reasonable application of the methodology and assumptions determined pursuant to paragraph (3). If an object is filed under this clause, it shall include a proposed alternative determination of its regional behavioral health need based upon the determinations made in paragraph (3), including analysis of why the proposed alternative would be a more reasonable application of the methodology and assumptions determined pursuant to paragraph (3).(C)If a council of governments files an objection pursuant to this paragraph and includes with the objection a proposed alternative determination of its regional behavioral health need, it shall also include documentation of its basis for the alternative determination. Within 45 days of receiving an objection filed pursuant to this section, the department shall consider the objection and make a final written determination of the regions existing and projected behavioral health need that includes an explanation of the information upon which the determination was made.(b)For the purposes of this section, council on governments has the same meaning as in Section 65582 of the Government Code.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 3 (commencing with Section 5962) is added to Part 7 of Division 5 of the Welfare and Institutions Code, to read: CHAPTER 3. Behavioral Health Continuum Planning5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(9) School-based behavioral health services.(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.(d) For the purposes of this section:(1) Council on governments has the same meaning as in Section 65582 of the Government Code.(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.
SECTION 1. Chapter 3 (commencing with Section 5962) is added to Part 7 of Division 5 of the Welfare and Institutions Code, to read:
### SECTION 1.
CHAPTER 3. Behavioral Health Continuum Planning5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(9) School-based behavioral health services.(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.(d) For the purposes of this section:(1) Council on governments has the same meaning as in Section 65582 of the Government Code.(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.
CHAPTER 3. Behavioral Health Continuum Planning5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(9) School-based behavioral health services.(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.(d) For the purposes of this section:(1) Council on governments has the same meaning as in Section 65582 of the Government Code.(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.
CHAPTER 3. Behavioral Health Continuum Planning
CHAPTER 3. Behavioral Health Continuum Planning
5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.(9) School-based behavioral health services.(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.(d) For the purposes of this section:(1) Council on governments has the same meaning as in Section 65582 of the Government Code.(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.
5962. (a) Commencing on January 1, 2024, and at least every five years thereafter, the State Department of Health Care Services shall conduct a review of the current and projected behavioral health care infrastructure and service needs in each region of the state.
(b) Before developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments, cities, counties, and cities and counties, regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. Local governments shall provide behavioral health service access and utilization data for the region, including the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:
(1) Prevention and wellness services for mental health and substance use issues, including services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.
(2) Outpatient services, including a variety of traditional clinical outpatient services, such as individual and group therapy and ambulatory detoxification services.
(3) Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.
(4) Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.
(5) Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.
(6) Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.
(7) Crisis services, including a range of services and supports, such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.
(8) Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.
(9) School-based behavioral health services.
(c) The report shall also include barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum.
(d) For the purposes of this section:
(1) Council on governments has the same meaning as in Section 65582 of the Government Code.
(2) Region means Superior California, North Coast, San Francisco Bay Area, Northern San Joaquin Valley, Central Coast, Southern San Joaquin Valley, Inland Empire, Los Angeles County, Orange County, and San Diego-Imperial, as designated by the United States Census Bureau.
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.
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.
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.
### SEC. 2.
(a)The State Department of Health Care Services, in consultation with each council of governments, where applicable, shall determine the existing and projected need for behavioral health services, for each region, in the following manner:
(1)The departments determination shall be based upon population projections produced by the Department of Finance, incidence of behavioral health issues within the region, including serious emotional disturbance among children and serious mental illness among adults, frequency of referrals for assisted outpatient treatment, frequency of psychiatric holds under Article 1 (commencing with Section 5150) of Chapter 1 of Part 1, frequency and duration of conservatorships under Chapter 3 (commencing with Section 5350) of Part 1, and an inventory of the continuum of behavioral health services provided by the county behavioral health department.
(2)Prior to developing the existing and projected behavioral health need for a region, the department shall meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the regions behavioral health needs. The council of governments shall provide behavioral health service access and utilization data for the region, including, but not limited to, the total number of beds or slots, total utilization, and unmet need, in all of the following service categories:
(A)Prevention and wellness services for mental health and substance use issues, including, but not limited to, services, activities, and assessments that help identify individuals at risk of a mental health or substance use disorder; support for communities, families, and individuals in coping with stress and trauma; dissemination of information on ways to promote resiliency; and discouragement of risky behaviors.
(B)Outpatient services, including a variety of traditional clinical outpatient services such as individual and group therapy and ambulatory detoxification services.
(C)Peer and recovery services delivered in the community that can be provided by individuals with lived experience, including young adults and family members.
(D)Community supports, including flexible services designed to enable individuals to remain in their homes and participate in their communities, such as supportive housing, case management, supported employment, and supported education.
(E)Intensive outpatient treatment services, including services such as full-service partnerships, assertive community treatment (ACT), and substance use intensive outpatient services that are delivered using a multidisciplinary approach to support individuals living with higher acuity behavioral health needs.
(F)Residential treatment provided on a short-term basis to divert individuals from, or as a step down from, intensive services.
(G)Crisis services, including, but not limited to, a range of services and supports such as crisis call centers, mobile crisis services, and crisis residential services that assess, stabilize, and treat individuals experiencing acute distress who may require hospitalization.
(H)Intensive treatment services that are provided in structured, facility-based settings to individuals who require 24-hours-a-day, seven-days-a-week care, including inpatient psychiatric treatment and clinically managed inpatient services.
(I)School-based behavioral health services.
(3)The department may accept or reject the information provided by the council of governments or modify its own assumptions or methodology based on the information provided. After consultation with the council of governments, the department shall make determinations, in writing, on the assumptions for each of the factors listed in paragraph (2) and the methodology it will use to determine the regions behavioral health needs and shall provide these determinations to the council of governments.
(4)(A)After consultation with the council of governments, the department shall make a determination of the regions existing and projected behavioral health need based upon the assumptions and methodology determined pursuant to paragraph (3). Within 30 days following notice of the determination from the department, the council of governments may file with the department an objection to the departments determination of the regions existing and projected behavioral health need.
(B)An objection shall be based on, and shall provide substantiation of, either of the following:
(i)The department failed to base its determination on the data for the region. If an objection is filed under this clause, the council of governments shall identify the data it believes should instead be used for the determination and explain the basis for its rationale.
(ii)The regional behavioral health need determined by the department is not a reasonable application of the methodology and assumptions determined pursuant to paragraph (3). If an object is filed under this clause, it shall include a proposed alternative determination of its regional behavioral health need based upon the determinations made in paragraph (3), including analysis of why the proposed alternative would be a more reasonable application of the methodology and assumptions determined pursuant to paragraph (3).
(C)If a council of governments files an objection pursuant to this paragraph and includes with the objection a proposed alternative determination of its regional behavioral health need, it shall also include documentation of its basis for the alternative determination. Within 45 days of receiving an objection filed pursuant to this section, the department shall consider the objection and make a final written determination of the regions existing and projected behavioral health need that includes an explanation of the information upon which the determination was made.
(b)For the purposes of this section, council on governments has the same meaning as in Section 65582 of the Government Code.
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.