Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1124Introduced by Assembly Member LowFebruary 15, 2023 An act to amend Section 11795 of add Section 1345.6 to the Health and Safety Code, relating to public health. health care.LEGISLATIVE COUNSEL'S DIGESTAB 1124, as amended, Low. Alcohol and drug Department of Managed Health Care: employee assistance programs. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees.This bill would require the department to create a report that examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs and the significance and impact of excepted-benefit regulations, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the departments public internet website no later than June 30, 2024.Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Even before the pandemic, our nation was facing a mental health crisis. Regardless of race, ethnicity, gender, religion, sexual orientation, education, or income, mental health disorders do not discriminate. The problem is now so pervasive in the United States that 44,000,000 adults have a mental health disorder.(b) One-half of all mental illness develops by 14 years of age and three-quarters by 24 years of age. Early intervention and prevention of behavioral health conditions are critical to the success of an individuals health, educational goals, and social relationships.(c) The state has made significant strides to preserve both the incentives for providers to offer their services and for the patients to be able to access the important mental health care they need, but more work needs to be done.(d) Many employers have stepped up to provide support for their employees by increasing the availability and accessibility of behavioral health benefits, whether in-person or virtually.(e) One part of the solution is ensuring access to remotely available and immediate resources through employee assistance programs (EAPs).(f) The United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration explains the importance of EAPs, stating they help employees with personal problems in part by helping them identify and address a wide range of health, financial, and social issues, including mental or substance use disorders, and by offering services and resources to help people with assessments, referrals to treatment, and short-term counseling.(g) All federal executive branch agencies are required to make EAPs available, according to the United States Office of Personnel Management. Approximately 44 percent of employers with more than 100 employees and 25 percent of worksites with 15 to 99 employees, inclusive, also offered EAPs or similar health promotion programs to their employees as of 2019, according to a study by the American Journal of Health Promotion.(h) There is an urgent need in the health care landscape for models that can provide high-quality and cost-effective mental health resources, but current state health care law and regulation regarding EAPs do not meet the urgent need for accessible, quality, short-term mental health care options. The law needs review and updating to ensure that the state can take advantage of new technology and improved opportunities for Californias employers and working families to receive timely and effective treatment.SEC. 2. Section 1345.6 is added to the Health and Safety Code, to read:1345.6. (a) The department shall create a report that does all of the following:(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.SECTION 1.Section 11795 of the Health and Safety Code is amended to read:11795.(a)The board of supervisors of each county may apply to the department for funds for the purpose of alleviating problems in its county that are related to alcohol abuse and other drug use. This part applies only to counties receiving state or federal funds allocated by the department under this part.(b)The department shall coordinate state and local alcohol and other drug abuse prevention, care, treatment, and rehabilitation programs. It is the intent of the Legislature that the department and the counties maintain a cooperative partnership to ensure effective implementation of this chapter.(c)The Legislature grants responsibility to the county to administer and coordinate all county alcohol and other drug programs funded under this part. County alcohol and other drug programs shall account to the board of supervisors and to the state for their effective implementation. The county shall establish its own priorities for alcohol and other drug programs funded under this part, except with respect to funds that are allocated to the county for federally required programs and services.
Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1124Introduced by Assembly Member LowFebruary 15, 2023 An act to amend Section 11795 of add Section 1345.6 to the Health and Safety Code, relating to public health. health care.LEGISLATIVE COUNSEL'S DIGESTAB 1124, as amended, Low. Alcohol and drug Department of Managed Health Care: employee assistance programs. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees.This bill would require the department to create a report that examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs and the significance and impact of excepted-benefit regulations, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the departments public internet website no later than June 30, 2024.Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1124
Introduced by Assembly Member LowFebruary 15, 2023
Introduced by Assembly Member Low
February 15, 2023
An act to amend Section 11795 of add Section 1345.6 to the Health and Safety Code, relating to public health. health care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1124, as amended, Low. Alcohol and drug Department of Managed Health Care: employee assistance programs.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees.This bill would require the department to create a report that examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs and the significance and impact of excepted-benefit regulations, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the departments public internet website no later than June 30, 2024.Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs.This bill would make technical, nonsubstantive changes to those provisions.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees.
This bill would require the department to create a report that examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs and the significance and impact of excepted-benefit regulations, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the departments public internet website no later than June 30, 2024.
Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Even before the pandemic, our nation was facing a mental health crisis. Regardless of race, ethnicity, gender, religion, sexual orientation, education, or income, mental health disorders do not discriminate. The problem is now so pervasive in the United States that 44,000,000 adults have a mental health disorder.(b) One-half of all mental illness develops by 14 years of age and three-quarters by 24 years of age. Early intervention and prevention of behavioral health conditions are critical to the success of an individuals health, educational goals, and social relationships.(c) The state has made significant strides to preserve both the incentives for providers to offer their services and for the patients to be able to access the important mental health care they need, but more work needs to be done.(d) Many employers have stepped up to provide support for their employees by increasing the availability and accessibility of behavioral health benefits, whether in-person or virtually.(e) One part of the solution is ensuring access to remotely available and immediate resources through employee assistance programs (EAPs).(f) The United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration explains the importance of EAPs, stating they help employees with personal problems in part by helping them identify and address a wide range of health, financial, and social issues, including mental or substance use disorders, and by offering services and resources to help people with assessments, referrals to treatment, and short-term counseling.(g) All federal executive branch agencies are required to make EAPs available, according to the United States Office of Personnel Management. Approximately 44 percent of employers with more than 100 employees and 25 percent of worksites with 15 to 99 employees, inclusive, also offered EAPs or similar health promotion programs to their employees as of 2019, according to a study by the American Journal of Health Promotion.(h) There is an urgent need in the health care landscape for models that can provide high-quality and cost-effective mental health resources, but current state health care law and regulation regarding EAPs do not meet the urgent need for accessible, quality, short-term mental health care options. The law needs review and updating to ensure that the state can take advantage of new technology and improved opportunities for Californias employers and working families to receive timely and effective treatment.SEC. 2. Section 1345.6 is added to the Health and Safety Code, to read:1345.6. (a) The department shall create a report that does all of the following:(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.SECTION 1.Section 11795 of the Health and Safety Code is amended to read:11795.(a)The board of supervisors of each county may apply to the department for funds for the purpose of alleviating problems in its county that are related to alcohol abuse and other drug use. This part applies only to counties receiving state or federal funds allocated by the department under this part.(b)The department shall coordinate state and local alcohol and other drug abuse prevention, care, treatment, and rehabilitation programs. It is the intent of the Legislature that the department and the counties maintain a cooperative partnership to ensure effective implementation of this chapter.(c)The Legislature grants responsibility to the county to administer and coordinate all county alcohol and other drug programs funded under this part. County alcohol and other drug programs shall account to the board of supervisors and to the state for their effective implementation. The county shall establish its own priorities for alcohol and other drug programs funded under this part, except with respect to funds that are allocated to the county for federally required programs and services.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Even before the pandemic, our nation was facing a mental health crisis. Regardless of race, ethnicity, gender, religion, sexual orientation, education, or income, mental health disorders do not discriminate. The problem is now so pervasive in the United States that 44,000,000 adults have a mental health disorder.(b) One-half of all mental illness develops by 14 years of age and three-quarters by 24 years of age. Early intervention and prevention of behavioral health conditions are critical to the success of an individuals health, educational goals, and social relationships.(c) The state has made significant strides to preserve both the incentives for providers to offer their services and for the patients to be able to access the important mental health care they need, but more work needs to be done.(d) Many employers have stepped up to provide support for their employees by increasing the availability and accessibility of behavioral health benefits, whether in-person or virtually.(e) One part of the solution is ensuring access to remotely available and immediate resources through employee assistance programs (EAPs).(f) The United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration explains the importance of EAPs, stating they help employees with personal problems in part by helping them identify and address a wide range of health, financial, and social issues, including mental or substance use disorders, and by offering services and resources to help people with assessments, referrals to treatment, and short-term counseling.(g) All federal executive branch agencies are required to make EAPs available, according to the United States Office of Personnel Management. Approximately 44 percent of employers with more than 100 employees and 25 percent of worksites with 15 to 99 employees, inclusive, also offered EAPs or similar health promotion programs to their employees as of 2019, according to a study by the American Journal of Health Promotion.(h) There is an urgent need in the health care landscape for models that can provide high-quality and cost-effective mental health resources, but current state health care law and regulation regarding EAPs do not meet the urgent need for accessible, quality, short-term mental health care options. The law needs review and updating to ensure that the state can take advantage of new technology and improved opportunities for Californias employers and working families to receive timely and effective treatment.
SECTION 1. The Legislature finds and declares all of the following:(a) Even before the pandemic, our nation was facing a mental health crisis. Regardless of race, ethnicity, gender, religion, sexual orientation, education, or income, mental health disorders do not discriminate. The problem is now so pervasive in the United States that 44,000,000 adults have a mental health disorder.(b) One-half of all mental illness develops by 14 years of age and three-quarters by 24 years of age. Early intervention and prevention of behavioral health conditions are critical to the success of an individuals health, educational goals, and social relationships.(c) The state has made significant strides to preserve both the incentives for providers to offer their services and for the patients to be able to access the important mental health care they need, but more work needs to be done.(d) Many employers have stepped up to provide support for their employees by increasing the availability and accessibility of behavioral health benefits, whether in-person or virtually.(e) One part of the solution is ensuring access to remotely available and immediate resources through employee assistance programs (EAPs).(f) The United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration explains the importance of EAPs, stating they help employees with personal problems in part by helping them identify and address a wide range of health, financial, and social issues, including mental or substance use disorders, and by offering services and resources to help people with assessments, referrals to treatment, and short-term counseling.(g) All federal executive branch agencies are required to make EAPs available, according to the United States Office of Personnel Management. Approximately 44 percent of employers with more than 100 employees and 25 percent of worksites with 15 to 99 employees, inclusive, also offered EAPs or similar health promotion programs to their employees as of 2019, according to a study by the American Journal of Health Promotion.(h) There is an urgent need in the health care landscape for models that can provide high-quality and cost-effective mental health resources, but current state health care law and regulation regarding EAPs do not meet the urgent need for accessible, quality, short-term mental health care options. The law needs review and updating to ensure that the state can take advantage of new technology and improved opportunities for Californias employers and working families to receive timely and effective treatment.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Even before the pandemic, our nation was facing a mental health crisis. Regardless of race, ethnicity, gender, religion, sexual orientation, education, or income, mental health disorders do not discriminate. The problem is now so pervasive in the United States that 44,000,000 adults have a mental health disorder.
(b) One-half of all mental illness develops by 14 years of age and three-quarters by 24 years of age. Early intervention and prevention of behavioral health conditions are critical to the success of an individuals health, educational goals, and social relationships.
(c) The state has made significant strides to preserve both the incentives for providers to offer their services and for the patients to be able to access the important mental health care they need, but more work needs to be done.
(d) Many employers have stepped up to provide support for their employees by increasing the availability and accessibility of behavioral health benefits, whether in-person or virtually.
(e) One part of the solution is ensuring access to remotely available and immediate resources through employee assistance programs (EAPs).
(f) The United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration explains the importance of EAPs, stating they help employees with personal problems in part by helping them identify and address a wide range of health, financial, and social issues, including mental or substance use disorders, and by offering services and resources to help people with assessments, referrals to treatment, and short-term counseling.
(g) All federal executive branch agencies are required to make EAPs available, according to the United States Office of Personnel Management. Approximately 44 percent of employers with more than 100 employees and 25 percent of worksites with 15 to 99 employees, inclusive, also offered EAPs or similar health promotion programs to their employees as of 2019, according to a study by the American Journal of Health Promotion.
(h) There is an urgent need in the health care landscape for models that can provide high-quality and cost-effective mental health resources, but current state health care law and regulation regarding EAPs do not meet the urgent need for accessible, quality, short-term mental health care options. The law needs review and updating to ensure that the state can take advantage of new technology and improved opportunities for Californias employers and working families to receive timely and effective treatment.
SEC. 2. Section 1345.6 is added to the Health and Safety Code, to read:1345.6. (a) The department shall create a report that does all of the following:(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.
SEC. 2. Section 1345.6 is added to the Health and Safety Code, to read:
### SEC. 2.
1345.6. (a) The department shall create a report that does all of the following:(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.
1345.6. (a) The department shall create a report that does all of the following:(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.
1345.6. (a) The department shall create a report that does all of the following:(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.
1345.6. (a) The department shall create a report that does all of the following:
(1) Examines and analyzes limitations to employee access to behavioral health treatment for employee assistance programs (EAPs) under Section 1300.43.14 of Title 28 of the California Code of Regulations.
(2) Examines and analyzes the significance and impact of excepted-benefit regulations promulgated by the United States Department of Labor for EAPs under the Employee Retirement Income Security Act of 1974 (Public Law 93-406) (ERISA), as amended (29 U.S.C. Sec. 1001 et seq.) since the passage of the Affordable Care Act.
(3) Makes findings and recommendations regarding EAPs and potential improvements for California workers based on the departments analysis of paragraphs (1) and (2).
(b) The department may coordinate with the State Department of Health Care Services Mental Health Services Division to develop its analysis and report.
(c) The department shall issue the report required by this section to the President pro Tempore of the Senate, the Speaker of the Assembly, the Senate Committee on Health, and the Assembly Committee on Health and post the report on the departments public internet website no later than June 30, 2024.
(a)The board of supervisors of each county may apply to the department for funds for the purpose of alleviating problems in its county that are related to alcohol abuse and other drug use. This part applies only to counties receiving state or federal funds allocated by the department under this part.
(b)The department shall coordinate state and local alcohol and other drug abuse prevention, care, treatment, and rehabilitation programs. It is the intent of the Legislature that the department and the counties maintain a cooperative partnership to ensure effective implementation of this chapter.
(c)The Legislature grants responsibility to the county to administer and coordinate all county alcohol and other drug programs funded under this part. County alcohol and other drug programs shall account to the board of supervisors and to the state for their effective implementation. The county shall establish its own priorities for alcohol and other drug programs funded under this part, except with respect to funds that are allocated to the county for federally required programs and services.