CALIFORNIA UCP LEGISLATIVE UPDATE
SEPTEMBER 17, 2002 - Tuesday evening

STATUS OF MENTAL HEALTH RELATED BILLS:
CROWD RALLIES OUTSIDE CAPITOL TODAY URGING VETO OF AB 1421
GOVERNOR VETOES AB 2296 AND AB 2740

A large crowd gathered outside the north steps of the State Capitol today (September 17) urging Governor Davis to veto AB 1421 by Assemblywoman Helen Thomson (D-Davis), a measure dealing with involuntary mental health treatments pilot projects.  That bill, along with many other measures - including several key budget related ("trailer") bills are still pending action by the Governor. The Governor has until September 30 to sign, veto or allow the bills to become law without his signature.

The Governor did veto (on September 15) two bills relating to mental health, AB 2296 relating to a study of simplifying mental health reporting requirements, and AB 2740 mental health state and county plans for children.

A key measure by Sen. Deborah Ortiz (D-Sacramento) SB 1911, that deals with home and community based mental health services for children, is still pending action by the Governor.  Please see UCP Legislative Alert if interested in writing letters of support for this legislation.

Below are bills relating to mental health that the Legislature acted on during the final two weeks of August 2002 and most current action and analysis by UCP (listed in bill number order). This report replaces earlier update on mental health bills:

AB 470 - MENTAL HEALTH/INVOLUNTARY CONFINEMENT (PSYCHOLOGISTS)
AUTHOR: Assemblywoman Judy Chu (D-Monterey Park)
MOST CURRENT ACTION: DIED in Assembly on 8/29/02.
NEXT STEPS: DEAD - no further on this bill.
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 8/26/02): Permits licensed psychologists (in addition to pyschiatrists)to release patients they are treating, before the end of a maximum time period for involuntary commitment, if the person no longer requires involuntary confinement for evaluation or treatment. Provides that its provisions shall not revise or expand the scope of practice, as defined, of psychologists.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: IF the bill WAS approved, there would have been obvious impact for those people who are subjected to involuntary confinement.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE WORKERS: No direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: No direct immediate impact.

AB 1421 - MENTAL HEALTH/INVOLUNTARY TREATMENT
AUTHOR: Assemblywoman Helen Thomson (D-Davis)
MOST CURRENT STATUS: As of 9/17/02, no action yet from Governor. Passed Assembly on 8/29/02 by a vote of 73-4, approved amendments made in the Senate. Passed Senate on 8/28/02 by a vote of 27-8.
NEXT STEPS: Governor has until September 30 to approve, veto or allow the bill to
become law without his signature.
LAST AMENDED: 8/26/02
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 8/26/02): Enacts the Assisted Outpatient Treatment Demonstration Project Act of 2002, which would create an assisted outpatient treatment program for any person who is suffering from a mental disorder and meets certain criteria.  Would operate in counties that choose to provide the services. The Demonstration Project would end on January 1, 2008. The program involves the delivery of community based care by multidisciplinary teams of mental health professionals with staff-to-client ratios of not more than 1 to 10, and additional services, for persons with the most persistent and severe mental illness.  Specifies requirements for the petition alleging the necessity of treatment, various rights of the person who is the subject of the petition, and hearing procedures. Provides for settlement agreements as an alternative to the hearing process. Provides that if the person who is the subject of the petition fails to comply with outpatient treatment, despite efforts to solicit compliance, a licensed mental health treatment provider may request that the person be placed under a 72-hour hold based on an involuntary commitment. Requires each county operating an outpatient treatment program to provide data to the Department of Mental Health, with a report to the Legislature.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: Very significant direct impact for people in those counties that choose to implement a demonstration project, IF the Governor approves this bill.  The issue of involuntary treatment was intensely debated on the Senate Floor in August, including Sen. Wes Chesbro, who spoke out against the measure.  There were protests to the bill mounted by a large crowd of advocates and family members in front of the State Capitol on September 17 - urging the Governor to veto the bill.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: If the bill is approved, uncertain direct impact to those providers in counties that choose to participate in the demonstration project.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: Significant - though there is divided opinion on whether this bill helps or hurts implementation.

AB 1422 - MENTAL HEALTH TRAINING AND ADVOCACY
AUTHOR: Assemblywoman Helen Thomson (D-Davis)
MOST CURRENT STATUS: As of 9/17/02, no action yet from Governor. Passed Assembly on 8/29/02 by a vote of 66-11, approved amendments made in the Senate. Passed Senate on 8/28/02 by a vote of 22-7.
NEXT STEPS: Governor has until September 30 to approve, veto or allow the bill to
become law without his signature.
LAST AMENDED: 8/26/02
WHAT THIS BILL DOES (Reflects Most Recent Amendments 8/26/02: Creates the California Mental Health Advocacy Commission, composed of 13 members, and would
require the commission to perform various duties for five years to promote improved access to mental health services and combat stigma and discrimination against people with mental illness.  The commission would be funded exclusively through private sources. Members include the Attorney General, the Superintendent of Public Instruction, and the Secretaries of Health and Human Services, and Business, Transportation and Housing, and several members of the public appointed by the Governor and Legislature.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL ILLNESS: If enacted, this bill would probably have no direct significant impact on outreach, awareness, services and supports initially.  Because the commission has no regulatory function, its eventual impact may depend on makeup of the commission's public members and how aggressive they are in pushing the commission
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: No immediate direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: IF the Governor approves this bill, the Commission could have some uncertain impact (somewhat dependent on the makeup of the commission itself)

AB 2057 - MENTAL HEALTH SERVICES (INTEGRATED SERVICES FOR HOMELESS ADULTS)
AUTHOR: Assemblyman Darrell Steinberg (D-Sacramento)
MOST CURRENT STATUS: APPROVED by Governor Davis 9/3/02.
NEXT STEPS: Take effect on January 1, 2003.
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 6/28/02): Requires the Department of Mental Health to include in its annual evaluation report to the Legislature on the effectiveness of the Integrated Services for Homeless Adults (ISHA) program additional information relating to persons enrolled in Medi-Cal. Provides that, to the extent that savings associated with providing integrated services for the mentally ill are identified, it is the intent of the Legislature to capture those savings in order to provide integrated services to more adults.
IMPACT ON PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: No direct initial impact as this bill compiles Medi-Cal information that could lead to savings of state funds that can then be used for integrated services to more adults with mental illnesses.
IMPACT ON VENDORS/PROVIDERS/DIRECT CARE STAFF: No immediate direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: No immediate direct impact - though legislative intent for integrated services for more homeless adults IF enacted could have some impact.

AB 2296 - MENTAL HEALTH: SIMPLIFICATION OF ACCOUNTING/REPORTING REQUIREMENTS
AUTHOR: Assemblyman Joe Simitian (D-Palo Alto)
MOST CURRENT STATUS: VETOED by Governor Davis 9/15/02.
VETO MESSAGE FROM GOVERNOR: "I am returning Assembly Bill 2296 without my signature...This bill would result in costs to the DMH [Department of Mental Health], and potentially the Department of Alcohol and Drug Programs, to establish a workgroup, review mental health services reporting procedures, and report recommendations to the Legislature.  While this bill would make its provisions subject the availability of resources already appropriated by the annual Budget Act, it would create pressure for the DMH to absorb unfunded workload.  This is especially true since the bill requires that the DMH complete its work and submit a final report to the Legislature no later than January 1, 2004.  Funds are not included in the budget for these activities.  Furthermore, the pending elimination of vacant positions pursuant to the proposed budget and recent reductions to the DMH support budget likely will reduce the ability of the DMH to absorb the new duties within existing resources."
NEXT STEPS: Bill is DEAD unless (unlikely) Legislature chooses to override veto.
WHAT THIS BILL DOES (Reflects Most Recent Amendments 8/20/02): Requires the Department of Mental Health, in consultation with affected parties, to examine reporting requirements for various mental health programs and to convene a workgroup to make recommendations to modify these requirements to reduce unnecessary paperwork. Would require the workgroup to report to the Legislature its recommendations no later than January 1, 2004, including recommendations for statutory changes necessary to reduce unnecessary and duplicative reporting requirements.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: No direct immediate impact since the bill was a study bill.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: Potential future impact - if the bill WAS approved, in reducing unnecessary (and costly) paperwork.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: No direct impact.

AB 2740 - MENTAL HEALTH/STATE AND COUNTY PLANS FOR CHILDREN
AUTHOR: Assemblywoman Wilma Chan (D-Oakland)
MOST CURRENT STATUS: VETOED by Governor Davis 9/15/02.
VETO MESSAGE FROM GOVERNOR: "I am returning Assembly Bill 2740 without my signature...The $150,000 General Fund contained in the 2002-03 budget for the purpose of this bill was vetoed because counties are already required to assess mental health needs and develop plans to meet those needs.  Section 5772 of the Welfare and Institutions Code requires local mental health boards at the county level to complete these responsibilities.  Since these bodies already exist and have the responsibility for developing plans to meet mental health needs and given the difficult fiscal situation of the state, I did not support the augmentation.  Because implementation of this bill was contingent upon funding that has been vetoed, I cannot sign this bill."
NEXT STEPS: Bill is DEAD unless (unlikely) Legislature chooses to override veto.
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 8/22/02): Requires the Department of Mental Health to develop and implement a grant program, to encourage each county to voluntarily develop a plan to identify and address children's mental health services that are needed in that county.  Requires the Department of Mental Health to award grants on a competitive basis, and each county recipient of a grant to develop a mental health plan for children. Provides that the implementation of this bill is contingent on an appropriation in the Budget Act of $150,000 from the General Fund for the purposes of the program.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: Potential impact to children's mental health services if the bill WAS approved.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: No direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: Some impact if bill WAS approved and depending on what types of services were addressed.

SB 1404 - STATE HOSPITALS FOR THE MENTALLY DISORDERED/PATIENT FUNDS
AUTHOR: Senator Wes Chesbro (D-Arcata)
MOST CURRENT STATUS:APPROVED by Governor on 9/3/02.
NEXT STEPS: Becomes effective January 1, 2003.
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 8/15/02): Requires that the hospital administrator of a state hospital for the mentally disordered take into consideration the recommendations of representatives of patient government when the director of the Department of Mental Health proposes to expend moneys from the patients' Benefit Fund. Requires the director of the Department of Mental Health to provide to the Legislature, by August 15th of each year, a summary data on how the Benefit Fund at each state hospital was expended in the previous fiscal year. Requires the Department to support the establishment of self-help groups at state hospitals which may be facilitated by an outside group, subject to the approval of the administrator, at state hospitals. Requires that each indigent patient in these facilities shall be given the materials needed to send out one letter per week, including postage, at no cost to the patient.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: Significant direct impact for those people in these facilities and their families in giving patients more involvement in decision making, and consistent access to mail.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: No direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: No direct immediate impact.

SB 1448 - DECEASED RESIDENTS OF STATE HOSPITALS/DEVELOPMENTAL CENTERS
AUTHOR: Senator Wes Chesbro (D-Arcata)
MOST CURRENT STATUS: APPROVED by Governor on 9/7/02.
NEXT STEPS: Becomes effective January 1, 2003.
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 8/12/02): Requires the Department of Mental Health, in coordination with other state agencies and a task force that includes advocates, to complete an inventory of all materials and records necessary to create a record of persons who have died while residing at state hospitals (for people with mental illness) and developmental centers (for people with developmental disabilities) to identify the locations of grave sites, and the names of patients whose remains were donated for medical research.  Requires these agencies to assist the California Memorial Project in conducting research regarding the records of deaths and burials at state hospitals and developmental centers, in developing a plan for the restoration of these grave sites and cemeteries. Requires the Department of Mental Health to develop procedures for the future interment of any patient who dies while residing at a state hospital or developmental center and whose remains are unclaimed by a family member. [For more detailed information see UCP Legislative Update 9/12/02]
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: Direct and significant impact to those families with family members buried on state hospital or developmental center grounds - and direct impact for those self advocates and families working on the project in raising issues of awareness and dignity.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: No direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: No direct impact.

SB 1911 - CHILDREN'S MENTAL HEALTH
AUTHOR: Senator Deborah Ortiz (D-Sacramento)
MOST CURRENT STATUS: As of 9/17/02, pending action by the Governor.  Passed Senate 8/30/02 by a vote of 29-6, approving amendments made in the Assembly.
NEXT STEPS: Governor has until September 30 to approve, veto or allow the bill to become law without his signature.
WHAT THIS BILL DOES (Reflects Most Recent Amendments of 8/27/02): Requires the Department of Mental Health to develop, in consultation with the Department of Health Services, Education, and Social Services, county welfare departments, county mental health departments, and advocates for children with mental health care needs, an analysis of the increased federal funding, savings to the General Fund and the county mental health system, and improvements that could be realized to county mental health, foster care, juvenile justice, and local educational agency programs for the provision of mental health services by applying for a federal medicaid waiver or by adopting a state option to provide home and community based services, to children with mental health care needs, where a determination has been made that, but for availability of home and community based services, these children would require the level of care provided in a hospital due to the severity of their mental health care needs, the cost of which could be reimbursed under the state plan. Permits the Department of Health Services to also consider children who would require the level of care provided in a skilled nursing facility or intermediate care facility, to the extent permitted under federal law. Requires that this analysis to be submitted to the Legislature no later than 12 months after the Department of Mental Health receives sufficient funds to develop the study.  Requires the analysis to include a description of a demonstration program that includes a maximum of 400 children with severe emotional disturbances and an examination of the cost effectiveness of including more than 400 children.
IMPACT TO PEOPLE WITH DISABILITIES/MENTAL HEALTH & FAMILIES: No direct immediate impact as the first initial steps of this bill provide an analysis for increased federal (or other) funding for home and community based services for children with mental health needs. However IF bill is enacted - and options are identified and adopted, the impact could be significant for many children and families who prefer community based care and services.
IMPACT TO VENDORS/PROVIDERS/DIRECT CARE STAFF: No immediate direct impact.
IMPACT ON STATE IMPLEMENTATION OF OLMSTEAD DECISION: Significant potential impact - IF bill is approved by the Governor [note - see UCP Legislative Alert on this bill]
 

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FOR MORE INFORMATION
Marty Omoto, Legislative Director
CA Coalition of United Cerebral Palsy Associations
1225 8th Street Suite 480 Sacramento, CA 95814
916/446-3204  FAX: 916/446-3206 email: martyomoto@rcip.com
Coalition Chair: Michael Williams (UCP of the Golden Gate)
Immediate Past Chair: Ron Cohen (UCP LA and Ventura Counties)