Update on Budget Legislation

Update on Budget Legislation

by Grace McAndrews, Executive Director NAMI California

Trailer bill language for epsdt -and rejection of 20% share of costs

[The following information was provided by the California Coalition for Mental Health.]

Last week, Governor Schwarzenegger released his May revised budget which included a proposal to increase the county share of costs for growth in EPSDT services from 10% to 20%. This proposal was rejected by Budget Subcommittees in both the Senate and the Assembly. In addition in order to prevent the State from imposing such a requirement administratively as happened with the original 10% share of costs two years ago we asked the Legislature to adopt statutory language requiring legislative approval of this or any similar restrictions in state responsibility for payments or access to services. That language was also approved exactly as we wrote it by both houses - giving the funding of EPSDT statutory protection that it has never had.

In other areas the Legislative committees generally adopted the May Revise proposals including the $31 million in increased funding for AB 3632 Services [Special Education Pupils Program - which mandates services for children with disabilities] bringing the 2004-05 total to $100 million. No action has yet occurred on the big state local financing package which includes a way to assure payback of the back owed payments for that program.

Legislative committees continued their previous actions of rejecting the Govenor's cuts in Children's Systems of Care and the Early Mental Health Initiative.

Budget Subcommittees also rejected the Governor's proposed suspensions of a Cost of Living Increase for recipients of SSI/SSP.

All of these issues are now considered final and are not subject to debate before the next legislative step of a Budget Conference Committee. We we are pleased by these actions and should be expressing our appreciation to the key Legislators (Senator Wesley Chesbro and Assembly member Mervyn Dymally).

However, the actions of the Legislature will add to the total state budget appropriations and requires that there be offsetting cuts or revenue increases in order to produce a balanced budget. Accordingly these actions could be reopened at any time. Nonetheless unless that happens these are the Legislature's final actions on Mental Health Budget Issues and considering the current state of finances we should be very pleased with these results.

The following is the language to implement the restrictions on state action on EPSDT which was passed.

Section 14132bb is added to the Welfare and Institutions Code to read as follows:

No state agency may adopt any policy, restrictions, contract amendments, regulations or other requirements for the provision of mental health services pursuant to the early and periodic screening, diagnosis, and treatment program as set forth in subdivision (v) of Section 14132 which shifts a cost from the state to the counties or providers of care or which restricts mental health services eligible for funding under that program unless such state agency action is specifically authorized by statute.

Last Updated on 05/26/04 webmaster@namiscc.org

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