2009 California Welfare and Institutions Code - Section 5813-5815 :: Article 4. Financial Participation

5813.  County participation under this part shall be voluntary.

5813.5.  Subject to the availability of funds from the Mental Health
Services Fund, the State Department of Mental Health shall
distribute funds for the provision of services under Sections 5801,
5802 and 5806 to county mental health programs. Services shall be
available to adults and seniors with severe illnesses who meet the
eligibility criteria in subdivisions (b) and (c) of Section 5600.3 of
the Welfare and Institutions Code. For purposes of this act, seniors
means older adult persons identified in Part 3 (commencing with
Section 5800) of this division.
   (a) Funding shall be provided at sufficient levels to ensure that
counties can provide each adult and senior served pursuant to this
part with the medically necessary mental health services, medications
and supportive services set forth in the applicable treatment plan.
   (b) The funding shall only cover the portions of those costs of
services that cannot be paid for with other funds including other
mental health funds, public and private insurance, and other local,
state and federal funds.
   (c) Each county mental health programs plan shall provide for
services in accordance with the system of care for adults and seniors
who meet the eligibility criteria in subdivisions (b) and (c) of
Section 5600.3.
   (d) Planning for services shall be consistent with the philosophy,
principles, and practices of the Recovery Vision for mental health
consumers:
   (1) To promote concepts key to the recovery for individuals who
have mental illness: hope, personal empowerment, respect, social
connections, self-responsibility, and self-determination.
   (2) To promote consumer-operated services as a way to support
recovery.
   (3) To reflect the cultural, ethnic and racial diversity of mental
health consumers.
   (4) To plan for each consumer's individual needs.
   (e) The plan for each county mental health program shall indicate,
subject to the availability of funds as determined by Part 4.5
(commencing with Section 5890) of this division, and other funds
available for mental health services, adults and seniors with a
severe mental illness being served by this program are either
receiving services from this program or have a mental illness that is
not sufficiently severe to require the level of services required of
this program.
   (f) Each county plan and annual update pursuant to Section 5847
shall consider ways to provide services similar to those established
pursuant to the Mentally Ill Offender Crime Reduction Grant Program.
Funds shall not be used to pay for persons incarcerated in state
prison or parolees from state prisons.
   (g) The department shall contract for services with county mental
health programs pursuant to Section 5897. After the effective date of
this section the term grants referred to in Sections 5814 and 5814.5
shall refer to such contracts.

5814.  (a) (1) This part shall be implemented only to the extent
that funds are appropriated for purposes of this part. To the extent
that funds are made available, the first priority shall go to
maintain funding for the existing programs that meet adult system of
care contract goals. The next priority for funding shall be given to
counties with a high incidence of persons who are severely mentally
ill and homeless or at risk of homelessness, and meet the criteria
developed pursuant to paragraphs (3) and (4).
   (2) The director shall establish a methodology for awarding grants
under this part consistent with the legislative intent expressed in
Section 5802, and in consultation with the advisory committee
established in this subdivision.
   (3) (A) The director shall establish an advisory committee for the
purpose of providing advice regarding the development of criteria
for the award of grants, and the identification of specific
performance measures for evaluating the effectiveness of grants. The
committee shall review evaluation reports and make findings on
evidence-based best practices and recommendations for grant
conditions. At not less than one meeting annually, the advisory
committee shall provide to the director written comments on the
performance of each of the county programs. Upon request by the
department, each participating county that is the subject of a
comment shall provide a written response to the comment. The
department shall comment on each of these responses at a subsequent
meeting.
   (B) The committee shall include, but not be limited to,
representatives from state, county, and community veterans' services
and disabled veterans outreach programs, supportive housing and other
housing assistance programs, law enforcement, county mental health
and private providers of local mental health services and mental
health outreach services, the Board of Corrections, the State
Department of Alcohol and Drug Programs, local substance abuse
services providers, the Department of Rehabilitation, providers of
local employment services, the State Department of Social Services,
the Department of Housing and Community Development, a service
provider to transition youth, the United Advocates for Children of
California, the California Mental Health Advocates for Children and
Youth, the Mental Health Association of California, the California
Alliance for the Mentally Ill, the California Network of Mental
Health Clients, the Mental Health Planning Council, and other
appropriate entities.
   (4) The criteria for the award of grants shall include, but not be
limited to, all of the following:
   (A) A description of a comprehensive strategic plan for providing
outreach, prevention, intervention, and evaluation in a cost
appropriate manner corresponding to the criteria specified in
subdivision (c).
   (B) A description of the local population to be served, ability to
administer an effective service program, and the degree to which
local agencies and advocates will support and collaborate with
program efforts.
   (C) A description of efforts to maximize the use of other state,
federal, and local funds or services that can support and enhance the
effectiveness of these programs.
   (5) In order to reduce the cost of providing supportive housing
for clients, counties that receive a grant pursuant to this part
after January 1, 2004, shall enter into contracts with sponsors of
supportive housing projects to the greatest extent possible.
Participating counties are encouraged to commit a portion of their
grants to rental assistance for a specified number of housing units
in exchange for the counties' clients having the right of first
refusal to rent the assisted units.
   (b) In each year in which additional funding is provided by the
annual Budget Act the department shall establish programs that offer
individual counties sufficient funds to comprehensively serve
severely mentally ill adults who are homeless, recently released from
a county jail or the state prison, or others who are untreated,
unstable, and at significant risk of incarceration or homelessness
unless treatment is provided to them and who are severely mentally
ill adults. For purposes of this subdivision, "severely mentally ill
adults" are those individuals described in subdivision (b) of Section
5600.3. In consultation with the advisory committee established
pursuant to paragraph (3) of subdivision (a), the department shall
report to the Legislature on or before May 1 of each year in which
additional funding is provided, and shall evaluate, at a minimum, the
effectiveness of the strategies in providing successful outreach and
reducing homelessness, involvement with local law enforcement, and
other measures identified by the department. The evaluation shall
include for each program funded in the current fiscal year as much of
the following as available information permits:
   (1) The number of persons served, and of those, the number who
receive extensive community mental health services.
   (2) The number of persons who are able to maintain housing,
including the type of housing and whether it is emergency,
transitional, or permanent housing, as defined by the department.
   (3) (A) The amount of grant funding spent on each type of housing.
   (B) Other local, state, or federal funds or programs used to house
clients.
   (4)  The number of persons with contacts with local law
enforcement and the extent to which local and state incarceration has
been reduced or avoided.
   (5) The number of persons participating in employment service
programs including competitive employment.
   (6) The number of persons contacted in outreach efforts who appear
to be severely mentally ill, as described in Section 5600.3, who
have refused treatment after completion of all applicable outreach
measures.
   (7) The amount of hospitalization that has been reduced or
avoided.
   (8) The extent to which veterans identified through these programs'
outreach are receiving federally funded veterans' services for which
they are eligible.
   (9) The extent to which programs funded for three or more years
are making a measurable and significant difference on the street, in
hospitals, and in jails, as compared to other counties or as compared
to those counties in previous years.
   (10) For those who have been enrolled in this program for at least
two years and who were enrolled in Medi-Cal prior to, and at the
time they were enrolled in, this program, a comparison of their
Medi-Cal hospitalizations and other Medi-Cal costs for the two years
prior to enrollment and the two years after enrollment in this
program.
   (11) The number of persons served who were and were not receiving
Medi-Cal benefits in the 12-month period prior to enrollment and, to
the extent possible, the number of emergency room visits and other
medical costs for those not enrolled in Medi-Cal in the prior
12-month period.
   (c) To the extent that state savings associated with providing
integrated services for the mentally ill are quantified, it is the
intent of the Legislature to capture those savings in order to
provide integrated services to additional adults.
   (d) Each project shall include outreach and service grants in
accordance with a contract between the state and approved counties
that reflects the number of anticipated contacts with people who are
homeless or at risk of homelessness, and the number of those who are
severely mentally ill and who are likely to be successfully referred
for treatment and will remain in treatment as necessary.
   (e) All counties that receive funding shall be subject to specific
terms and conditions of oversight and training which shall be
developed by the department, in consultation with the advisory
committee.
   (f) (1) As used in this part, "receiving extensive mental health
services" means having a personal services coordinator, as described
in subdivision (b) of Section 5806, and having an individual personal
service plan, as described in subdivision (c) of Section 5806.
   (2) The funding provided pursuant to this part shall be sufficient
to provide mental health services, medically necessary medications
to treat severe mental illnesses, alcohol and drug services,
transportation, supportive housing and other housing assistance,
vocational rehabilitation and supported employment services, money
management assistance for accessing other health care and obtaining
federal income and housing support, accessing veterans' services,
stipends, and other incentives to attract and retain sufficient
numbers of qualified professionals as necessary to provide the
necessary levels of these services. These grants shall, however, pay
for only that portion of the costs of those services not otherwise
provided by federal funds or other state funds.
   (3) Methods used by counties to contract for services pursuant to
paragraph (2) shall promote prompt and flexible use of funds,
consistent with the scope of services for which the county has
contracted with each provider.
   (g) Contracts awarded pursuant to this part shall be exempt from
the Public Contract Code and the state administrative manual and
shall not be subject to the approval of the Department of General
Services.
   (h) Notwithstanding any other provision of law, funds awarded to
counties pursuant to this part and Part 4 (commencing with Section
5850) shall not require a local match in funds.

5814.5.  (a) (1) In any year in which funds are appropriated for
this purpose through the annual Budget Act, counties funded under
this part in the 1999-2000 fiscal year are eligible for funding to
continue their programs if they have successfully demonstrated the
effectiveness of their grants received in that year and to expand
their programs if they also demonstrate significant continued unmet
need and capacity for expansion without compromising quality or
effectiveness of care.
   (2) In any year in which funds are appropriated for this purpose
through the annual Budget Act, other counties or portions of
counties, or cities that operate independent public mental health
programs pursuant to Section 5615 of the Welfare and Institutions
Code, are eligible for funding to establish programs if a county or
eligible city demonstrates that it can provide comprehensive
services, as set forth in this part, to a substantial number of
adults who are severely mentally ill, as defined in Section 5600.3,
and are homeless or recently released from the county jail or who are
untreated, unstable, and at significant risk of incarceration or
homelessness unless treatment is provided.
   (b) (1) Counties eligible for funding pursuant to subdivision (a)
shall be those that have or can develop integrated adult service
programs that meet the criteria for an adult system of care, as set
forth in Section 5806, and that have, or can develop, integrated
forensic programs with similar characteristics for parolees and those
recently released from county jail who meet the target population
requirements of Section 5600.3 and are at risk of incarceration
unless the services are provided. Before a city or county submits a
proposal to the state to establish or expand a program, the proposal
shall be reviewed by a local advisory committee or mental health
board, which may be an existing body, that includes clients, family
members, private providers of services, and other relevant
stakeholders. Local enrollment for integrated adult service programs
and for integrated forensic programs funded pursuant to subdivision
(a) shall adhere to all conditions set forth by the department,
including the total number of clients to be enrolled, the providers
to which clients are enrolled and the maximum cost for each provider,
the maximum number of clients to be served at any one time, the
outreach and screening process used to identify enrollees, and the
total cost of the program. Local enrollment of each individual for
integrated forensic programs shall be subject to the approval of the
county mental health director or his or her designee.
   (2) Each county shall ensure that funds provided by these grants
are used to expand existing integrated service programs that meet the
criteria of the adult system of care to provide new services in
accordance with the purpose for which they were appropriated and
allocated, and that none of these funds shall be used to supplant
existing services to severely mentally ill adults. In order to ensure
that this requirement is met, the department shall develop methods
and contractual requirements, as it determines necessary. At a
minimum, these assurances shall include that state and federal
requirements regarding tracking of funds are met and that patient
records are maintained in a manner that protects privacy and
confidentiality, as required under federal and state law.
   (c) Each county selected to receive a grant pursuant to this
section shall provide data as the department may require, that
demonstrates the outcomes of the adult system of care programs, shall
specify the additional numbers of severely mentally ill adults to
whom they will provide comprehensive services for each million
dollars of additional funding that may be awarded through either an
integrated adult service grant or an integrated forensic grant, and
shall agree to provide services in accordance with Section 5806. Each
county's plan shall identify and include sufficient funding to
provide housing for the individuals to be served, and shall ensure
that any hospitalization of individuals participating in the program
are coordinated with the provision of other mental health services
provided under the program.

5815.  The State Department of Health Care Services, in conjunction
with the State Department of Mental Health, shall seek all available
federal funding for mental health services for veterans.