California 2011-2012 Regular Session Status: Enacted

SB 1009 — Health and human services.

Last action — Chaptered by Secretary of State. Chapter 34, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Under existing law, the State Department of Mental Health is authorized and required to perform various functions relating to the care and treatment of persons with mental disorders. Under existing law, services for these individuals may be provided in psychiatric hospitals or other types of facilities, as well as in community settings. This bill would eliminate or modify certain duties of, and programs administered by, the State Department of Mental Health, and would transfer the functions of the State Department of Mental Health to other state departments. The transferred responsibilities would include, among others, transferring licensing authority for psychiatric health facilities, as defined, to the State Department of Social Services, transferring authority for oversight of group homes for seriously emotionally disturbed children and community treatment facilities, and certain duties relating to drug and alcohol abuse programs, to the State Department of Health Care Services, and transferring to the State Department of State Hospitals jurisdiction over individuals under the treatment of state hospitals. This bill would abolish the existing Licensing and Certification Fund, Mental Health, and would create in its place the Mental Health Facility Licensing Fund, which, upon appropriation by the Legislature, would fund administrative and other activities in support of the mental health licensing and certification functions of the State Department of Social Services. This bill would make various related, technical, and conforming changes to reflect the transfer of state mental health responsibilities. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Under existing law, the State Department of Mental Health is required to implement mental health care services, as specified, for Medi-Cal recipients. Existing law, commencing July 1, 2012, requires state administrative functions for the operation of Medi-Cal specialty mental health managed care, the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program, and applicable functions related to federal Medicaid requirements that are performed by the State Department of Mental Health to be transferred to the State Department of Health Care Services. This bill would transfer the administration of mental health services described above for Medi-Cal beneficiaries to the State Department of Health Care Services, effective July 1, 2012, and would make related changes. Existing law provides that clinics providing Medi-Cal specialty mental health services are not required to be licensed as a condition to reimbursement. This bill would require instead that clinics providing those services be certified as a condition to reimbursement. Existing law, to the extent permitted under federal law, authorizes funds deposited into a local health and welfare trust fund from the Sales Tax Account of the Local Revenue Fund to be used to match federal Medicaid funds in order to achieve the maximum federal reimbursement possible. This bill would instead authorize, to the extent permitted under specified provisions of law, that funds distributed to counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount from the Local Revenue Fund 2011, funds from the Mental Health Services Fund, and any other funds from which the Controller makes distributions to the counties be used to pay for services provided by these funds that the counties may certify as public expenditures in order to achieve the maximum federal reimbursement possible. This bill would make related and conforming changes relating to federal audit exceptions. Existing law requires the State Department of Mental Health to implement managed mental health care for Medi-Cal beneficiaries through fee-for-service or capitated rate contracts with mental health plans, as specified. This bill would instead require the State Department of Health Care Services to implement managed mental health care for Medi-Cal beneficiaries through contracts with mental health plans. The bill would make various changes to associated contracting procedures and would specify the sources from which fines and penalties for noncompliance with specialty mental health service requirements may be satisfied. Existing law provides that a contract with a mental health plan may be renewed, for a period not to exceed 3 years, if the mental health plan continues to meet specified requirements. This bill would delete the 3-year limitation on renewed contracts. Existing law specifies responsibilities and procedures for audit exceptions, disallowances, and appeals for Medi-Cal specialty mental health services provided by mental health plans and mental health plan subcontractors. Existing law limits the maximum amount withheld for purposes of audit exceptions or disallowances to 25% of each payment, as specified. This bill would revise the responsibilities and procedures relating to audit exceptions, disallowances, and appeals, would eliminate obsolete language, and would make conforming and clarifying changes. The bill would authorize the department to increase the amount withheld to an amount greater than 25% of each payment in order to comply with federal laws and regulations. Existing law requires the State Department of Mental Health to allocate funds for the provision of mental health services to Medi-Cal eligible persons over 20 years of age to counties of over one million population that own and operate an acute psychiatric health facility, as specified. This bill would delete that provision. Existing law provides that counties have the right of first refusal to serve as a mental health plan. This bill would repeal these provisions on November 7, 2012, if a specified provision of law takes effect. Existing law requires the Secretary for California Health and Human Services to establish a process by which options for achieving universal health care coverage are developed. This bill would delete these provisions. This bill would delete obsolete provisions of law, and would make conforming, clarifying, and technical changes. This bill would appropriate the sum of $1,000 from the General Fund to the State Department of Health Care Services for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. This bill would become operative contingent upon the enactment of AB 1480 or SB 1020 of the 2011–12 Regular Session.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 34, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:45 p.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 13. Page 4144.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 51. Noes 27. Page 5468.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 suspended. (Page 5412.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  11. Referred to Com. on BUDGET.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 23. Noes 10. Page 2976.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. Ordered to second reading.

  16. Withdrawn from committee. (Ayes 24. Noes 14. Page 2916.)

  17. Referred to Com. on RLS.

  18. From printer. May be acted upon on or after March 8.

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1009 B. & F. R. Senate Third Reading By BLUMENFIELD

Passed 51 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 502502
Democratic 1000
Republican 0200
Total 512702
% of votes cast 64%34%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Nay
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Butler — Yea
Hall — Yea
Hayashi — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Hueso — Yea
Huffman — Yea
Ma — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Monning — Yea
Cedillo — Yea
Bonilla — Yea
Ammiano — Yea
Block — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Perea — Yea
Skinner — Yea
Williams — Yea
Atkins — Yea
Yamada — Yea
Fletcher — Nay
Garrick — Nay
Campos — Yea
Hagman — Nay
Halderman — Not Voting
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Smyth — Nay
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mansoor — Nay
Mendoza — Yea
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Swanson — Not Voting
Torres — Yea
Eng — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Unfinished Supp 1 SB1009 Committee on B. & F.R. (Leno) Concurrence

Passed 26 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241201
Democratic 2000
Republican 0100
Total 261301
% of votes cast 65%33%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Blakeslee — Yea
Hernandez — Yea
Lieu — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Nay
Runner — Not Voting
Evans — Yea
Huff — Nay
Alquist — Yea
Corbett — Yea
Dutton — Nay
Leno — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Anderson — Nay
Harman — Nay
Kehoe — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

3rd Reading SB1009 Committee on B. & F.R.

Passed 23 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 211006
Democratic 2000
Republican 0001
Total 231007
% of votes cast 58%25%0%18%
How each member voted (40)
Member Party Vote
Hancock — Yea
Yee — Yea
Correa — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Wyland — Not Voting
Fuller — Nay
Runner — Not Voting
Harman — Nay
Hernandez — Not Voting
Cannella — Nay
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Walters — Not Voting
Alquist — Yea
Huff — Nay
Kehoe — Yea
Liu — Yea
Steinberg — Yea
Corbett — Not Voting
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 1009 do?
Under existing law, the State Department of Mental Health is authorized and required to perform various functions relating to the care and treatment of persons with mental disorders. Under existing law, services for these individuals may be provided in psychiatric hospitals or other types of facilities, as well as in community settings. This bill would eliminate or modify certain duties of, and programs administered by, the State Department of Mental Health, and would transfer the functions of the State Department of Mental Health to other state departments. The transferred responsibilities would include, among others, transferring licensing authority for psychiatric health facilities, as defined, to the State Department of Social Services, transferring authority for oversight of group homes for seriously emotionally disturbed children and community treatment facilities, and certain duties relating to drug and alcohol abuse programs, to the State Department of Health Care Services, and transferring to the State Department of State Hospitals jurisdiction over individuals under the treatment of state hospitals. This bill would abolish the existing Licensing and Certification Fund, Mental Health, and would create in its place the Mental Health Facility Licensing Fund, which, upon appropriation by the Legislature, would fund administrative and other activities in support of the mental health licensing and certification functions of the State Department of Social Services. This bill would make various related, technical, and conforming changes to reflect the transfer of state mental health responsibilities. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Under existing law, the State Department of Mental Health is required to implement mental health care services, as specified, for Medi-Cal recipients. Existing law, commencing July 1, 2012, requires state administrative functions for the operation of Medi-Cal specialty mental health managed care, the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program, and applicable functions related to federal Medicaid requirements that are performed by the State Department of Mental Health to be transferred to the State Department of Health Care Services. This bill would transfer the administration of mental health services described above for Medi-Cal beneficiaries to the State Department of Health Care Services, effective July 1, 2012, and would make related changes. Existing law provides that clinics providing Medi-Cal specialty mental health services are not required to be licensed as a condition to reimbursement. This bill would require instead that clinics providing those services be certified as a condition to reimbursement. Existing law, to the extent permitted under federal law, authorizes funds deposited into a local health and welfare trust fund from the Sales Tax Account of the Local Revenue Fund to be used to match federal Medicaid funds in order to achieve the maximum federal reimbursement possible. This bill would instead authorize, to the extent permitted under specified provisions of law, that funds distributed to counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount from the Local Revenue Fund 2011, funds from the Mental Health Services Fund, and any other funds from which the Controller makes distributions to the counties be used to pay for services provided by these funds that the counties may certify as public expenditures in order to achieve the maximum federal reimbursement possible. This bill would make related and conforming changes relating to federal audit exceptions. Existing law requires the State Department of Mental Health to implement managed mental health care for Medi-Cal beneficiaries through fee-for-service or capitated rate contracts with mental health plans, as specified. This bill would instead require the State Department of Health Care Services to implement managed mental health care for Medi-Cal beneficiaries through contracts with mental health plans. The bill would make various changes to associated contracting procedures and would specify the sources from which fines and penalties for noncompliance with specialty mental health service requirements may be satisfied. Existing law provides that a contract with a mental health plan may be renewed, for a period not to exceed 3 years, if the mental health plan continues to meet specified requirements. This bill would delete the 3-year limitation on renewed contracts. Existing law specifies responsibilities and procedures for audit exceptions, disallowances, and appeals for Medi-Cal specialty mental health services provided by mental health plans and mental health plan subcontractors. Existing law limits the maximum amount withheld for purposes of audit exceptions or disallowances to 25% of each payment, as specified. This bill would revise the responsibilities and procedures relating to audit exceptions, disallowances, and appeals, would eliminate obsolete language, and would make conforming and clarifying changes. The bill would authorize the department to increase the amount withheld to an amount greater than 25% of each payment in order to comply with federal laws and regulations. Existing law requires the State Department of Mental Health to allocate funds for the provision of mental health services to Medi-Cal eligible persons over 20 years of age to counties of over one million population that own and operate an acute psychiatric health facility, as specified. This bill would delete that provision. Existing law provides that counties have the right of first refusal to serve as a mental health plan. This bill would repeal these provisions on November 7, 2012, if a specified provision of law takes effect. Existing law requires the Secretary for California Health and Human Services to establish a process by which options for achieving universal health care coverage are developed. This bill would delete these provisions. This bill would delete obsolete provisions of law, and would make conforming, clarifying, and technical changes. This bill would appropriate the sum of $1,000 from the General Fund to the State Department of Health Care Services for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. This bill would become operative contingent upon the enactment of AB 1480 or SB 1020 of the 2011–12 Regular Session.
Who sponsors SB 1009?
SB 1009 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 1009?
This bill has been enacted into law. Introduced February 06, 2012. Enacted.
Where can I track SB 1009?
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