SECTIONS 11810-11819.1 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11810-11819.1

11810. It is the intent of the Legislature to provide maximum
flexibility in the use of federal and state alcohol and other drug
program funds. County government is therefore given broad authority
in determining the methods for encouragement of citizen
participation, the scope of problem analysis, and the methods of
planning for alcohol and other drug program services.

11811. Counties shall have broad discretion in the choice of
services they utilize to alleviate the alcohol and other drug
problems of specific population groups and the community. Those
services shall include services for alcohol and other drug abuse
prevention and treatment.

11811.1. (a) The major purpose of prevention and early intervention
activities includes, but is not limited to, all of the following:
(1) To facilitate positive change in community and individual
understanding, values, attitudes, environmental factors, and behavior
concerning alcohol and its inappropriate use and other drug use.
(2) To reduce the likelihood of the inappropriate use of alcohol
and other drugs by developing and implementing public policies
designed to reduce or limit alcohol and other drug consumption.
(3) To lessen the stigmatization of persons who seek help for
problems related to inappropriate alcohol use and other drug use.
(4) To provide information so that the public may make informed
personal and public policy decisions regarding the inappropriate use
and nonuse of alcoholic beverages and other drugs.
(5) To enlighten the "helping professions" to recognize persons
with alcohol and other drug problems and to offer them appropriate
services.
(6) To encourage persons to seek early help for their alcohol or
other drug problems.
(b) The Legislature recognizes that the effective provision of the
activities specified in subdivision (a) will result in an increased
demand upon, and utilization of, existing services to alcohol and
other drug abusers and their families. However, the Legislature
believes that provision of effective prevention and early
intervention activities over the next decade will result in saving
taxpayers funds that might otherwise have to be expended for higher
health and safety costs.

11811.3. In addition to the services described in Section 11811, a
county may provide other services or programs pursuant to this
section, including, but not limited to, the following:
(a) (1) Occupational programs for county employees designed to
help recognize employees with alcohol and other drug problems that
affect their job performance and to encourage these employees to seek
services to alleviate those problems.
(2) It is the intent of the Legislature to encourage every county
to institute a program described in paragraph (1) for its own
employees in order to set an example for the community regarding
local government's attitude toward alcohol and other drug problems.
(b) (1) Counties may use funds allocated to them by the department
for any other services authorized in Section 11811 or this section.
(2) It is the intent of the Legislature that counties make maximum
utilization of vocational rehabilitation services, where reasonable
and appropriate to do so. A county, pursuant to a resolution by the
board of supervisors, may utilize funds for other authorized services
pursuant to Section 11811.

11811.5. A county may also utilize funds for the following:
(a) Planning, program development, and administration by the
county. The department shall establish uniform definitions of the
elements of county alcohol and other drug program administration and
shall set the minimum and maximum levels of administrative services,
taking into account the total funds expended pursuant to the county
plan, negotiated net amount contract, and Drug Medi-Cal contract,
whichever is applicable.
(b) In conducting planning, evaluation, and research activities to
develop and implement the county alcohol and other drug program,
counties may contract with appropriate public or private agencies.
(c) Actual and necessary expenses incurred by the alcohol and drug
program administrator relating to attendance at not more than four
meetings each year of the administrators and reasonable dues for any
related activities and meetings. Each administrator of a county that
applies for funds under this part shall attend each quarterly
meeting, unless a waiver is provided for by the department.

11811.6. (a) The department shall consult with alcohol and drug
program administrators in establishing standards pursuant to Chapter
7 (commencing with Section 11830) and regulations pursuant to Chapter
8 (commencing with Section 11835), shall consult with alcohol and
drug program administrators on matters of major policy and
administration, and may consult with alcohol and drug program
administrators on other matters affecting persons with alcohol and
other drug problems. The alcohol and drug program administrators may
organize, adopt bylaws, and annually elect officers. The
administrators shall consist of all legally appointed alcohol and
drug administrators in the state as designated pursuant to
subdivision (a) of Section 11800.
(b) Actual and necessary expenses for attendance at special
meetings of the committees of the alcohol and drug program
administrators called by the director shall be legally charged
against any funds available for the administration of this section.

11811.7. Services financed under this part shall:
(a) Be provided on a voluntary basis only, except as provided in
Article 1.5 (commencing with Section 5170) of Chapter 2 of Part 1 of
Division 5 of the Welfare and Institutions Code.
(b) Encourage persons utilizing services, and members of their
family, to participate in community self-help groups providing
ongoing support to alcohol and other drug abusers and their family
members.
(c) Encourage persons suffering from alcoholism and other drug
problems to abstain from the use of alcohol and illicit drugs.

11811.8. The following costs shall not be eligible for state
funding pursuant to this part:
(a) The costs involved in a peace officer bringing a person in for
72-hour treatment and evaluation.
(b) The costs of court proceedings or court-ordered evaluation
pursuant to Article 3 (commencing with Section 5225) of Chapter 2 of
Part 1 of Division 5 of the Welfare and Institutions Code, and the
apprehension of the person ordered to evaluation when necessary.
(c) The costs of court proceedings in cases of appeal on 14-day
intensive treatment.
(d) The costs of legal proceedings in conservatorship.
(e) The court costs in postcertification proceedings.
(f) The cost of providing a public defender or other
court-appointed attorneys in proceedings for those unable to afford
this assistance.

11812. The following conditions apply to county expenditures of
state funds pursuant to this part:
(a) Where the services specified in the approved county plan are
provided pursuant to other general health or social programs, only
that portion of the services dealing with alcohol and other drug
problems may be financed under this part.
(b) (1) Each county shall utilize available privately operated
alcohol and other drug programs and services in the county prior to
utilizing new county-operated programs and services, or city-operated
programs and services pursuant to Section 11796.1, when the
available privately operated programs and services are as favorable
in quality and cost as are those operated by the county or city. When
these privately operated programs and services are not available,
the county shall make a reasonable effort to encourage the
development of privately operated programs and services prior to
developing county-operated or city-operated programs and services.
(2) The county alcohol and drug program administrator shall
demonstrate to the board of supervisors, and to the department, prior
to development of any new program or service, that reasonable
efforts have been made to comply with paragraph (1). All available
local public or private programs and services, as described in
paragraph (1), that are appropriate shall be utilized prior to using
services provided by hospitals.
(c) All personal information and records obtained by the county,
any program that has a contract with the county, or the department
pursuant to this section are confidential and may be disclosed only
in those instances designated in Section 5328 of the Welfare and
Institutions Code.
(1) Any person may bring an action against an individual who has
willingly and knowingly released confidential information or records
concerning that person in violation of this section, for the greater
of the following amounts:
(A) Five hundred dollars ($500).
(B) Three times the amount of actual damages, if any, sustained by
the plaintiff.
(2) (A) Any person may, in accordance with Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, bring an action to enjoin the release of confidential
information or records in violation of this chapter, and may in the
same action seek damages as provided in this section.
(B) It is not a prerequisite to an action under this section that
the plaintiff suffer or be threatened with actual damages.
(d) The department may require that each county and any public or
private provider of alcohol and other drug services that receives any
state funds under this part provide any information requested by the
department relating to any application for or receipt of federal or
other nonstate funds, including fees, donations, grants, and other
revenues, for alcohol and other drug abuse services provided by these
agencies.

11812.6. (a) In addition to any other services authorized under
this chapter, the department shall urge the county, in the county
plan, to develop within existing resources specific policies and
procedures to address the unique treatment problems presented by
persons who are both mentally disordered and chemically dependent. If
contained in the county plan, priority shall be given to developing
policies and procedures that relate to the diagnosis and treatment of
homeless persons who are mentally disordered and chemically
dependent.
(b) The director shall consult with the Director of Mental Health
in developing guidelines for county mental health and alcohol and
drug treatment programs in order to comply with this section.

11813. Nothing in this part shall prohibit a county from
appropriating funds for alcohol and other drug programs and services
in addition to the funds allocated by the department.

11814. (a) The department shall issue allocations to counties for
alcohol and other drug programs.
(b) In issuing allocations to counties, it is the intent of the
Legislature that counties shall allocate all funds received pursuant
to state and federal laws and regulations.
(c) The department shall estimate an allocation of state and
federal funds available for each county to implement the approved
county plan, executed negotiated net amount contract, and Drug
Medi-Cal contract, whichever is applicable. In making allocations,
the department shall base its allocations on the population of each
county. However, the department shall assure that each small
population county receives a minimum amount of funds to provide
adequate alcohol and other drug services. The department may take
into account other factors in making the allocations if the
department finds that the factors relate to the level of alcohol and
other drug problems in the county. No later than 45 days after
introduction of the Budget Bill, the department shall notify each
county regarding its preliminary allocation under this division,
pending enactment of the Budget Bill. The 1984-85 fiscal year shall
establish the base funding for the county alcohol and drug allocation
for local programs. Beginning with the 1985-86 fiscal year,
cost-of-living adjustments, if granted, shall be considered as tied
to the base allocation established in the 1984-85 fiscal year, plus
any subsequent cost-of-living adjustments. The department shall
notify each county regarding its final allocation after enactment of
the Budget Bill.
(d) Notwithstanding any other provision in this section, the
director may reduce funding below the base year amounts of counties
that underspend their allocation for two consecutive years by more
than 5 percent. Any reduction shall be limited to the difference
between 5 percent of the allocation and the total amount unspent. The
amounts underspent shall be determined based on the most recent cost
reports.

11817.1. The department may reallocate among counties any savings
that occur during the fiscal year in programs or services or any
allocations either not applied for by a county or not in compliance
with this part. Reallocations may be made to counties by amendment to
their county plans or negotiated net amount contracts.

11817.3. (a) There shall be an appropriation from the Budget Act to
the department to fund programs and services to alleviate problems
related to inappropriate alcohol use or other drug use as provided
for in this part. However, if the state receives additional funds
from the federal government after the enactment of the Budget Act,
which funds may be augmented by the Director of Finance to the
appropriation described in this section in accordance with the Budget
Act, then the department shall determine the amount of those funds
to be used for allocation to counties, and shall allocate that amount
to counties with approved amended county plans, executed negotiated
net amount contracts, and amended Drug Medi-Cal contracts, whichever
is applicable, within 90 days of receipt of the additional funds to
support programs and services to alleviate alcohol-related and other
drug-related problems as described in this subdivision. The
allocation of all funds pursuant to this subdivision shall comply
with federal requirements and with any requirements pursuant to
Section 28.00 of the Budget Act.
(b) The requirement set forth in subdivision (a) that the
department determine the amount of additional funds to be used for
allocation to counties and allocate that amount to counties within 90
days, shall be waived when the 90-day period does not allow
sufficient time for completion of the notification period pursuant to
Section 28.00 of the Budget Act.
(c) As used in this section, "approved amended county plan" means
a county plan amended by a county to describe the county's proposed
use of the additional or reduced funds available pursuant to this
section, which plan is approved by the department.
(d) As used in this section, "executed negotiated net amount
contract" or "amended Drug Medi-Cal contract" refers to a contract
that is amended by a county to describe the county's proposed use of
the additional or reduced funds available pursuant to this section,
which contract is approved by the department.

11817.4. Alcohol and other drug service expenditures made by
counties pursuant to this part shall be paid by the state pursuant to
this part.

11817.6. Payments or advances of funds to counties or other state
agencies, which are properly chargeable to appropriations to the
department may be made by a Controller's warrant drawn against state
funds appropriated to the department or federal funds administered by
the department.

11817.8. (a) It is the intent of the Legislature that the state and
the counties work together to minimize audit exceptions. Audit
findings as contained in the department audit reports may be appealed
by counties directly to the department. Counties may retain disputed
audit amounts of state and federal funds unless an audit appeal is
filed, and then until the audit appeal is resolved, in whole or in
part, against the county.
(b) The department shall audit the expenditures of counties,
direct contractors, and subcontractors. The department shall develop
an annual audit plan that will identify the counties, direct
contractors, and subcontractors funded in whole or in part with the
funds administered by the department. The annual audit plan shall
consist of a sufficient number of audits and financial reviews to
provide reasonable assurance that federal and state funds have been
used for their intended purpose in accordance with applicable funding
requirements and restrictions contained in statutes, regulations,
and contracts.
(c) The department may conduct audits and financial related
reviews on other than a routine basis of any county, direct
contractor, or county subcontractor funded in whole or in part with
funds administered by the department, as the department deems
necessary and appropriate.
(d) Counties may audit the expenditures of organizations funded in
whole or in part with funds administered by the department.
(e) Notwithstanding subdivision (e) of Section 11758.12, counties
shall repay to the department amounts of state and federal funds
found, as a result of an audit, not to have been expended in
accordance with the requirements set forth in this part, federal
block grant law, federal or state regulations pertaining to alcohol
or other drug abuse services, and the conditions set forth in any
contract or interagency agreement. For organizations or services and
the conditions set forth in any combination of state, federal, or
other public funds, where a clear audit trail shows that the source
and application of these funds is not maintained, repayment shall be
determined by prorating audit findings between each funding source.
(f) For those audits conducted by the department, the director
shall administratively establish policies and procedures for the
resolution of disputed audit findings. The department shall consult
with county administrators when proposing changes in the procedures
for the resolution of disputed audit findings.
(g) There is established in the State Treasury an Audit Repayment
Trust Fund. All undisputed repayments of state funds made pursuant to
subdivision (e) and all repayments of state funds resulting from an
audit resolution procedure established pursuant to subdivision (f)
shall be deposited in this fund. The money in the fund shall be
available upon appropriation by the Legislature.
(h) The department may deny or withhold payments or advances of
funds to a county if the department finds, by audit or otherwise,
that a program is not in compliance with this part, the net amount
contract, and Drug Medi-Cal contract, whichever is applicable.
(i) Notwithstanding subdivision (a) of Section 53134 of the
Government Code, audits performed pursuant to this section shall be
conducted by qualified state or local government auditors or
independent public accountants in accordance with generally accepted
governing auditing standards, as prescribed by Government Auditing
Standards, issued by the Comptroller General of the United States.
These audits shall be completed no later than six months after the
completion of the audit fieldwork.

11818. (a) (1) Expenditures made by counties and contract providers
that may be paid using appropriated funds subject to payment include
salaries of personnel, approved facilities and services provided
through contract, operation, maintenance, and service costs,
depreciation of county facilities as established in the State of
California's Auditing Standards and Procedures for Counties,
disregarding depreciation on the county facility to the extent it was
financed by state funds under this part, lease of facilities where
there is no intention to, nor option to, purchase, and other
expenditures that may be approved by the director.
(2) Expenditures made by counties and contract providers that may
not be paid using appropriated funds subject to payment include
expenditures for initial capital improvement, the purchase or
construction of buildings, except for equipment items and remodeling
expenses as may be provided in regulations of the department,
compensation to members of a local advisory board on drug programs,
except actual and necessary expenses incurred in the performance of
official duties, and expenditures for a purpose for which state
reimbursement is claimed under any other law.
(b) (1) Except as provided in Chapter 3 (commencing with Section
11758.10), the cost of services specified in the county plan,
negotiated net amount contract, and Drug Medi-Cal contract, whichever
is applicable, shall be based upon reimbursement of actual costs as
determined with standard accounting practices. The county may enter
into contracts with providers at actual cost or a negotiated rate.
Negotiated rate is a specific and fixed dollar rate for a specified
unit of service provided. Negotiated rates may be used as the cost of
services only between the county and private providers. The
negotiated rate shall be approved by the county prior to commencing
services for reimbursement and the rate shall be based upon the
projected cost of providing the services and projected revenues
realized as a result of providing the services. The provider shall
make available to the county information on prior years' actual cost
of providing the services and actual revenues.
(2) (A) Providers that receive a combination of Medi-Cal funding
and other federal or state funding for the same service element and
location shall be reimbursed for actual costs as limited by Medi-Cal
reimbursement requirements, as specified in Title XIX of the federal
Social Security Act (42 U.S.C. 1396 et seq.), the medicaid state
plan, subdivisions (c) and (d) of Section 51516 of Title 22 of the
California Code of Regulations, except that reimbursement for
non-Medi-Cal services shall not be limited by Medi-Cal rate
requirements or customary charges to privately paying clients.
(B) For those providers who operate under a negotiated rate for
non-Medi-Cal services, the rates shall be treated as provisional
rates, subject to yearend settlement of actual costs.
(3) Notwithstanding any other provision of law, during yearend
settlements, the department may pay, from both state and federal
funds, prior fiscal year allowable Medi-Cal costs incurred by June 30
of the prior fiscal year that exceed the amount timely encumbered in
the prior fiscal year contract.

11818.5. (a) Counties shall submit a cost report reflecting the
expenditure of funds allocated by the department. An annual cost
report for the fiscal year ending June 30 shall be submitted to the
department by November 1.
(b) Each county shall be responsible for reviewing its contracts
with providers of services and the department may audit these
contracts. The cost reports shall be reviewed by the department and
interim settlements of claims shall be made expeditiously with each
county. Final settlement shall be made at the time of audit, which
shall be completed within three years of the date the cost report was
accepted for interim settlement by the department. If the audit is
not completed within three years, the interim settlement shall be
considered as the final settlement.
(c) Counties shall report estimated numbers and characteristics of
clients-participants by type of service in the county plan and shall
report actual numbers and characteristics of clients-participants
served by type of service with the annual cost report. The department
shall specify forms and procedures to be followed in reporting this
information. The fiscal reporting system established pursuant to this
section shall supersede the requirements of paragraph (2) of
subdivision (b) of Section 16366.7 of the Government Code for a
quarterly fiscal reporting system.

11819.1. The Legislature recognizes the need for increased
potential for coordination between county alcohol programs and local
health system agencies established pursuant to Public Law 93-641.
Therefore, the Legislature encourages a harmonious working
relationship between local health system agencies and county alcohol
programs.