SECTIONS 11847-11856.5 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11847-11856.5

11847. The Legislature hereby finds and declares that it is
essential to the health and welfare of the people of this state that
action be taken by state government to effectively and economically
utilize federal and state funds for narcotic and alcohol and other
drug abuse prevention, care, treatment, and rehabilitation services.
To achieve this, it is necessary that all of the following occur:
(a) Existing fragmented, uncoordinated, and duplicative narcotic
and alcohol and other drug abuse programs be molded into a
comprehensive and integrated statewide program for the prevention of
narcotic and alcohol and other drug abuse and for the care,
treatment, and rehabilitation of narcotic addicts and alcohol and
other drug users.
(b) Responsibility and authority for planning programs and
activities for prevention, care, treatment, and rehabilitation of
narcotic addicts be concentrated in the department. It is the intent
of the Legislature to assign responsibility and grant authority for
planning narcotic and alcoholic and other drug abuse prevention,
care, treatment, and rehabilitation programs to the department whose
functions shall be subject to periodic review by the Legislature and
appropriate federal agencies.
(c) The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdiction with
regard to substance abuse formerly vested in the State Department of
Health.

11847.1. The department shall consult with state and local health
planning bodies and encourage and promote effective use of
facilities, resources, and funds in the development of integrated,
comprehensive local programs for the prevention, care, treatment, and
rehabilitation of narcotic and alcohol and other drug abuse.

11847.2. Any community alcohol and other drug abuse service may by
contract furnish community alcohol and other drug abuse services to
any other county.

11847.3. The department shall, within available resources, consult
with federal, state and local agencies involved in the provision and
delivery of services of prevention, care, treatment, and
rehabilitation of alcohol and other drug abusers.

11847.4. The department shall provide technical assistance,
guidance, and information to local governments and state agencies
with respect to the creation and implementation of programs and
procedures for dealing effectively with alcohol and other drug abuse
prevention, care, treatment, and rehabilitation. The department may
charge a fee for these services.

11847.5. The department shall establish goals and priorities for
all state agencies providing narcotic and alcohol and other drug
abuse services. All state governmental units operating alcohol and
other drug programs or administering or subventing state or federal
funds for alcohol and other drug programs shall annually set their
program priorities and allocate funds in coordination with the
department.

11847.6. The department shall, in the same manner and subject to
the same conditions as other state agencies, develop and submit
annually to the Department of Finance a program budget.

11848. (a) (1) Alcohol and other drug abuse services allowable
under the Medi-Cal program (Chapter 7 (commencing with Section 14000)
of Part 3 of Division 9 of the Welfare and Institutions Code) as
approved by the department and the State Department of Health
Services as qualified for financial participation under Title XIX of
the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) shall
be funded, notwithstanding Sections 11817.3, 11840, and 11840.1, at
100 percent of the state and federal cost by using the county's
existing state General Fund allocation, as appropriated in the
department's annual budget, to first fund the state's portion of the
allowable costs.
(2) For each fiscal year there shall be a separate state General
Fund appropriation in Item 4200-101-0001 of the department's annual
budget for non-Drug Medi-Cal nonperinatal services. There shall also
be an appropriation in Item 4200-102-0001 of the department's annual
budget for Drug Medi-Cal nonperinatal services.
(3) For each fiscal year there shall be a separate state General
Fund appropriation in Item 4200-103-0001 of the department's annual
budget for Drug Medi-Cal perinatal services. Non-Drug Medi-Cal
perinatal services shall be appropriated in Item 4200-104-0001 of the
department's annual budget.
(4) The department shall maintain a contingency reserve of
unexpended state General Funds appropriated for Drug Medi-Cal
allowable services pursuant to subdivision (e) of Section 14132.90 of
the Welfare and Institutions Code.
(5) Unexpended moneys appropriated from the state General Fund for
Drug Medi-Cal expenditures may be transferred for use by counties
for non-Drug Medi-Cal expenditures. Unexpended moneys appropriated
for Drug Medi-Cal expenditures may not be used to provide matching
funds for federal financial participation.
(b) The intent of the Legislature in enacting this section is to
provide a funding source for counties to establish alcohol and other
drug abuse services without any increased costs to the state General
Fund and at the same time not to require the county to provide
additional matching funds in order for the county to use a portion of
its state share of local drug programs Medi-Cal funds now available
to counties without a required 10-percent match.

11848.5. (a) Once the negotiated rate has been approved by the
county, all participating governmental funding sources, except the
Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3
of Division 9 of the Welfare and Institutions Code), shall be bound
to that rate as the cost of providing all or part of the total county
alcohol and other drug program as described in the county plan for
each fiscal year to the extent that the governmental funding sources
participate in funding the county alcohol and other drug program.
Where the State Department of Health Services adopts regulations for
determining reimbursement of alcohol and other drug program services
formerly allowable under the Short-Doyle program and reimbursed under
the Medi-Cal Act, those regulations shall be controlling only as to
the rates for reimbursement of alcohol and other drug program
services allowable under the Medi-Cal program and rendered to
Medi-Cal beneficiaries. Providers under this section shall report to
the department and the county any information required by the
department in accordance with the procedures established by the
director of the department.
(b) The Legislature recognizes that alcohol and other drug abuse
services differ from mental health services provided through the
State Department of Mental Health and therefore should not
necessarily be bound by rate determination methodology used for
reimbursement of those services formerly provided under the
Short-Doyle program and reimbursed under the Medi-Cal Act. The
department and the State Department of Health Services shall,
pursuant to Section 14021.5 of the Welfare and Institutions Code,
develop a ratesetting methodology suitable for alcohol and other drug
services reimbursed under the Medi-Cal program using an
all-inclusive rate encompassing the costs of reimbursable service
functions provided by each authorized modality.

11849. Expenditures incurred pursuant to this part shall be in
accordance with the regulations of the director and shall be subject
to payment whether incurred by direct or joint operation of the
facilities and services, by provisions therefor through contract, or
by other arrangement pursuant to the provisions of this chapter. The
director may make investigations and audits of the expenditures as he
or she may deem necessary.

11849.5. (a) In determining the amounts that may be paid, fees paid
by persons receiving services or fees paid on behalf of those
persons by the federal government, by the California Medical
Assistance Program set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9 of the Welfare and Institutions Code,
and by other public or private sources, shall be deducted from the
costs of providing services. Whenever feasible, alcohol and other
drug abusing persons who are eligible for alcohol and other drug
abuse services under the California Medical Assistance Program shall
be treated in a facility approved for reimbursement in that program.
(b) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be considered as "fees paid by persons" or
"fees paid on behalf of such persons" under this section and the
contributions shall not be applied in determining the amounts to be
paid. The unrestricted contributions shall not be used in part or in
whole to defray the costs or the allocated costs of the California
Medical Assistance Program.

11850. The department shall coordinate all narcotic and alcohol and
other drug abuse services and related programs conducted by state
agencies with the federal government, and shall ensure that there is
no duplication of those programs among state agencies and that all
agreements, contracts, plans, and programs proposed to be submitted
by any state agency, other than the Regents of the University of
California, to the federal government in relation to narcotic and
alcohol and other drug abuse related problems shall first be
submitted to the state department for review and approval.

11850.5. The department may require state agencies to contract with
it for services to carry out the provisions of this division.

11851. The department may accept and expend grants, gifts, and
legacies of money, and, with the consent of the Department of
Finance, accept, manage, and expend grants, gifts, and legacies of
other properties in furtherance of the purposes of this division.

11851.5. In addition to those expenditures authorized under Section
11851, expenditures subject to payment shall include expenses
incurred by members of the local advisory board on alcohol and other
drug programs in providing alcohol and other drug program services
through the implementation of executed negotiated net amount
contracts, and Drug Medi-Cal contracts, or approved county plans.
Payment shall be made of actual and necessary expenses of members
incurred incident to the performance of their official duties and may
include travel, lodging, and meals while on official business.

11852. Whenever a county receives funds under a grant program for
alcohol and other drug abuse services, as well as under the county
plan, negotiated net amount contract, and Drug Medi-Cal contract,
whichever is applicable, from either the federal or state government,
or from any other grantor, public or private, and fails to include
that grant program in the county plan, negotiated net amount
contract, and Drug Medi-Cal contract, whichever is applicable, and
alcohol and other drug program budget, the director shall not
thereafter approve any, or provide, advance payment claims submitted
by the county for state reimbursement under this part unless and
until the county plan, negotiated net amount contract, and Drug
Medi-Cal contract, whichever is applicable, and alcohol and other
drug program budget has been reviewed to include that grant program
and the revised county plan, negotiated net amount contract, and Drug
Medi-Cal contract, whichever is applicable, and budget is approved
by the director.

11852.5. (a) Charges shall be made for services rendered to each
person under a county plan in accordance with this section. Charges
for the care and treatment of each client receiving service under a
county plan, negotiated net amount contract, and Drug Medi-Cal
contract, whichever is applicable, shall not exceed the actual cost
thereof as determined by the director in accordance with standard
accounting practices. The fee requirement shall not apply to
prevention and early intervention services. The director is not
prohibited from including the amount of expenditures for capital
outlay or the interest thereon, or both, in his or her determination
of actual cost. The responsibility of a client, his or her estate, or
his or her responsible relatives to pay the charges shall be
determined in accordance with this section.
(b) Each county shall determine the liability of clients rendered
services under a county plan, negotiated net amount contract, and
Drug Medi-Cal contract, whichever is applicable, and of their estates
or responsible relatives, to pay the charges according to ability to
pay. Each county shall collect the charges. The county shall
establish and maintain policies and procedures for making the
determinations of liability and collections, by collecting
third-party payments and from other sources to the maximum extent
practicable. The written criteria shall be a public record and shall
be made available to the department or any individual. Fees collected
shall be retained at the local level and be applied toward the
purchase of additional drug services.
(c) Services shall not be denied because of a client's ability or
inability to pay. County-operated and contract providers of treatment
services shall set and collect fees using methods approved by the
county alcohol and drug program administrator. All approved fee
systems shall conform to all of the following guidelines and
criteria:
(1) The fee system used shall be equitable.
(2) The fee charged shall not exceed actual cost.
(3) Systems used shall consider the client's income and expenses.
(4) Each provider fee system shall be approved by the county
alcohol and drug program administrator. A description of each
approved system shall be on file in the county board office.
(d) To ensure an audit trail, the county or provider, or both,
shall maintain all of the following records:
(1) Fee assessment schedules and collection records.
(2) Documents in each client's file showing client's income and
expenses, and how each was considered in determining fees.
(e) Each county shall furnish the director with a cost report of
information the director shall require to enable the director to
maintain a cost-reporting system of the costs of alcohol and other
drug program services in the county funded in whole or in part by
state-administered funds. The cost-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. An annual cost report,
for the fiscal year ending June 30, shall be submitted to the
department by November 1.
(f) The Legislature recognizes that alcohol and other drug
programs may provide a variety of services described in this part,
which services will vary depending on the needs of the communities
that the programs serve. In devising a system to assure that a county
has expended its funds pursuant to any applicable executed
negotiated net amount contract, Drug Medi-Cal contract, and approved
county plan, including the budget portions of the plan, the
department shall take into account the flexibility that a county has
in the provision of services and the changing nature of alcohol and
other drug programs in responding to the community's needs.
(g) The department shall maintain a reporting system to assure
that counties have budgeted and expended their funds pursuant to
their executed negotiated net amount contracts, Drug Medi-Cal
contracts, and approved county plans, whichever is applicable.

11853. Counties are encouraged to contract with providers for the
provision of services funded through the county's executed negotiated
net amount contract, Drug Medi-Cal contract, and approved county
plan, whichever is applicable. Counties shall comply with the
regulations of the department for the management of contracts with
community organizations, as contained in the county administration
and program services regulations as developed by the department.

11853.5. The department shall review each county's executed
negotiated net amount contract, Drug Medi-Cal contract, and approved
county plan, whichever is applicable, to determine that it complies
with the requirements of this part and with the standards adopted
under this part.

11854. The department shall devise and implement, in consultation
with the counties, a program reporting method to evidence county
compliance with this part. Until that date, the department shall
ensure the payment and cost-reporting system does not impair the
implementation of this part.

11854.5. Each county may establish standards that meet or exceed
state standards for the treatment and operation of all
county-operated and county-contracted alcohol and other drug
treatment facilities and services, hereafter referred to as a
"quality assurance system." A "quality assurance system" is a
systematic approach for the evaluation of the quality of care, which
approach is designed to promote and maintain efficient, effective,
and appropriate alcohol and other drug treatment services.

11855. Payments or advances of funds to cities, counties, cities
and counties, or other state agencies, which funds 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. No more
than one-twelfth of the amount to be allocated to a given entity for
the fiscal year may be advanced each month.

11855.5. (a) The department may charge a reasonable fee for the
certification or renewal certification of a program that voluntarily
requests the certification. The fee shall be set at a level
sufficient to cover administrative costs of the program certification
process incurred by the department. In calculating the
administrative costs the department shall include staff salaries and
benefits, related travel costs, and state operational and
administrative costs.
(b) The department may contract with private individuals or
agencies to provide technical assistance and training to qualify
programs for state certification. The department may charge a fee for
these services.

11856. The department shall encourage the development of
educational courses that provide core knowledge concerning alcohol
and other drug problems and programs to personnel working within
alcohol and other drug programs.

11856.5. The department shall conduct onsite monitoring and reviews
of individual county-operated alcohol and other drug programs and
alcohol and other drug program administration with emphasis on the
review of county administration. The administrative reviews shall
include sampling of all services, including those provided by county
contract providers.