SECTIONS 4696-4697 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4696-4697

4696. The Legislature places a high priority on ensuring that
regional center clients and their families can avail themselves of
mental health services which are appropriate to meet their needs. The
purpose of this article is to determine methods of identifying these
clients as well as the type and extent of services which should be
available.

4696.1. (a) The Legislature finds and declares that improved
cooperative efforts between regional centers and county mental health
agencies are necessary in order to achieve each of the following:
(1) Increased leadership, communication, and organizational
effectiveness between regional centers and county mental health
agencies.
(2) Decreased costs and minimized fiscal risk in serving persons
who are dually diagnosed with mental illness and developmental
disabilities.
(3) Continuity of services.
(4) Improved quality of mental health outcomes for persons who are
dually diagnosed.
(5) Optimized utilization of agency resources by building on the
strengths of each organization.
(6) Timely resolution of conflicts.
(b) In order to achieve the outcomes specified in subdivision (a),
by July 1, 1999, each regional center and county mental health
agency shall develop a memorandum of understanding to do all of the
following:
(1) Identify staff who will be responsible for all of the
following:
(A) Coordinate service activity between the two agencies.
(B) Identify dually diagnosed consumers of mutual concern.
(C) Conduct problem resolution for those consumers serviced by
both systems.
(2) Develop a general plan for crisis intervention for persons
served by both systems. The plan shall include after-hours emergency
response systems, interagency notification guidelines, and followup
protocols.
(3) Develop a procedure by which each dually diagnosed consumer
shall be the subject of a case conference conducted jointly by both
regional center staff and county mental health as soon as possible
after admission into a county operated or contracted acute, inpatient
mental health facility. The case conference shall confirm the
diagnosis and the treatment plan.
(4) Develop a procedure by which planning for dually diagnosed
consumers admitted to a mental health inpatient facility shall be
conducted collaboratively by both the regional center and the local
mental health agency and shall commence as soon as possible or as
deemed appropriate by the treatment staff. The discharge plan shall
include subsequent treatment needs and the agency responsible for
those services.
(5) Develop a procedure by which regional center staff and county
mental health staff shall collaborate to plan and provide training to
community service providers, including day programs, residential
facilities, and intermediate care facilities, regarding effective
services to persons who are dually diagnosed. This training shall
include crisis prevention with a focus on proactively recognizing
crisis and intervening effectively with consumers who are dually
diagnosed.
(6) Develop a procedure by which the regional center and the
county mental health agency shall work toward agreement on a
consumer-by-consumer basis on the presenting diagnosis and medical
necessity, as defined by regulations of the State Department of
Mental Health.
(c) The department and the State Department of Mental Health shall
collaborate to provide a statewide perspective and technical
assistance to local service regions when local problem resolution
mechanisms have been exhausted and state level participation has been
requested by both local agencies.
(d) The director of the local regional center and the director of
the county mental health agency or their designees shall meet as
needed but no less than annually to do all of the following:
(1) Review the effectiveness of the interagency collaboration.
(2) Address any outstanding policy issues between the two
agencies.
(3) Establish the direction and priorities for ongoing
collaboration efforts between the two agencies.
(e) Copies of each memorandum of understanding shall be forwarded
to the State Department of Developmental Services upon completion or
whenever amended. The department shall make copies of the memorandum
of understanding available to the public upon request.
(f) By May 15 of each year, the department shall provide all of
the following information to the Legislature:
(1) The status of the memorandums of understanding developed
jointly by each regional center and the county mental health agency
and identify any barriers to meeting the outcomes specified in this
section.
(2) The availability of mobile crisis intervention services,
including generic services, by regional center catchment area,
including the names of vendors and rates paid.
(3) A description of each regional center's funded emergency
housing options, including the names and types of vendors, the number
of beds and rates, including, but not limited to, crisis emergency
group homes, crisis beds in a regular group home, crisis foster
homes, motel or hotel or psychiatric facility beds, and whether each
emergency housing option serves minors or adults and whether it is
physically accessible.

4697. (a) The Legislature finds and declares all of the following:
(1) The methods of establishing rates of payment for providers of
services and supports to persons with developmental disabilities in
the community should reflect the actual costs of ensuring high
quality and stable services.
(2) State law and regulations should reflect the type and design
of community-based services and supports necessary to best meet the
needs and choices of individuals with developmental disabilities and
their families.
(3) The licensing, vendoring, and monitoring of service and
support providers is necessary to ensure the safety and satisfaction
of consumers and should be achieved in a manner that is respectful of
consumer privacy and choices, responsive to consumers and families,
minimizes complexity and duplication, fosters partnership between
state agencies and regional centers and provider in the delivery of
high-quality services and supports, and respond swiftly to protect
the rights and health of consumers.
(4) System stakeholders must work collaboratively and continuously
to ensure that the design, funding methodology, and monitoring of
the service and support delivery system reflects the values and goals
of those served.
(b) It is the intent of the Legislature that the State Department
of Developmental Services facilitate joint meetings between system
stakeholders, as appropriate, to review the service delivery system
and make recommendations for change when desirable. The efforts may
include, but are not limited to:
(1) The process by which regional centers vendor providers of
services and supports and make recommendations for changes to improve
the quality of services and supports and choices of consumers and
families in selecting providers.
(2) Ratesetting methodologies and recommendations to maximize
cost-effectiveness while emphasizing quality, variety, and
flexibility in the delivery of services and supports.
(3) The various monitoring and oversight functions of state and
local agencies and recommendations for improving effectiveness and
minimizing duplication.