SECTIONS 5650-5667 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5650-5667

5650. (a) The board of supervisors of each county, or boards of
supervisors of counties acting jointly, shall adopt, and submit to
the Director of Mental Health in the form and according to the
procedures specified by the director, a proposed annual county mental
health services performance contract for mental health services in
the county or counties.
(b) The State Department of Mental Health shall develop and
implement the requirements, format, procedure, and submission dates
for the preparation and submission of the proposed performance
contract.

5650.5. Any other provision of law referring to the county
Short-Doyle plan shall be construed as referring to the county mental
health services performance contract described in this chapter.

5651. The proposed annual county mental health services performance
contract shall include all of the following:
(a) The following assurances:
(1) That the county is in compliance with the expenditure
requirements of Section 17608.05.
(2) That the county shall provide the mental health services
required by Chapter 26.5 (commencing with Section 7570) of Division 7
of Title 1 of the Government Code and will comply with all
requirements of that chapter.
(3) That the county shall provide services to persons receiving
involuntary treatment as required by Part 1 (commencing with Section
5000) and Part 1.5 (commencing with Section 5585).
(4) That the county shall comply with all requirements necessary
for Medi-Cal reimbursement for mental health treatment services and
case management programs provided to Medi-Cal eligible individuals,
including, but not limited to, the provisions set forth in Chapter 3
(commencing with Section 5700), and that the county shall submit cost
reports and other data to the department in the form and manner
determined by the department.
(5) That the local mental health advisory board has reviewed and
approved procedures ensuring citizen and professional involvement at
all stages of the planning process pursuant to Section 5604.2.
(6) That the county shall comply with all provisions and
requirements in law pertaining to patient rights.
(7) That the county shall comply with all requirements in federal
law and regulation pertaining to federally funded mental health
programs.
(8) That the county shall provide all data and information set
forth in Sections 5610 and 5664.
(9) That the county, if it elects to provide the services
described in Chapter 2.5 (commencing with Section 5670), shall comply
with guidelines established for program initiatives outlined in that
chapter.
(10) Assurances that the county shall comply with all applicable
laws and regulations for all services delivered.
(b) The county's proposed agreement with the department for state
hospital usage as required by Chapter 4 (commencing with Section
4330) of Part 2 of Division 4.
(c) Performance contracts required by this chapter shall include
any contractual requirements needed for any program initiatives
utilized by the county contained within this part. In addition, any
county may choose to include contract provisions for other state
directed mental health managed programs within this performance
contract.
(d) Other information determined to be necessary by the director,
to the extent this requirement does not substantially increase county
costs.

5651.2. For the 1991-92 fiscal year, each county shall, no later
than October 1, 1991, submit to the department a simplified
performance contract. The performance contract shall contain
information that the department determines necessary for the
provision and funding of mental health services provided for in law.
The performance contract shall include, but not be limited to,
assurances necessary to ensure compliance with federal law. In
addition, the performance contract may include provisions governing
reimbursement to the state for costs associated with state hospitals
and institutions for mental disease.

5652.5. (a) Each county shall utilize available private and private
nonprofit mental health resources and facilities in the county prior
to developing new county-operated resources or facilities when these
private and private nonprofit mental health resources or facilities
are of at least equal quality and cost as county-operated resources
and facilities and shall utilize available county resources and
facilities of at least equal quality and cost prior to new private
and private nonprofit resources and facilities. All the available
local public or private and private nonprofit facilities shall be
utilized before state hospitals are used.
(b) Nothing in this section shall prevent a county from
restructuring its systems of care in the manner it believes will
provide the best overall care.

5652.7. A county shall have only 60 days from the date of
submission of an application to review and certify or deny an
application to establish a new mental health care provider. If an
application requires review by the State Department of Health
Services, the department shall also have only 60 days from the date
of submission of the application to review and certify or deny an
application to establish a new mental health care provider.

5653. In developing the county Short-Doyle plan, optimum use shall
be made of appropriate local public and private organizations,
community professional personnel, and state agencies. Optimum use
shall also be made of federal, state, county, and private funds which
may be available for mental health planning.
In order that maximum utilization be made of federal and other
funds made available to the Department of Rehabilitation, the
Department of Rehabilitation may serve as a contractual provider
under the provisions of a county Short-Doyle plan of vocational
rehabilitation services for the mentally disordered.

5653.1. In conducting evaluation, planning, and research activities
to develop and implement the county Short-Doyle plan, counties may
contract with public or private agencies.

5654. In order to serve the increasing needs of children and
adolescents with mental and emotional problems, county mental health
programs may use funds allocated under the Short-Doyle Act for the
purposes of consultation and training.

5655. All departments of state government and all local public
agencies shall cooperate with county officials to assist them in
mental health planning. The State Department of Mental Health shall,
upon request and with available staff, provide consultation services
to the local mental health directors, local governing bodies, and
local mental health advisory boards.
If the Director of Mental Health considers any county to be
failing, in a substantial manner, to comply with any provision of
this code or any regulation, or with the approved county Short-Doyle
plan, the director shall order the county to appear at a hearing,
before the director or the director's designee, to show cause why the
department should not take action as set forth in this section. The
county shall be given at least 20 days' notice of such hearing. The
director shall consider the case on the record established at the
hearing and make final findings and decision.
If the director determines that there is or has been a failure, in
a substantial manner, on the part of the county to comply with any
provision of this code or any regulations or the approved county
Short-Doyle plan, and that administrative sanctions are necessary,
the department may invoke any, or any combination of, the following
sanctions:
(a) Withhold part or all of state mental health funds from such
county.
(b) Require the county to enter into negotiations for the purpose
of assuring county Short-Doyle plan compliance with such laws and
regulations.
(c) Bring an action in mandamus or such other action in court as
may be appropriate to compel compliance. Any such action shall be
entitled to a preference in setting a date for a hearing.

5657. (a) The private organization or private nonprofit
organization awarded a contract with the county agency to supply
mental health services under this part shall provide an invoice to
the county for the amount of the payment due within 60 days of the
date the services are supplied, as long as that date is at least 60
days from the date the county has received distribution of mental
health funds from the state.
(b) Any county that, without reasonable cause, fails to make any
payment within 60 days of the required payment date to a private
organization or private nonprofit organization awarded a contract
with the county agency to supply mental health services under this
part, for an undisputed claim which was properly executed by the
claimant and submitted to the county, shall pay a penalty of 0.10
percent of the amount due, per day, from the 61st day after the
required payment date.
(c) For the purposes of this section, "required payment date"
means any of the following:
(1) The date on which payment is due under the terms of the
contract.
(2) If a specific date is not established by contract, the date
upon which an invoice is received, if the invoice specifies payment
is due upon receipt.
(3) If a specific date is not established by contract or invoice,
60 days after receipt of a proper invoice for the amount of the
payment due.
(d) The penalty assessed under this section shall not be paid from
the Bronzan-McCorquodale program funds or county matching funds. The
penalty provisions of this section shall not apply to the late
payment of any federal funds or Medi-Cal funds.

5664. (a) County mental health systems shall provide reports and
data to meet the information needs of the state.
(b) The department shall not implement this section in a manner
requiring a higher level of service for state reporting needs than
that which it was authorized to require prior to July 1, 1991.

5664.5. (a) County mental health systems shall continue to provide
data required by the State Department of Mental Health to establish
uniform definitions and time increments for reporting type and cost
of services received by local mental health program clients.
(b) This section shall remain in effect only until January 1,
1994, and as of that date is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 1994,
deletes or extends the dates on which it is repealed; or until the
date upon which the director informs the Legislature that the new
data system is established pursuant to Section 5610, whichever is
later, unless the provisions of the section are required by the
federal government as a condition of funding for the Short-Doyle
Medi-Cal program.

5665. After the development of performance outcome measures
pursuant to Section 5610, whenever a county makes a substantial
change in its allocation of mental health funds among services,
facilities, programs, and providers, it shall, at a regularly
scheduled public hearing of the board of supervisors, document that
it based its decision on the most cost-effective use of available
resources to maximize overall client outcomes, and provide this
documentation to the department.

5666. (a) The Director of Mental Health shall review each proposed
county mental health services performance contract to determine that
it complies with the requirements of this division.
(b) The director shall require modifications in the proposed
county mental health services performance contract which he or she
deems necessary to bring the proposed contract into conformance with
the requirements of this division.
(c) Upon approval by both parties, the provisions of the
performance contract required by Section 5651 shall be deemed to be a
contractual arrangement between the state and county.

5667. (a) A community mental health center shall be considered to
be a licensed facility for all purposes, including all provisions of
the Health and Safety Code and the Insurance Code.
(b) For purposes of this section, "community mental health center"
means any entity that is one of the following:
(1) A city or county mental health program.
(2) A facility funded under the federal Community Mental Health
Centers Act, contained in Subchapter 3 (commencing with Section 2681)
of Chapter 33 of Title 42 of the United States Code.
(3) A nonprofit agency that has a contract with a county mental
health program to provide both of the following:
(A) A comprehensive program of mental health services in an
outpatient setting designed to improve the function of persons with
diagnosed mental health problems pursuant to procedures governing all
aspects of the program formulated with the aid of multidisciplinary
staff, including physicians and surgeons, all of whom serve on
quality assurance and utilization review committees.
(B) Diagnostic and therapeutic services for individuals with
diagnosed mental health problems, together with related counseling.