SECTIONS 5900-5901 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5900-5901

5900. This part is intended to organize and finance mental health
services in skilled nursing facilities designated as institutions for
mental disease, in a way that will promote the well-being of the
residents. It is furthermore intended to effectively utilize existing
resources in the delivery of mental health services to severely and
persistently mentally disabled persons; to ensure continued receipt
of federal funds; to minimize the fiscal exposure of counties; to
maintain state responsibility for licensing and certification; to
maintain services to individual county consumers at the 1990-91
fiscal year levels; and to provide a mechanism for the orderly
transition of programmatic and fiscal responsibility from the state
to the counties, in a way that will maintain the stability and
viability of the industry.

5901. (a) The Legislature finds that the following issues relating
to program operation must be resolved prior to the full assumption of
responsibility for institutions for mental disease program
monitoring and reimbursement procedures by the counties:
(1) The information regarding the program is inadequate to
accurately allocate funding to the counties without significant
disruption of patient care.
(2) There is currently no administrative mechanism whereby all
counties can immediately assume these responsibilities without
endangering the health and safety of the persons being served.
(b) (1) During the 1991-92 fiscal year, the sum of eighty-seven
million seven hundred twenty-seven thousand dollars ($87,727,000)
shall be made available from the Mental Health Subaccount of the
Sales Tax Account of the Local Revenue Fund to the department for
support of institutions for mental disease.
(2) For the 1991-92 fiscal year, the department shall issue a
preliminary allocation of at least fifty-seven million four hundred
fifty thousand dollars ($57,450,000) of the amount identified in
paragraph (1). In developing a preliminary allocation, the department
shall utilize a methodology that will minimize disruption of
services to persons being served and that will continue access at the
1990-91 fiscal year level.
(3) During the 1991-92 fiscal year, the department shall
administer institution for mental disease resources remaining from
the amount identified in paragraph (1) after the allocation described
in (2) has been made, as a risk pool on behalf of all the counties.
Effective July 1, 1991, the department shall enter into contracts
with institutions for mental disease providers at the 1990-91 fiscal
year contract bed level. These resources shall be made available to
all counties.
(4) The department shall establish a method for the identification
of persons, by county, residing in institutions for mental disease,
and notification of counties of their program and fiscal
responsibilities.
(c) The Department of Finance may authorize a loan of up to twenty
million dollars ($20,000,000) from the General Fund for deposit into
the Institutions for Mental Disease Account of the Mental Health
Facilities Fund established pursuant to Section 17602.05, for use by
the State Department of Mental Health in implementing this part.