CA SB 1238

Title: Lanterman-Petris-Short Act: designated facilities.
Author: Susan Talamantes Eggman

Summary
SB 1238, as amended, Eggman. Lanterman-Petris-Short Act: designated facilities. Under existing law, the Lanterman-Petris-Short Act (act), when a person, as a result of a mental health disorder, is a danger to others or to themselves, or gravely disabled, as defined, the person may, upon probable cause, be taken into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services.Existing law defines the above-described designated facility as a facility that is licensed or certified as a mental health treatment facility or a hospital by the State Department of Public Health, and may include, but is not limited to, a licensed psychiatric hospital, a licensed psychiatric health facility, and a certified crisis stabilization unit.This bill would expand the definition of a “facility designated by the county for evaluation and treatment” or “designated facility” by specifying that it may also include a facility that both (1) has appropriate services, personnel, and security to safely treat individuals being held involuntarily and (2) is licensed or certified as a skilled nursing facility, mental health rehabilitation center, social rehabilitation facility, or as a facility capable of providing treatment at American Society of Addiction Medicine levels of care 3.7 to 4.0, inclusive. The bill would authorize a county to designate a facility for the purpose of providing one or more specified treatments required by the act. Existing regulations prohibit a licensed psychiatric health facility or licensed mental health rehabilitation center from admitting an individual who is diagnosed only with a substance use disorder.This bill would require the State Department of Health Care Services to authorize licensed psychiatric health facilities and licensed mental health rehabilitation centers to admit an individual who is diagnosed only with a severe substance use disorder, as defined.Existing law requires a person admitted to a facility for 72-hour treatment and evaluation to receive an evaluation as soon as possible after the person is admitted and to receive whatever treatment and care the person’s condition requires for the full period that they are held, as specified.This bill would require the State Department of Health Care Services to ensure that designated facilities are reimbursed for evaluation and treatment of stand-alone substance use disorders at reimbursement rates equivalent to those provided for evaluation and treatment of mental health disorders.This bill would authorize the State Department of Health Care Services to implement, interpret, or make specific these provisions, in whole or in part, by means of information notices, provider bulletins, or other similar instructions, without taking any further regulatory action.

Status
From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (April 10). Re-referred to Com. on JUD.

Bill Documents
CA SB 1238 - 04/01/24 - Amended Senate
04/01/24 - CA SB 1238 (04/01/24 - Amended Senate)