LAWS & NEEDED REFORM

Current Legislation

* STATUS OF RELEVANT LEGISLATION PENDING IN CALIFORNIA - AS OF MAY 27, 2023*

 

*bills that seem to be part of the Governor’s MHSA Modernization package

 

Note: All the bills tracked here (except Niello’s) are now in Appropriations Committees’ suspense files. CalMatters explains here what a suspense file is (temporary holding place – required when awaiting release of budget projections – or, a place where bills go to die quietly).

 

AB 280by Assemblymember Holden, limits solitary confinement in prisons & jails.  LA Times on this “Mandela bill.”  Supported by NAMI-CA and co-authored by Mia Bonta and Nancy Skinner. It was heard in the Assembly Appropriations Cmte. on May 18, passed as amended, and well be returned for a second reading.

 

AB 512, by Assemblymember Waldron, creates a real-time database of available psychiatric hospital beds, crisis stabilization beds, residential mental health beds, and drug and alcohol treatment beds.  It was heard in the Assembly Appropriations Cmte. on March 23 and referred to the “suspense file.” On May 18, it was retained in the cmte., which may keep it from passing. In the past the Governor has created difficulty for bills that attempt to create a clear picture of the availability of beds.

 

*AB 459, by Sen. Haney & supported by the Steinberg Institute, establishes a commission to evaluate mental health services and a sort of bill of rights for mental health treatment.  It passed the Assembly Health Cmte. on April 11, 15-0. On May 18, it passed the Appropriations Cmte. 15-0 and will be returned for a third reading.

 

AB 1437, by Assemblymember Irwin, appears to make it easier to refill a drug prescription for serious mental illness; refill will be automatically approved for 365 days.  Passed Assembly Health Cmte. 15-0 on April 11; was heard in the Assembly Appropriations Committee and referred to the suspense file; on May 18, it passed 15-0 and will be returned for a third reading.

 

SB 43, Sen. Eggman’s bill – which FASMI endorses – expands the definition of “gravely disabled.”  It passed the Assembly Judiciary Cmte. on April 25, 11 to 0.  On May 18, it passed the Appropriations Committee 7-0 without amendments and will be returned for a third reading. 

 

 

SB 45, by Sen. Roth, creates a loan fund for building, expanding, or renovating acute psychiatric hospitals.  It passed the Senate Health Cmte. March 23, 7-0.  On May 18, in Appropriations Committee, it was amended and then passed 7-0; it was returned for a third reading. 

 

SB 65, by Sen. Ochoa Bogh, appropriates $1 billion more for psych beds of many kinds (like the BHCIP program), giving preference to reopening closed facilities.  On March 23, it passed Senate Health Cmte. 7-0.  On April 10, it was put in the “suspense” file by the Appropriations Cmte. and on May 18 was held “under submission” – which could kill it.

 

SB 513, by Sen. Scott Wiener, would require state prisons to provide voluntary mental health treatment to more inmates. On May 18, the Appropriations Cmte. held it “under submission” – which could kill it.

 

SB 232, Sen. Niello’s version of the expansion of “gravely disabled” differs from SB 43 in that it does not mention substance abuse, and in a few other ways.  Referred on Feb. 1 to to Senate Health and Judiciary Cmtes. where it does not seem to have been voted on.

 

*SB 326, a bill by Sen. Eggman amending the Mental Health Services Act to add a requirement that counties request Medi-Cal reimbursement for some services paid for by MHSA money.  It has passed the Health Cmte. and, on May 18, passed the Appropriations Cmte. 6-0 where it will return for a third reading.

 

SB 363, a bill by Sen. Eggman creating a database of beds in psych hospitals. It has passed the Health & Judiciary Cmtes.  On May 18, in the Appropriations Cmte., it was amended to move the compliance date a year further out; it passed as amended 7-0 and will be returned for a second reading.

This section of the website will eventually will also address some concerns  regarding laws governing SMI that FASMI is addressing, including:

 

STATUTORY PROBLEMS AT FEDERAL LEVEL

HIPAA rules – problems and need for clarification

– https://www.treatmentadvocacycenter.org/component/content/article/183-in-a-crisis/1850-hipaa-at-a-glance

OTHER STATUTORY PROBLEMS AT CALIFORNIA STATE LEVEL

LPS Reform

         definition of gravely disabled      

         prevent hospitalization / prevent early treatment

         conservatorships

         antagonism between family members

         unwieldy processes (as intended) vs. due process

           immunity for persons  discharging patients

 

Recharacterization of SMI and medical condition [mentioned in “What is SMI?”]

 

Right to Treatment 

 

Parity with physical m