SENATE BILL No. 363
Introduced by Senator Eggman
February 8, 2023
An act to add Article 7.1 (commencing with Section 1323.2) to Chapter 2 of Division 2 of the Health and Safety Code, relating to health and care facilities, and making an appropriation therefor. legislative counsel’s digest
SB 363, as introduced, Eggman. Facilities for inpatient and residential mental health and substance use disorder: database.
Existing law generally requires the State Department of Public Health to license, inspect, and re gulate health f acilities, defined to include, among other types of health f acilities, an acute psychiatric hospital.
Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and re gulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug reco very treatment or detoxification services.
This bill would require, by January 1, 2025, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stak eholders, to de velop a real-time, internet-based database to collect, aggre gate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the a vailability of inpatient and residential mental health or substance use disorder
99 treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility’s designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for indi viduals in need of inpatient or residential mental health or substance use disorder treatment.
This bill would authorize the department to impose a plan of correction or assess penalties against a facility that fails to submit data accurately, timely, or as otherwise required and w ould establish a process for facilities to appeal these penalties. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Database Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund for administrati ve costs of implementing the database, it would create an appropriation.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 7.1 (commencing with Section 1323.2) line 2 is added to Chapter 2 of Division 2 of the Health and Safety Code, line 3 to read:
line 4
line 5 Article 7.1. Availability of Inpatient and Residential Mental line 6 Health and Substance Use Disorder Treatment Beds line 7
line 8 1323.2. (a) (1) The State Department of Health Care Services, line 9 in consultation with the State Department of Public Health and the line 10 State Department of Social Services, shall de velop a real-time, line 11 internet-based database to collect, aggre gate, and display line 12 information about beds in all of the following facilities to identify line 13 the a vailability of inpatient and residential mental health or line 14 substance use disorder treatment:
line 15 (A) General acute care hospitals designated as part of line 16 supplemental psychiatric unit or chemical dependency service. line 17 (B) Chemical dependency recovery hospitals.
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line 1 (C) Acute psychiatric hospitals and licensed long-term care line 2 facilities with a mental health program appro val or certification line 3 from the State Department of Health Care Services. line 4 (D) Psychiatric health facilities.
line 5 (E) Mental health rehabilitation centers.
line 6 (F) Inpatient psychiatric facilities.
line 7 (G) Crisis stabilization units.
line 8 (H) Licensed community care f acilities with a mental health line 9 program approval or certification from the State Department of line 10 Health Care Services.
line 11 (I) Licensed residential alcoholism or drug ab use recovery or line 12 treatment facilities.
line 13 (2) The facilities specified in paragraph (1) shall submit accurate line 14 and timely data to the database in a form and manner prescribed line 15 by the State Department of Health Care Services in consultation line 16 with the State Department of Public Health and the State line 17 Department of Social Services.
line 18 (3) The database shall be operational by January 1, 2025. line 19 (b) (1) Except as described in paragraph (3), the database line 20 created pursuant to subdi vision (a) shall include, at a minimum, line 21 all of the following:
line 22 (A) The contact information for the f acility’s designated line 23 employee.
line 24 (B) The facility’s license type.
line 25 (C) Whether the f acility pro vides substance use disorder line 26 treatment, mental health treatment, medical treatment, or an y line 27 combination of those treatments.
line 28 (D) Whether the bed is secure for the treatment of a person who, line 29 as a result of a mental health disorder , is a danger to others or to line 30 themselves or gravely disabled, pursuant to P art 1 (commencing line 31 with Section 5000) of Di vision 5 of the Welfare and Institutions line 32 Code.
line 33 (E) The types of diagnoses or treatments for which the bed is line 34 appropriate.
line 35 (F) The age ranges for which the bed is appropriate. line 36 (G) Whether the bed is available.
line 37 (H) Whether the bed is a vailable for children subject to a line 38 petition, and those adjudicated a dependent, pursuant to Section line 39 300 of the Welfare and Institutions Code, nonminor dependents line 40 as defined in subdivision (v) of Section 11400 of the Welfare and 99 SB 363 — 3 —
line 1 Institutions Code, or minors subject to a petition, and those line 2 adjudicated a ward, pursuant to Section 601 or 602 of the Welfare line 3 and Institutions Code.
line 4 (I) For perinatal residential alcoholism or drug abuse recovery line 5 or treatment f acilities, whether the bed is a vailable for a minor line 6 child of individuals receiving treatment at the facility. line 7 (J) The target populations served at the facility. line 8 (K) The levels of care pro vided at the f acility, including, b ut line 9 not limited to, medically or clinically managed detoxification. line 10 (L) Specific services available, by bed, to assist with determining line 11 appropriate placement for treatment, including, but not limited to, line 12 medications for addiction treatment.
line 13 (M) Type of payment accepted at the facility.
line 14 (2) The database created pursuant to subdivision (a) shall have line 15 the following capabilities, at minimum:
line 16 (A) To collect data.
line 17 (B) To enable searches to identify beds that are appropriate for line 18 individuals in need of inpatient or residential mental health or line 19 substance use disorder treatment.
line 20 (3) The database shall not include an y information relating to line 21 state hospitals under the jurisdiction of the State Department of line 22 State Hospitals.
line 23 (4) The database and the information contained therein shall be line 24 maintained in a manner that complies with all applicable state and line 25 federal confidentiality la ws. The database and the information line 26 contained therein shall not be publicly a vailable, and the State line 27 Department of Health Care Services may limit access to entities line 28 authorized by the department in a manner that is consistent with line 29 state and federal confidentiality laws.
line 30 (c) (1) The State Department of Health Care Services shall have line 31 the authority to impose a plan of correction or assess civil money line 32 penalties pursuant to paragraph (2), or both, ag ainst a f acility line 33 specified in subdi vision (a) that f ails to submit data accurately , line 34 timely, or as required pursuant to this section. line 35 (2) The department may determine a reasonable length of time line 36 for completion of a plan of correction. The department may issue line 37 a notice of imposition of civil money penalties if the facility fails line 38 to complete a plan of correction by the time specified. The line 39 department may assess penalties ag ainst a facility in the amount 99 — 4 — SB 363
line 1 of one hundred dollars ($100) per day from the date of notice of line 2 imposition of penalties.
line 3 (3) A facility may submit a written appeal to the department line 4 within 15 working days of the issuance of the notice specified in line 5 paragraph (2). The f acility shall include an y supporting line 6 documentation and e xplain an y mitig ating circumstances. The line 7 department shall mak e a determination on the appeal within 30 line 8 calendar days of receipt of a complete appeal.
line 9 (4) A facility may request a formal hearing within 30 calendar line 10 days of the department’s determination on the appeal pursuant to line 11 paragraph (3). Except for licensed residential alcoholism or drug line 12 abuse reco very or treatment f acilities, hearings to re view the line 13 imposition of civil money penalties shall be conducted pursuant line 14 to the requirements set forth in Section 100171. Ci vil mone y line 15 penalties ag ainst a f acility shall continue to accrue until the line 16 effective date of the final decision of the department. line 17 (5) Notwithstanding Section 100171, hearings to re view the line 18 imposition of ci vil money penalties ag ainst licensed residential line 19 alcoholism or drug abuse recovery or treatment facilities shall be line 20 conducted pursuant to the requirements set forth in Section line 21 11834.37.
line 22 (6) The State Department of Health Care Services may obtain line 23 a court order to reco ver unpaid ci vil money penalties ag ainst a line 24 facility identified in subdivision (a).
line 25 (d) The Available Care for Inpatient and Residential Mental line 26 Health or Substance Use Disorder Treatment Database Maintenance line 27 and Oversight Fund is hereby created in the State Treasury, to be line 28 administered and overseen by the State Department of Health Care line 29 Services. Civil money penalties assessed and collected pursuant line 30 to this section shall be deposited into this fund. Notwithstanding line 31 Section 13340 of the Go vernment Code, the funds deposited in line 32 this fund shall be continuously appropriated, without re gard to line 33 fiscal year, to the State Department of Health Care Services for line 34 purposes of funding its administrati ve costs associated with line 35 implementing this section.
line 36 (e) The department shall confer with stakeholders to inform the line 37 development of the database. Stak eholders represented in this line 38 process shall include, but are not limited to, the State Department line 39 of Public Health, the State Department of Social Services, the line 40 County Behavioral Health Directors Association of California, the 99 SB 363 — 5 —
line 1 California Hospital Association, or ganizations representing line 2 providers, consumers, and f amily members, or ganizations that line 3 have experience providing inpatient psychiatric le vel of care or line 4 services in a general acute care hospital, chemical dependenc y line 5 recovery hospital or an acute psychiatric hospital, licensed line 6 long-term care facilities with a mental health program approval or line 7 certification from the State Department of Health Care Services, line 8 organizations that ha ve e xperience pro viding psychiatric crisis line 9 stabilization, organizations that have experience providing services line 10 in community care f acilities with a State Department of Health line 11 Care Services mental health program appro val or certification, line 12 psychiatric health facilities and mental health rehabilitation centers, line 13 and or ganizations that ha ve e xperience pro viding residential line 14 alcoholism or drug ab use reco very or treatment services. The line 15 department and stakeholders shall consider strategies for facility line 16 use of the database.
line 17 (f) (1) The State Department of Health Care Services and the line 18 State Department of Social Services may enter into e xclusive or line 19 nonexclusive contracts, or amend e xisting contracts, on a bid or line 20 negotiated basis for purposes of administering or implementing line 21 the requirements of this section.
line 22 (2) Contracts entered into or amended pursuant to this section line 23 shall be exempt from Chapter 6 (commencing with Section 14825) line 24 of P art 5.5 of Di vision 3 of Title 2 of the Go vernment Code, line 25 Section 19130 of the Government Code, and Part 2 (commencing line 26 with Section 10100) of Di vision 2 of the Public Contract Code, line 27 and shall be exempt from the review or approval of any division line 28 of the Department of General Services.
line 29 (g) Notwithstanding Chapter 3.5 (commencing with Section line 30 11340) of Part 1 of Division 3 of Title 2 of the Government Code, line 31 the State Department of Health Care Services may implement, line 32 interpret, or mak e specific this section, in whole or in part, by line 33 means of information notices, provider bulletins, or other similar line 34 instructions, without further regulatory action.
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