SB 906: Mental health services and substance use disorder treatment: peer support specialist certification.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program and provides for various services, including various behavioral and mental health services.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The act also requires funds to be reserved for the costs for the State Department of Health Care Services, the California Mental Health Planning Council, the Office of Statewide Health Planning and Development (OSHPD), the Mental Health Services Oversight and Accountability Commission, the State Department of Public Health, and any other state agency to implement all duties pursuant to certain programs provided for by the act, subject to appropriation in the annual Budget Act. The act provides that it may be amended by the Legislature by a ²/₃ vote of each house as long as the amendment is consistent with, and furthers the intent of, the act, and that the Legislature may also clarify procedures and terms of the act by majority vote.

This bill would require the State Department of Health Care Services to establish, no later than July 1, 2020, a peer support specialist certification to support the ongoing provision of services to individuals experiencing mental health care needs, substance use disorder needs, or both by certified peer support specialists. The certification components would include, among others, curriculum and core competencies, training and continuing education requirements, a code of ethics, and a process for the investigation of complaints and corrective action. The bill would require an applicant for the certification as a peer support specialist to meet specified requirements, including successful completion of the curriculum and training requirements.

This bill would require, among other things, the department to collaborate with OSHPD and interested stakeholders in implementing the certification. The bill would authorize the department to use funding provided through the MHSA to fund state administrative costs related to this article, subject to an express appropriation in the annual Budget Act, and to the extent authorized under the Mental Health Services Act. The bill would permit the department to claim federal financial participation under the Medicaid program, as specified.

This bill would authorize the department to establish a certification fee schedule and to require remittance of fees as contained in the schedule, for the purpose of supporting activities associated with the ongoing administration of the peer support specialist certification. The bill would declare the intent of the Legislature that the certification fees charged by the department reasonably reflect the expenditures directly applicable to the ongoing administration of the certification.

This bill would authorize the department to enter into exclusive or nonexclusive contracts on a bid or negotiated basis, as specified. This bill also would authorize the department to implement, interpret, or make specific its provisions by means of informational notices, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action, until regulations are adopted. The bill would require the department to adopt regulations by July 1, 2022, and, commencing July 1, 2019, would require the department to provide semiannual status reports to the Legislature until regulations have been adopted. The bill would provide that the departments implementation of the peer support specialist certification, with respect to Medi-Cal specialty mental health services and Drug Medi-Cal services, is contingent upon federal approval and federal matching funds.

This bill would declare that it clarifies terms and procedures under the Mental Health Services Act.