CA SB 1082

Title: Augmented residential care facilities.
Author: Susan Talamantes Eggman

Summary
SB 1082, as amended, Eggman. Augmented residential care facilities. Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services in every county through locally administered and locally controlled community mental health programs.Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of various community care facilities, including, but not limited to, adult residential facilities and enhanced behavioral supports homes, as defined, by the State Department of Social Services. Under existing law, the department similarly regulates residential care facilities for the elderly. A violation of provisions relating to these facilities is a misdemeanor.This bill would require the State Department of Health Care Services (DHCS), jointly with the County Behavioral Health Directors Association of California, to implement a certification program to provide augmented services to adults with serious mental illness in homelike community settings, and would require those settings to be licensed by the State Department of Social Services (DSS) as a type of enhanced behavioral supports home known as an augmented residential care facility (ARCF). The bill would require an ACRF to have a maximum capacity of 6 residents, and to conform with the requirements of a specified federal regulation relating to community-based settings and specified provisions of the California Community Care Facilities Act. The bill would require the DHCS to issue a certification of program approval to an ARCF before DSS issues a license. The bill would require the DHCS to establish by regulation a rate methodology for ARCFs that includes a fixed-facility component for residential services and an individualized services and support component based on each consumer’s needs, as specified. The bill would prohibit a local mental or behavioral health agency from paying a rate to an ARCF for a consumer that exceeds the rate in the DHCS-approved ARCF placement plan for the facility unless certain conditions are met. The bill would authorize a local mental or behavioral health agency to recommend an applicant for certification to the DHCS as part of an approved community placement plan if the applicant meets specified requirements. The bill would authorize DHCS to decertify an ARCF that does not comply with program requirements, and to make recommendations to DSS regarding the facility’s license. The bill also would authorize DHCS to initiate proceedings for temporary suspension of the license, as specified. The bill would be implemented only to the extent that funds for its purposes are made available through an appropriation in the annual Budget Act.By creating requirements for augmented residential care facilities, a violation of which would be a crime, and by imposing new duties on local behavioral health agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Status
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 15).

Bill Documents
CA SB 1082 - 03/14/24 - Amended Senate
03/14/24 - CA SB 1082 (03/14/24 - Amended Senate)