Amended in Assembly August 18, 2016

Amended in Assembly August 31, 2015

Amended in Assembly July 16, 2015

Amended in Assembly July 6, 2015

Amended in Senate April 6, 2015

Senate Bill No. 614

Introduced by Senator begin delete Leno end delete begin insert Hertzberg end insert

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(Coauthor: Senator Anderson)

end delete begin insert

(Coauthor: Senator Leno)

end insert begin insert

(Coauthor: Assembly Member Mayes)

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February 27, 2015

An act to begin delete add Article 1.4 (commencing with Section 14045.10) to Chapter 7 of Part 3 of Division 9 of, the Welfare and Institutions Code, relating to Medi-Cal. end delete begin insert amend Section 987.8 of the Penal Code, relating to criminal procedure. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 614, as amended, begin delete Leno end delete   begin insert Hertzberg end insert . begin delete Medi-Cal: mental health services: peer, parent, transition-age, and family support specialist certification. end delete begin insert Criminal procedure: legal assistance: ability to pay. end insert

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Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified.

end insert begin insert

This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.

end insert begin delete

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 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.

end delete begin delete

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.

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This bill would require the State Department of Health Care Services to establish, by July 1, 2017, a statewide peer, parent, transition-age, and family support specialist certification program, as a part of the state’s comprehensive mental health and substance use disorder delivery system and the Medi-Cal program. The bill would include 4 certification categories: adult peer support specialists, transition-age youth peer support specialists, family peer support specialists, and parent peer support specialists. The certification program’s components would include, among others, defining responsibilities and practice guidelines, determining curriculum and core competencies, specifying training and continuing education requirements, and establishing a code of ethics and certification revocation processes. The bill would require an applicant for the certification as a peer, parent, transition-age, and family support specialist to meet specified requirements, including successful completion of the curriculum and training requirements.

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This bill would require the department to collaborate with OSHPD and interested stakeholders in developing the certification program, and to obtain technical assistance pursuant to a specified joint state-county decisionmaking process. The bill would authorize the department to use funding provided through the MHSA and designated funds administered by OSHPD, to develop and administer the program, and would authorize the use of these MHSA funds to serve as the state’s share of funding to develop and administer the program for the purpose of claiming federal financial participation under the Medicaid Program.

end delete begin delete

This bill would authorize the department to establish a certification fee schedule and require remittance of fees as contained in the schedule, for the purpose of supporting the department’s activities associated with the ongoing state administration of the peer, parent, transition-age, and family support specialist certification program. The bill would require the department to utilize the other funding resources made available under the bill before determining the need for the certification fee schedule and requiring the remittance of fees. The bill would declare legislative intent that the certification fees be reasonable and reflect the expenditures directly applicable to the ongoing state administration of the program.

end delete begin delete

This bill would require the department to amend the Medicaid state plan to include a certified peer, parent, transition-age, and family support specialist as a provider type for purposes of the Medi-Cal program, but would implement this provision only if and to the extent that federal financial participation is available and the department obtains all necessary federal approvals. The bill would authorize the department to enter into exclusive or nonexclusive contracts on a bid or nonbid basis, as specified, on a statewide or more limited geographic basis. This bill also would authorize the department to implement, interpret, or make specific its provisions by various informational documents until regulations are adopted.

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

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 987.8 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

987.8.  

(a) Upon a finding by the court that a defendant is
entitled to counsel but is unable to employ counsel, the court may
hold a hearing or, in its discretion, order the defendant to appear
before a county officer designated by the court, to determine
whether the defendant owns or has an interest in any real property
or other assets subject to attachment and not otherwise exempt by
law. The court may impose a lien on any real property owned by
the defendant, or in which the defendant has an interest to the
extent permitted by law. The lien shall contain a legal description
of the property, shall be recorded with the county recorder in the
county or counties in which the property is located, and shall have
priority over subsequently recorded liens or encumbrances. The
county shall have the right to enforce its lien for the payment of
providing legal assistance to an indigent defendant in the same
manner as other lienholders by way of attachment, except that a
county shall not enforce its lien on a defendant’s principal place
of residence pursuant to a writ of execution. No lien shall be
effective as against a bona fide purchaser without notice of the
lien.

(b) In any case in which a defendant is provided legal assistance,
either through the public defender or private counsel appointed by
the court, upon conclusion of the criminal proceedings in the trial
court, or upon the withdrawal of the public defender or appointed
private counsel, the court may, after notice and a hearing, make a
determination of the present ability of the defendant to pay all or
a portion of the cost thereof. The court may, in its discretion, hold
one such additional hearing within six months of the conclusion
of the criminal proceedings. The court may, in its discretion, order
the defendant to appear before a county officer designated by the
court to make an inquiry into the ability of the defendant to pay
all or a portion of the legal assistance provided.

(c) In any case in which the defendant hires counsel replacing
a publicly provided attorney; in which the public defender or
appointed counsel was required by the court to proceed with the
case after a determination by the public defender that the defendant
is not indigent; or, in which the defendant, at the conclusion of the
case, appears to have sufficient assets to repay, without undue
hardship, all or a portion of the cost of the legal assistance provided
to him or her, by monthly installments or otherwise; the court shall
make a determination of the defendant’s ability to pay as provided
in subdivision (b), and may, in its discretion, make other orders
as provided in that subdivision.

This subdivision begin delete shall be operative in end delete begin insert applies to end insert a county only
upon the adoption of a resolution by the board of supervisors to
that effect.

(d) If the defendant, after having been ordered to appear before
a county officer, has been given proper notice and fails to appear
before a county officer within 20 working days, the county officer
shall recommend to the court that the full cost of the legal
assistance shall be ordered to be paid by the defendant. The notice
to the defendant shall contain all of the following:

(1) A statement of the cost of the legal assistance provided to
the defendant as determined by the court.

(2) The defendant’s procedural rights under this section.

(3) The time limit within which the defendant’s response is
required.

(4) A warning that if the defendant fails to appear before the
designated officer, the officer will recommend that the court order
the defendant to pay the full cost of the legal assistance provided
to him or her.

(e) At a hearing, the defendant shall be entitled to, but shall not
be limited to, all of the following rights:

(1) The right to be heard in person.

(2) The right to present witnesses and other documentary
evidence.

(3) The right to confront and cross-examine adverse witnesses.

(4) The right to have the evidence against him or her disclosed
to him or her.

(5) The right to a written statement of the findings of the court.

If the court determines that the defendant has the present ability
to pay all or a part of the cost, the court shall set the amount to be
reimbursed and order the defendant to pay the sum to the county
in the manner in which the court believes reasonable and
compatible with the defendant’s financial ability. Failure of a
defendant who is not in custody to appear after due notice is a
sufficient basis for an order directing the defendant to pay the full
cost of the legal assistance determined by the court. The order to
pay all or a part of the costs may be enforced in the manner
provided for enforcement of money judgments generally but may
not be enforced by contempt.

Any order entered under this subdivision is subject to relief under
Section 473 of the Code of Civil Procedure.

(f) Prior to the furnishing of counsel or legal assistance by the
court, the court shall give notice to the defendant that the court
may, after a hearing, make a determination of the present ability
of the defendant to pay all or a portion of the cost of counsel. The
court shall also give notice that, if the court determines that the
defendant has the present ability, the court shall order him or her
to pay all or a part of the cost. The notice shall inform the defendant
that the order shall have the same force and effect as a judgment
in a civil action and shall be subject to enforcement against the
property of the defendant in the same manner as any other money
judgment.

(g) As used in this section:

(1) “Legal assistance” means legal counsel and supportive
services including, but not limited to, medical and psychiatric
examinations, investigative services, expert testimony, or any other
form of services provided to assist the defendant in the preparation
and presentation of the defendant’s case.

(2) “Ability to pay” means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of the legal
assistance provided to him or her, and shall include, but not be
limited to, all of the following:

(A) The defendant’s present financial position.

(B) The defendant’s reasonably discernible future financial
position. In no event shall the court consider a period of more than
six months from the date of the hearing for purposes of determining
the defendant’s reasonably discernible future financial position.
Unless the court finds unusual circumstances, a defendant
sentenced to state begin delete prison end delete begin insert prison, or to county jail for a period
longer than 364 days, including, but not limited to, a sentence
imposed pursuant to subdivision (h) of Section 1170, end insert shall be
determined not to have a reasonably discernible future financial
ability to reimburse the costs of his or her defense.

(C) The likelihood that the defendant shall be able to obtain
employment within a six-month period from the date of the hearing.

(D) Any other factor or factors begin delete which end delete begin insert that end insert may bear upon the
defendant’s financial capability to reimburse the county for the
costs of the legal assistance provided to the defendant.

(h) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom
a judgment has been rendered may petition the rendering court to
modify or vacate its previous judgment on the grounds of a change
in circumstances with regard to the defendant’s ability to pay the
judgment. The court shall advise the defendant of this right at the
time it renders the judgment.

(i) This section shall apply to all proceedings, including
contempt proceedings, in which the party is represented by a public
defender or appointed counsel.

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SECTION 1.  

Article 1.4 (commencing with Section 14045.10)
is added to Chapter 7 of Part 3 of Division 9 of the Welfare and
Institutions Code, to read:

 

Article 1.4.  Peer, Parent, Transition-Age, and Family Support
Specialist Certification Program

 

14045.10.  

This article shall be known, and may be cited, as
the Peer, Parent, Transition-Age, and Family Support Specialist
Certification Program Act of 2015.

14045.11.  

The Legislature finds and declares all of the
following:

(a) With the enactment of the Mental Health Services Act in
2004, support to include peer providers identified as consumers,
parents, and family members for the provision of services has been
on the rise.

(b) There are over 6,000 peer providers in California who
provide individualized support, coaching, facilitation, and
education to clients with mental health care needs and substance
use disorder, in a variety of settings, yet no statewide scope of
practice, standardized curriculum, training standards, supervision
standards, or certification protocol is available.

(c) The United States Department of Veterans Affairs and over
30 states utilize standardized curricula and certification protocols
for peer support services.

(d) The federal Centers for Medicare and Medicaid Services
(CMS) recognizes peer support services as an evidence-based
model of care and notes it is an important component in a state’s
delivery of effective mental health and substance use disorder
treatment. The CMS encourages states to offer peer support
services as a component of a comprehensive mental health and
substance use disorder delivery system and federal financial
participation is available for this purpose.

(e) A substantial number of research studies demonstrate that
peer supports improve client functioning, increase client
satisfaction, reduce family burden, alleviate depression and other
symptoms, reduce hospitalizations and hospital days, increase
client activation, and enhance client self-advocacy.

(f) Certification at the state level can incentivize the public
mental health system and the Medi-Cal program, including the
Drug Medi-Cal program, to increase the number, diversity, and
availability of peer providers and peer-driven services.

14045.12.  

It is the intent of the Legislature that the peer, parent,
transition-age, and family support specialist certification program,
established under this article, achieve all of the following:

(a) Establish the ongoing provision of peer support services for
beneficiaries experiencing mental health care needs, substance use
disorder needs, or both by certified peer support specialists.

(b) Provide support, coaching, facilitation, and education to
beneficiaries with mental health needs, substance use disorder
needs, or both, and to families or significant support persons.

(c) Provide increased family support, building on the strengths
of families and helping them achieve desired outcomes.

(d) Provide a part of a wraparound continuum of services, in
conjunction with other community mental health services and other
substance use disorder services.

(e) Collaborate with others providing care or support to the
beneficiary or family.

(f) Assist parents, when applicable, in developing coping
mechanisms and problem-solving skills.

(g) Provide an individualized focus on the beneficiary, the
family, or both, as needed.

(h) Encourage employment under the peer, parent, transition-age,
and family support specialist certification program to reflect the
culture, ethnicity, sexual orientation, gender identity, mental health
service experiences, and substance use disorder experiences of the
people whom they serve.

(i) Promote socialization, recovery, self-sufficiency,
self-advocacy, development of natural supports, and maintenance
of skills learned in other support services.

14045.13.  

For purposes of this article, the following definitions
shall apply:

(a) “Adult peer support specialist” means a person who is 18
years of age or older and who has self-identified as having lived
experience of recovery from mental illness, substance use disorder,
or both, and the skills learned in formal trainings to deliver peer
support services in a behavioral setting to promote mind-body
recovery and resiliency for adults.

(b) “Certification” means, as it pertains to the peer, parent,
transition-age, and family support specialist certification program,
all federal and state requirements have been satisfied, federal
financial participation under Title XIX of the federal Social
Security Act (42 U.S.C. Sec. 1396 et seq.) is available, and all
necessary federal approvals have been obtained.

(c) “Certified” means all federal and state requirements have
been satisfied by an individual who is seeking designation under
this article, including completion of curriculum and training
requirements, testing, and agreement to uphold and abide by the
code of ethics.

(d) “Certification examination” means the competency testing
requirements, as approved by the department, an individual is
required to successfully complete as a condition of becoming
certified under this article. Each training program approved by the
department may develop a unique competency examination for
each category of peer, parent, transition-age, and family support
specialist listed in subdivision (b) of Section 14045.14. Each
certification examination shall include core curriculum elements.

(e) “Code of ethics” means the professional standards each
certified peer, parent, transition-age, and family support specialist
listed in subdivision (b) of Section 14045.14 is required to agree
to uphold and abide by. These professional standards shall include
principles, expected behavior and conduct of the certificate holder
in an agreed-upon statement that is required to be provided to the
applicant and acknowledged by signing with his or her personal
signature prior to being granted certification under this article.

(f) “Core competencies” are the foundational and essential
competencies required by each category of peer, parent,
transition-age, and family support specialists listed in subdivision
(b) of Section 14045.14 who provide peer support services.

(g) “Cultural competence” means a set of congruent behaviors,
attitudes, and policies that come together in a system or agency
that enables that system or agency to work effectively in
cross-cultural situations. A culturally competent system of care
acknowledges and incorporates, at all levels, the importance of
language and culture, intersecting identities, assessment of
cross-cultural relations, knowledge and acceptance of dynamics
of cultural differences, expansion of cultural knowledge, and
adaptation of services to meet culturally unique needs to provide
services in a culturally competent manner.

(h) “Family peer support specialist” means a person with lived
experience as a self-identified family member of an individual
experiencing mental illness, substance use disorder, or both, and
the skills learned in formal trainings to assist and empower families
of individuals experiencing mental illness, substance use disorder,
or both. For the purposes of this subdivision, “family member”
includes a sibling or kinship caregiver, and their partners.

(i) “Parent” means a person who is parenting or has parented a
child or individual experiencing mental illness, substance use
disorder, or both, and who can articulate his or her understanding
of his or her experience with another parent or caregiver. This
person may be a birth parent, adoptive parent, or family member
standing in for an absent parent.

(j) “Parent peer support specialist” means a parent with formal
training to assist and empower families parenting a child or
individual experiencing mental illness, substance use disorder, or
both.

(k) “Peer support specialist services” means culturally competent
services that promote engagement, socialization, recovery,
self-sufficiency, self-advocacy, development of natural supports,
identification of strengths, and maintenance of skills learned in
other support services. Peer support specialist services shall
include, but are not limited to, support, coaching, facilitation, and
education to Medi-Cal beneficiaries that is individualized to the
beneficiary and is conducted by a certified adult peer support
specialist, a certified transition-age youth peer support specialist,
a certified family peer support specialist, or a certified parent peer
support specialist.

(l) “Recovery” means a process of change through which an
individual improves his or her health and wellness, lives a
self-directed life, and strives to reach his or her full potential. This
process of change recognizes cultural diversity and inclusion, and
honors the different routes to resilience and recovery based on the
individual and his or her cultural community.

(m) “Transition-age youth peer support specialist” means a
person who is 18 years of age or older and who has self-identified
as having lived experience of recovery from mental illness,
substance use disorder, or both, and the skills learned in formal
trainings to deliver peer support services in a behavioral setting to
promote mind-body recovery and resiliency for transition-age
youth, including adolescents and young adults.

14045.14.  

No later than July 1, 2017, the department, as the
sole state Medicaid agency, shall establish a peer, parent,
transition-age, and family support specialist certification program
that, at a minimum, shall do all of the following:

(a) Establish a certifying body, either within the department,
through contract, or through an interagency agreement, to provide
for the certification of peer, parent, transition-age, and family
support specialists as described in this article.

(b) Provide for a statewide certification for each of the following
categories of peer support specialists, as contained in federal
guidance issued by the Centers for Medicare and Medicaid
Services, State Medicaid Director Letter (SMDL) #07-011:

(1) Adult peer support specialists, who may serve individuals
across the lifespan.

(2) Transition-age youth peer support specialists.

(3) Family peer support specialists.

(4) Parent peer support specialists.

(c) Define the range of responsibilities and practice guidelines
for the categories of peer support specialists listed in subdivision
(b), by utilizing best practice materials published by the federal
Substance Abuse and Mental Health Services Administration, the
federal Department of Veterans Affairs, and related notable experts
in the field as a basis for development.

(d) Determine curriculum and core competencies, including
curriculum that may be offered in areas of specialization, such as
older adults, veterans, family support, forensics, whole health,
juvenile justice, youth in foster care, sexual orientation, gender
identity, and any other areas of specialization identified by the
department. Specialized curriculum shall be determined for each
of the categories of peer, parent, transition-age, and family support
specialists listed in subdivision (b). Core competencies-based
curriculum shall include, at a minimum, all of the following
elements:

(1) The concepts of hope, recovery, and wellness.

(2) The role of advocacy.

(3) The role of consumers and family members.

(4) Psychiatric rehabilitation skills and service delivery, and
addiction recovery principles, including defined practices.

(5) Cultural competence training.

(6) Trauma-informed care.

(7) Group facilitation skills.

(8) Self-awareness and self-care.

(9) Cooccurring disorders of mental health and substance use.

(10) Conflict resolution.

(11) Professional boundaries and ethics.

(12) Safety and crisis planning.

(13) Navigation of, and referral to, other services.

(14) Documentation skills and standards.

(15) Study and test-taking skills.

(e) Specify training requirements, including
core-competencies-based training and specialized training
necessary to become certified under this article, allowing for
multiple qualified training entities, and requiring training to include
people with lived experience as consumers and family members.

(f) Specify required continuing education requirements for
certification.

(g) Determine clinical supervision requirements for personnel
certified under this article, that shall require, at a minimum,
personnel certified pursuant to this article to work under the
direction of a mental health rehabilitation specialist, as defined in
Section 782.35 of Title 9 of the California Code of Regulations,
or substance use disorder professional. A licensed mental health
professional, as defined in Section 782.26 of Title 9 of the
California Code of Regulations, may also provide supervision.

(h) Establish a code of ethics.

(i) Determine the process for certification renewal.

(j) Determine a process for revocation of certification.

(k) Determine a process for allowing existing personnel
employed in the peer support field to obtain certification under
this article, at their option.

14045.15.  

In order to be certified as an adult peer support
specialist, an individual shall, at a minimum, satisfy all of the
following requirements:

(a) Be at least 18 years of age.

(b) Have or have had a primary diagnosis of mental illness,
substance use disorder, or both, which is self-disclosed.

(c) Have received or is receiving mental health services,
substance use disorder services, or both.

(d) Be willing to share his or her experience of recovery.

(e) Demonstrate leadership and advocacy skills.

(f) Have a strong dedication to recovery.

(g) Agree to uphold and abide by a code of ethics. A copy of
the code of ethics shall be signed by the applicant.

(h) Successful completion of the curriculum and training
requirements for an adult peer support specialist.

(i) Pass a certification examination approved by the department
for an adult peer support specialist.

(j) Successful completion of any required continuing education,
training, and recertification requirements.

14045.16.  

In order to be certified as a transition-age youth peer
support specialist, an individual shall, at a minimum, satisfy all of
the following requirements:

(a) Be at least 18 years of age.

(b) Have or have had a primary diagnosis of mental illness,
substance use disorder, or both, which is self-disclosed.

(c) Have received or is receiving mental health services,
substance use disorder addiction services, or both.

(d) Be willing to share his or her experience of recovery.

(e) Demonstrate leadership and advocacy skills.

(f) Have a strong dedication to recovery.

(g) Agree to uphold and abide by a code of ethics. A copy of
the code of ethics shall be signed by the applicant.

(h) Successful completion of the curriculum and training
requirements for a transition-age youth peer support specialist.

(i) Pass a certification examination approved by the department
for a transition-age youth peer support specialist.

(j) Successful completion of any required continuing education,
training, and recertification requirements.

14045.17.  

In order to be certified as a family peer support
specialist, an individual shall, at a minimum, satisfy all of the
following requirements:

(a) Be at least 18 years of age.

(b) Be self-identified as a family member of an individual
experiencing mental illness, substance use disorder, or both.

(c) Be willing to share his or her experience.

(d) Demonstrate leadership and advocacy skills.

(e) Have a strong dedication to recovery.

(f) Agree to uphold and abide by a code of ethics. A copy of
the code of ethics shall be signed by the applicant.

(g) Successful completion of the curriculum and training
requirements for a family peer support specialist.

(h) Pass a certification examination approved by the department
for a family peer support specialist.

(i) Successful completion of any required continuing education,
training, and recertification requirements.

14045.18.  

In order to be certified as a parent peer support
specialist, an individual shall, at a minimum, satisfy all of the
following requirements:

(a) Be at least 18 years of age.

(b) Be self-identified as a parent, as defined in Section 14045.13.

(c) Be willing to share his or her experience.

(d) Demonstrate leadership and advocacy skills.

(e) Have a strong dedication to recovery.

(f) Agree to uphold and abide by a code of ethics. A copy of
the code of ethics shall be signed by the applicant.

(g) Successful completion of the curriculum and training
requirements for a parent peer support specialist.

(h) Pass a certification examination approved by the department
for a parent peer support specialist.

(i) Successful completion of any required continuing education,
training, and recertification requirements.

14045.19.  

This article shall not be construed to imply that an
individual who is certified pursuant to this article is qualified to,
or authorize that individual to, diagnose an illness, prescribe
medication, or provide clinical services.

14045.20.  

The department shall closely collaborate with the
Office of Statewide Health Planning and Development (OSHPD)
and its associated workforce collaborative, and regularly consult
with interested stakeholders, including peer support and family
organizations, mental health and substance use disorder services
providers and organizations, the County Behavioral Health
Directors Association of California, health plans participating in
the Medi-Cal managed care program, the California Mental Health
Planning Council, and other interested parties in developing,
implementing, and administering the peer, parent, transition-age,
and family support specialist certification program established
pursuant to this article. This consultation shall initially include, at
a minimum, bimonthly stakeholder meetings, which may also
include technical workgroup meetings. The department may seek
private funds from a nonprofit organization or foundation for this
purpose.

14045.21.  

The department may contract to obtain technical
assistance for the development of the peer, parent, transition-age,
and family support specialist certification program, as provided
in Section 4061.

14045.22.  

(a) The department shall amend its Medicaid state
plan to do both of the following:

(1) Include each category of peer, parent, transition-age, and
family support specialist listed in subdivision (b) of Section
14045.14 certified pursuant to this article as a provider type for
purposes of this chapter.

(2) Include peer support specialist services as a distinct service
type for purposes of this chapter, which may be provided to eligible
Medi-Cal beneficiaries who are enrolled in either a Medi-Cal
managed mental health care plan or a Medi-Cal managed care
health plan.

(b) The department may seek any federal waivers or other state
plan amendments as necessary to implement the certification
program provided for under this article.

(c) Medi-Cal reimbursement for peer support services shall be
implemented only if and to the extent that federal financial
participation under Title XIX of the federal Social Security Act
(42 U.S.C. Sec. 1396 et seq.) is available and all necessary federal
approvals have been obtained.

14045.23.  

To facilitate early intervention for mental health
services, community health workers may partner with peer, parent,
transition-age, and family support specialists for engagement,
outreach, and education.

14045.24.  

It is not the intent of the Legislature in enacting this
article to modify the Medicaid state plan in any manner that would
otherwise change or nullify the requirements, billing, or
reimbursement of the “other qualified provider” provider type, as
currently authorized by the Medicaid state plan.

14045.25.  

The department may utilize Mental Health Services
Act funds, as authorized in subdivision (d) of Section 5892, and
any designated Workforce Education and Training Program
resources, including funding, as administered by OSHPD pursuant
to Section 5820, to develop and administer the peer, parent,
transition-age, and family support specialist certification program.
Further, these Mental Health Service Act funds may then serve as
the state’s share of funding to develop and administer the peer,
parent, transition-age, and family support specialist certification
program and shall be available for purposes of claiming federal
financial participation under Title XIX of the federal Social
Security Act (42 U.S.C. Sec. 1396 et seq.) once all necessary
federal approvals have been obtained.

14045.251.  

The department may establish a certification fee
schedule and may require remittance as contained in the
certification fee schedule for the purpose of supporting the
department’s activities associated with the ongoing state
administration of the peer, parent, transition-age, and family
support specialist certification program. The department shall
utilize all funding resources as made available in Section 14045.25
first, prior to determining the need for the certification fee schedule
and requiring the remittance of fees. It is the intent of the
Legislature that any certification fees charged by the department
be reasonable and reflect the expenditures directly applicable to
the ongoing state administration of the peer, parent, transition-age
and family support specialist certification program.

14045.26.  

For the purposes of implementing this article, the
department may enter into exclusive or nonexclusive contracts on
a bid or negotiated basis, including contracts for the purpose of
obtaining subject matter expertise or other technical assistance.
Contracts may be statewide or on a more limited geographic basis.

14045.27.  

Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, the department may implement, interpret, or make specific
this article by means of plan letters, plan or provider bulletins, or
similar instructions, without taking regulatory action, until the
time regulations are adopted. The department shall adopt
regulations by July 1, 2019, in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. Notwithstanding
Section 10231.5 of the Government Code, beginning six months
after the effective date of this article, the department shall provide
semiannual status reports to the Legislature, in compliance with
Section 9795 of the Government Code, until regulations have been
adopted.

SEC. 2.  

The Legislature finds and declares that this act clarifies
procedures and terms of the Mental Health Services Act within
the meaning of Section 18 of the Mental Health Services Act.

end delete