Added by Stats. 2022, Ch. 747, Sec. 2. (AB 988) Effective September 29, 2022.
This article shall be known, and may be cited, as the “Miles Hall Lifeline and Suicide Prevention Act.”
Article 6.3 - Miles Hall Lifeline and Suicide Prevention Act
California Government Code — §§ 53123.1-53123.6
Sections (6)
Added by Stats. 2022, Ch. 747, Sec. 2. (AB 988) Effective September 29, 2022.
(a)No later than July 16, 2022, the Office of Emergency Services shall verify that technology that allows for transfers between 988 centers, as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout California.
(b)No later than 90 days after the passage of this act, the office shall do both of the following:
(1)Appoint a 988 system director to implement and oversee the policy and regulatory framework for the technology infrastructure, coordination, and transfer of calls between 988, 911, and behavioral health crisis services.
(2)(A) Establish and convene the State
988 Technical Advisory Board for purposes of advising the office on the following:
(i)Recommendations on the feasibility and plan for sustainable interoperability between 988, 911, and behavioral health crisis services, including the identification of any legal or regulatory barriers to the transfer of 911 calls.
(ii) The development of technical and operational standards for the
988 system that allow for
coordination with California’s 911 system.
(iii) The creation of standards and protocols for when 988 centers will transfer
988 calls into the “911” public safety answering points or points (PSAP), and vice versa.
(B) The board shall meet no less than quarterly until December 31, 2028. Following that date, the board may be disbanded at the discretion of the office.
(C) The board shall consist of a representative from the California Health and Human Services Agency and expert representatives, including, but not limited to, those from 988 centers, 911, and behavioral health crisis service providers.
(c)No later than July 1, 2024, the
office shall
verify interoperability between and across 911 and 988. This shall include verifying interoperability of telephone calls, texts, chats, and other similar capabilities consistent with the implementation of Next Generation 911.
(d)The office shall consult
with the National Suicide Prevention Lifeline and the Substance Abuse and Mental Health Services Administration on any technology requirements for 988 centers.
Amended by Stats. 2023, Ch. 42, Sec. 5. (AB 118) Effective July 10, 2023.
(a)(1) No later than December 31, 2024, the California Health and Human Services Agency shall create a set of recommendations to support a five-year implementation plan for a comprehensive 988 system.
(2)The California Health and Human Services Agency shall convene a state 988 advisory group for purposes of advising the California Health and Human Services Agency on the set of recommendations to support the five-year implementation plan. The recommendations shall specify what can be accomplished pursuant to existing administrative authority
and what will require additional
legislation for implementation.
(3)The advisory group shall include, but is not limited to, the State Department of Health Care Services, the office, the State Department of Public Health, representatives of counties, representatives of employees working for county behavioral health agencies and agencies who subcontract with county behavioral health agencies who provide these services, health plans, emergency medical services, law enforcement, consumers, families, peers, 988 centers, and other local and statewide public agencies.
(4)The
advisory group shall meet at least once per quarter until December 31,
2024.
(5)The advisory group may be disbanded at the discretion of the California Health and Human Services Agency, but shall not be disbanded before January 1, 2025.
(b)The California Health and Human Services Agency and the advisory group shall make recommendations on all of the following:
(1)Federal Substance Abuse and Mental Health Services Administration requirements and national best practices guidelines for operational and clinical standards, including training requirements and policies for transferring callers to an appropriate specialized center, or subnetworks, within
or external to, the National Suicide Prevention Lifeline network.
(2)Maintenance of an active agreement with the administrator of the National Suicide Prevention Lifeline for participation within the network.
(3)Compliance with state technology requirements or guidelines for the operation of 988.
(4)A state governance structure to support the implementation and administration of behavioral health crisis services accessed through 988.
(5)988 infrastructure, staffing, and training standards that will support statewide access to crisis counselors through telephone call, text, and chat, 24 hours per day, seven days per week.
(6)Access to crisis
stabilization services and triage and response to warm handoffs from 911 and 988 call centers.
(7)Resources and policy changes to address statewide and regional needs in order to meet population needs for behavioral health crisis services.
(8)Statewide and regional public communications strategies informed by the National Suicide Prevention Lifeline and the Substance Abuse and Mental Health Services Administration to support public awareness and consistent messaging regarding 988 and behavioral health crisis services.
(9)Recommendations to achieve coordination between 988 and the continuum of behavioral health crisis services. Recommendations shall address strategies for verifying that behavioral health crisis services are coordinated for a timely response to clearly articulated suicidal or behavioral health contacts made or routed to 988 services as an alternative to a response from law enforcement, except in
high-risk situations that cannot be
safely managed without law enforcement response and achieving statewide provision of connection to mobile crisis services, when appropriate, to respond to individuals in crisis in a timely manner.
(10)Quantifiable goals for the provision of statewide and regional behavioral health crisis services, which consider factors such as reported rates of suicide attempts and deaths.
(11)A process for establishing outcome measures, benchmarks, and improvement targets for 988 centers and the behavioral health crisis services system. This may include recommendations
regarding how to measure, the feasibility of measuring 988 system performance, including capacity, wait time, and the ability to meet demand for services for 988 State Suicide and Behavioral Health Crisis Services Fund fund recipients. This may also include recommendations for how to determine and report the amount billed to and reimbursed by Medi-Cal or other public and private health care service plans or insurers related to 988 services.
(12)Findings from a comprehensive assessment of the behavioral health crisis services system that takes into account infrastructure projects that are planned and funded. These findings shall include an inventory of the infrastructure, capacity, and needs for all of the following:
(A)Statewide and regional 988 centers.
(B)Mobile crisis team services,
including mobile crisis access and dispatch call centers.
(C)Other existing behavioral health crisis services and warm lines.
(D)Crisis stabilization services.
(13)Procedures for determining the annual operating budget for the purposes of establishing the rate of the 988 surcharge and how revenue will be dispersed to fund the 988 system consistent with Section 53123.4 and Section 251a of Title 47 of the United States Code.
(14)Strategies to support the behavioral health crisis service system is adequately funded, including mechanisms for reimbursement of behavioral health crisis response pursuant to Sections 1374.72 and 1374.721 of the Health and Safety
Code, including, but not limited to:
(A)To the extent that any necessary federal approvals are obtained and federal financial participation is available and is not otherwise jeopardized, seeking to maximize all available federal funding sources for the purposes of behavioral health crisis services and administrative activities related to 988 implementation, including federal Medicaid reimbursement for services; federal Medicaid reimbursement for administrative expenses, including the development and maintenance of information technology; and federal grants.
(B)Coordinating with the Department of Insurance and Department of Managed Health Care to verify reimbursement to 988 centers for behavioral health crisis services by health care service plans and disability insurers,
pursuant to Section 1374.72 of the Health and Safety Code and Section 10144.5 of the Insurance Code and consistent with the requirements of the federal Mental Health Parity and Addiction Equity Act of 2008 (29 U.S.C. Sec. 1185a).
(c)Until December 31, 2029, the California Health and Human Services Agency shall post regular updates, no less than annually, regarding the implementation of 988 on its public internet website.
Amended by Stats. 2024, Ch. 80, Sec. 68. (SB 1525) Effective January 1, 2025.
(a)The 988 State Suicide and Behavioral Health Crisis Services Fund is hereby established in the State Treasury.
(b)(1) The fund shall consist of the revenue generated by the 988 surcharge assessed on users under Section 41020 of the Revenue and Taxation Code, which revenue shall be used solely for the operations of the 988 center and mobile crisis teams as defined in the American Rescue Plan Act of 2021 (Section 9813(b)(2) of Public Law 117-2). The fund shall also consist of any other appropriations made to it by the Legislature. The Legislature may consider additional uses for the revenue generated by the 988 surcharge based on recommendations made by the California
Health and Human Services Agency and the advisory group pursuant to subdivision (b) of Section 53123.3.
(2)The revenue generated by the 988 surcharge shall, to the extent not prohibited by Section 251a of Title 47 of the United States Code and any applicable rules or regulations adopted by the Federal Communications Commission and in compliance with subdivision (b) of Section 41136 of the Revenue and Taxation Code, be prioritized to fund the following:
(A)First, the 988 centers, including the efficient and effective routing of telephone calls, personnel, and the provision of acute behavioral health services through telephone call, text, and chat to the 988 number.
(B)Second, the operation of mobile crisis teams
accessed via telephone calls, texts, or chats made to or routed through 988 as specified under Section 4(a)(2)(B) of Public Law 116-172.
(3)Money in the fund shall not be subject to transfer to another fund or to transfer, assignment, or reassignment for another use or purpose outside of those specified in this article.
(4)988 surcharge revenue in the fund shall be available, upon appropriation by the Legislature, for the purposes specified in this article.
(5)The revenue generated by the 988 surcharge shall be used to supplement, not supplant, federal, state, and local funding for 988 centers and behavioral health crisis services.
(6)The revenue generated
by the 988 surcharge may only be used to fund service and operation expenses that are not reimbursable through Medicaid federal financial participation, Medicare, health care service plans, or disability insurers.
(c)The office, in consultation with the State Department of Health Care Services, may adopt regulations regarding how funds received shall be disseminated to support the operations of the 988 system and related behavioral health crisis services.
(d)The office shall require an entity seeking funds available through the 988 Suicide and Behavioral Health Crisis Services Fund to annually file an expenditure and outcomes report in a form and manner as determined by the office and the State Department of Health Care Services. The expenditure and outcomes report shall
include, but is not limited to, the following:
(1)The total budget.
(2)Number and job classification of personnel.
(3)The number of individuals served.
(4)The outcomes for individuals served, if known.
(5)The health coverage status of individuals served, if known.
(6)Beginning July 1, 2025, to the extent feasible and consistent with paragraph (11) of subdivision (b) of Section 53123.3, measures of system performance, including capacity, wait times, and the ability to meet demand for services.
(7)Beginning January 1, 2030, to the extent feasible and consistent with paragraph (11) of subdivision (b) of Section
53123.3 the amount billed to and reimbursed by Medi-Cal or other public and private health care service plans or insurers.
(8)The number of individuals who used the service and self-identified as veterans or active military personnel, if known.
(e)The State Treasurer shall report annually to the office on fund deposits and expenditures.
Amended by Stats. 2023, Ch. 42, Sec. 7. (AB 118) Effective July 10, 2023.
Notwithstanding any law, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the office and the State Department of Health Care Services may implement, interpret, or make specific this article, in whole or in part, by means of all-county letters, plan letters, provider bulletins, information notices, regulations, or other similar instructions, without
taking any further regulatory action.
Added by Stats. 2023, Ch. 42, Sec. 8. (AB 118) Effective July 10, 2023.
For purposes of implementing this article, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis, and may implement changes to existing information technology systems. Notwithstanding any law, contracts entered into or amended, or changes to existing information technology systems, pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2, Section 19130, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.