Article 1. General Provisions of California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 4. >> Article 1.
(a) The board of supervisors of each county may apply to the
department for funds for the purpose of alleviating problems in its
county related to alcohol abuse and other drug use. This part applies
only to counties receiving state or federal funds allocated by the
department under this part.
(b) The department shall coordinate state and local alcohol and
other drug abuse prevention, care, treatment, and rehabilitation
programs. It is the intent of the Legislature that the department and
the counties maintain a cooperative partnership to assure effective
implementation of this chapter.
(c) The Legislature grants responsibility to the county to
administer and coordinate all county alcohol and other drug programs
funded under this part. County alcohol and other drug programs shall
account to the board of supervisors and to the state for their
effective implementation. The county shall establish its own
priorities for alcohol and other drug programs funded under this
part, except with respect to funds that are allocated to the county
for federally required programs and services.
(a) (1) Two or more counties may jointly establish county
alcohol and other drug programs pursuant to Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code.
(2) Any county may, by contract, furnish alcohol and other drug
services to another county.
(b) Unless otherwise expressly provided for or required by the
context, this part relating to county alcohol and other drug programs
shall apply to alcohol and other drug programs operated jointly by
two or more counties.
Except as provided in subdivision (b) of Section 11812,
nothing in this part shall prevent any city or combination of cities
from financing and administering directly an alcohol or other drug
program or providing service by contracting with the county to
provide and be reimbursed for services provided pursuant to the
county alcohol and other drug program under Article 4 (commencing
with Section 11810). In addition, where appropriate, any county may
contract with a city, or combination of cities, to administer
contracts with privately operated agencies to alleviate problems
related to inappropriate alcohol use and other drug use.
(a) Funds allocated to the county pursuant to this part
shall be used exclusively for county alcohol and other drug services
as identified in the contract for alcohol and other drug services and
shall be separately identified and accounted for.
(b) The funds contained in each county's Behavioral Health
Subaccount of the Support Services Account of the Local Revenue Fund
2011 established pursuant to Section 30025 of the Government Code
shall be considered state funds distributed by the principle state
agency for the purposes of receipt of the federal block grant funds
for prevention and treatment of substance abuse described in
Subchapter XVII of Chapter 6A of Title 42 of the United States Code
to the extent that these funds are used for authorized alcohol and
drug prevention and treatment activities.
(a) Counties that apply for funds to provide alcohol and
other drug abuse services shall prepare and submit a contract for
alcohol and other drug abuse services to the department. The contract
shall include a budget for all funds sources to be used to provide
alcohol and other drug abuse services. The funds identified in the
contract shall be used exclusively for county alcohol and other drug
abuse services to the extent that the activities meet the
requirements for receipt of the federal block grant funds for
prevention and treatment of substance abuse described in Subchapter
XVII of Chapter 6A of Title 42 of the United States Code and shall be
separately identified and accounted for. The county shall report
utilization of those funds in an annual cost report pursuant to
subdivision (b) of Section 11798.1.
(b) The contract shall include provisions to ensure both of the
following:
(1) The appropriate expenditures of funds necessary to meet the
requirements for receipt of federal block grant funds for prevention
and treatment of substance abuse described in Subchapter XVII of
Chapter 6A of Title 42 of the United States Code and other applicable
federal provisions for funds.
(2) The provision of information necessary for the department to
meet its oversight function, including, but not limited to, any
required auditing, reporting, and data collection.
(c) The contract shall specify the type, scope, and cost of the
services to be provided.
(d) The department, after consultation with county alcohol and
drug program administrators, shall develop standardized forms to be
used by the counties in the development and submission of the
contracts. The forms shall include terms and conditions relative to
county compliance with applicable laws.
(e) Performance requirements shall be included within the terms
of the contract and shall include, at a minimum, all of the
following:
(1) A provision for an adequate quality and quantity of service.
(2) A provision for access to services for at-risk populations.
(3) A provision requiring that all funds allocated by the state
for alcohol and other drug programs shall be used exclusively for the
purpose for which those funds are distributed.
(4) A provision requiring that performance be in compliance with
applicable state and federal laws, regulations, and standards.
(5) Estimated numbers and characteristics of clients-participants
by type of service.
(f) The contract shall include a provision that allows the
department access to financial and service records of the county and
contractors of the county for the purpose of auditing the
requirements in the contract and establishing the data necessary to
meet federal auditing and reporting requirements.
(g) The contract shall include a provision for resolution of
disputed audit findings.
(h) Where two or more counties jointly establish substance use
programs or where a county contracts to provide services in another
county pursuant to Section 11796, information regarding the
arrangement shall be included in the contract for alcohol and other
drug abuse services.
(i) The contract shall include a provision requiring the county
to ensure the security of client records as required by state and
federal law.
(j) The contract shall be presented for public input, review, and
comment, and the final contract shall be posted on the county's
Internet Web site.
(k) (1) Notwithstanding the rulemaking provisions of 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 section by means of all-county letters, plan
letters, plan or provider bulletins, or similar instructions from the
department until regulations are adopted pursuant to that chapter of
the Government Code.
(2) The department shall adopt emergency regulations no later than
July 1, 2014. The department may subsequently readopt any emergency
regulation authorized by this section that is the same as or is
substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(3) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review by the Office of Administrative Law. The
initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.
(a) A county with an approved contract for alcohol and
other drug abuse services shall bear the financial risk in providing
any alcohol or other drug services to the population described and
enumerated in the approved contract.
(b) The county shall not be precluded from contracting to purchase
all or part of the delivery of alcohol and other drug services from
noncounty providers.
(c) Counties receiving funds shall submit to the department
statistical data, as required in the contract, and end-of-year cost
data no later than November 1 following the close of the fiscal year.
(d) Whenever a county receives funds under a grant program for
alcohol and other drug abuse services, as well as under the county
contract from either the federal or state government, or from any
other grantor, public or private, and fails to include that grant
program in the county budget for its alcohol and other drug program,
the director shall not thereafter approve any, or provide, advance
payment claims submitted by the county for state reimbursement under
this part until the contract and county budget for its alcohol and
other drug program has been reviewed to include that grant program,
and the revised contract and budget are approved by the director.
(e) (1) Except as provided in paragraphs (2) and (3), regulations
adopted by the State Department of Alcohol and Drug Programs pursuant
to former Section 11758.29 shall remain in effect unless amended or
repealed by regulation adopted pursuant to this section.
(2) Notwithstanding the rulemaking provisions of 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 section to the extent that this section differs
from former Section 11758.29 by means of all-county letters, plan
letters, plan or provider bulletins, or similar instructions from the
department until regulations are adopted pursuant to that chapter of
the Government Code.
(3) (A) The department shall adopt emergency regulations no later
than July 1, 2014. The department may subsequently readopt any
emergency regulation authorized by this section that is the same as
or is substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(B) The initial adoption of emergency regulations implementing the
article and the one readoption of emergency regulations authorized
by this subdivision shall be deemed an emergency and necessary for
the immediate preservation of the public peace, health, safety, or
general welfare. Initial emergency regulations and the one readoption
of emergency regulations authorized by this section shall be exempt
from review by the Office of Administrative Law. The initial
emergency regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time final
regulations may be adopted.
The department shall review each county's contract for
alcohol and other drug abuse services to determine that the contract
complies with this division and with the standards adopted under this
division. The department shall approve a contract that is in
compliance.