Article 4. County Alcohol And Other Drug Program of California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 4. >> Article 4.
It is the intent of the Legislature to provide maximum
flexibility in the use of federal and state alcohol and other drug
program funds. County government is therefore given broad authority
in determining the methods for encouragement of citizen
participation, the scope of problem analysis, and the methods of
planning for alcohol and other drug program services.
Counties shall have broad discretion in the choice of
services they utilize to alleviate the alcohol and other drug
problems of specific population groups and the community. Those
services shall include services for alcohol and other drug abuse
prevention and treatment.
(a) The major purpose of prevention and early intervention
activities includes, but is not limited to, all of the following:
(1) To facilitate positive change in community and individual
understanding, values, attitudes, environmental factors, and behavior
concerning alcohol and its inappropriate use and other drug use.
(2) To reduce the likelihood of the inappropriate use of alcohol
and other drugs by developing and implementing public policies
designed to reduce or limit alcohol and other drug consumption.
(3) To lessen the stigmatization of persons who seek help for
problems related to inappropriate alcohol use and other drug use.
(4) To provide information so that the public may make informed
personal and public policy decisions regarding the inappropriate use
and nonuse of alcoholic beverages and other drugs.
(5) To enlighten the "helping professions" to recognize persons
with alcohol and other drug problems and to offer them appropriate
services.
(6) To encourage persons to seek early help for their alcohol or
other drug problems.
(b) The Legislature recognizes that the effective provision of the
activities specified in subdivision (a) will result in an increased
demand upon, and utilization of, existing services to alcohol and
other drug abusers and their families. However, the Legislature
believes that provision of effective prevention and early
intervention activities over the next decade will result in saving
taxpayers funds that might otherwise have to be expended for higher
health and safety costs.
In addition to the services described in Section 11811, a
county may provide other services or programs pursuant to this
section, including, but not limited to, the following:
(a) (1) Occupational programs for county employees designed to
help recognize employees with alcohol and other drug problems that
affect their job performance and to encourage these employees to seek
services to alleviate those problems.
(2) It is the intent of the Legislature to encourage every county
to institute a program described in paragraph (1) for its own
employees in order to set an example for the community regarding
local government's attitude toward alcohol and other drug problems.
(b) (1) Counties may use funds allocated to them by the department
for any other services authorized in Section 11811 or this section.
(2) It is the intent of the Legislature that counties make maximum
utilization of vocational rehabilitation services, where reasonable
and appropriate to do so. A county, pursuant to a resolution by the
board of supervisors, may utilize funds for other authorized services
pursuant to Section 11811.
To the extent the activities meet the provisions 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 other applicable federal
provisions for funds, a county may also utilize funds for the
following:
(a) Planning, program development, and administration by the
county. The department shall establish uniform definitions of the
elements of county alcohol and other drug program administration and
shall set the minimum and maximum levels of administrative services,
taking into account the total funds expended pursuant to the
contract.
(b) In conducting planning, evaluation, and research activities to
develop and implement the county alcohol and other drug program,
counties may contract with appropriate public or private agencies.
(c) Actual and necessary expenses incurred by the alcohol and drug
program administrator relating to attendance at not more than four
meetings each year of the administrators, any other meetings called
by the director, and reasonable dues for any related activities and
meetings. Each administrator of a county who receives funds under
this part shall attend each quarterly meeting, unless a waiver is
provided for by the department.
The department shall consult with county behavioral health
directors, alcohol and drug program administrators, or both, in
establishing standards pursuant to Chapter 7 (commencing with Section
11830) and regulations pursuant to Chapter 8 (commencing with
Section 11835), shall consult with alcohol and drug program
administrators on matters of major policy and administration, and may
consult with alcohol and drug program administrators on other
matters affecting persons with alcohol and other drug problems. The
administrators shall consist of all legally appointed alcohol and
drug administrators in the state as designated pursuant to
subdivision (a) of Section 11800.
Services financed under this part shall:
(a) Be provided on a voluntary basis only, except as provided in
Article 1.5 (commencing with Section 5170) of Chapter 2 of Part 1 of
Division 5 of the Welfare and Institutions Code.
(b) Encourage persons utilizing services, and members of their
family, to participate in community self-help groups providing
ongoing support to alcohol and other drug abusers and their family
members.
(c) Encourage persons suffering from alcoholism and other drug
problems to abstain from the use of alcohol and illicit drugs.
The following costs shall not be eligible for state
funding pursuant to this part:
(a) The costs involved in a peace officer bringing a person in for
72-hour treatment and evaluation.
(b) The costs of court proceedings or court-ordered evaluation
pursuant to Article 3 (commencing with Section 5225) of Chapter 2 of
Part 1 of Division 5 of the Welfare and Institutions Code, and the
apprehension of the person ordered to evaluation when necessary.
(c) The costs of court proceedings in cases of appeal on 14-day
intensive treatment.
(d) The costs of legal proceedings in conservatorship.
(e) The court costs in postcertification proceedings.
(f) The cost of providing a public defender or other
court-appointed attorneys in proceedings for those unable to afford
this assistance.
The following conditions apply to county expenditures of
funds pursuant to this part:
(a) Where the services specified in the contract for alcohol and
other drug abuse services are provided pursuant to other general
health or social programs, only that portion of the services dealing
with alcohol and other drug problems may be financed under this part.
(b) (1) Each county shall utilize available privately operated
alcohol and other drug programs and services in the county prior to
utilizing new county-operated programs and services, or city-operated
programs and services pursuant to Section 11796.1, when the
available privately operated programs and services are as favorable
in quality and cost as are those operated by the county or city. When
these privately operated programs and services are not available,
the county shall make a reasonable effort to encourage the
development of privately operated programs and services prior to
developing county-operated or city-operated programs and services.
(2) The county alcohol and drug program administrator shall
demonstrate to the board of supervisors, and to the department, prior
to development of any new program or service, that reasonable
efforts have been made to comply with paragraph (1). All available
local public or private programs and services, as described in
paragraph (1), that are appropriate shall be utilized prior to using
services provided by hospitals.
(c) All personal information and records obtained by the county,
any program that has a contract with the county, or the department
pursuant to this section are confidential and may be disclosed only
in those instances designated in Section 5328 of the Welfare and
Institutions Code.
(1) Any person may bring an action against an individual who has
willingly and knowingly released confidential information or records
concerning that person in violation of this section, for the greater
of the following amounts:
(A) Five hundred dollars ($500).
(B) Three times the amount of actual damages, if any, sustained by
the plaintiff.
(2) (A) Any person may, in accordance with Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, bring an action to enjoin the release of confidential
information or records in violation of this chapter, and may in the
same action seek damages as provided in this section.
(B) It is not a prerequisite to an action under this section that
the plaintiff suffer or be threatened with actual damages.
(d) The department may require that each county and any public or
private provider of alcohol and other drug services that receives any
funds under this part provide any information requested by the
department relating to any application for or receipt of federal or
other nonstate funds, including fees, donations, grants, and other
revenues, for alcohol and other drug abuse services provided by these
agencies.
In addition to any other services authorized under this
chapter, the department shall urge the county to develop within
existing resources specific policies and procedures to address the
unique treatment problems presented by persons who are chemically
dependent and also have a mental health disorder. Priority may be
given to developing policies and procedures that relate to the
diagnosis and treatment of homeless persons who have mental health
disorders and are chemically dependent.
Nothing in this part shall prohibit a county from
appropriating funds for alcohol and other drug programs and services
in addition to the funds allocated by the department.
(a) The department shall issue allocations to contracting
counties for alcohol and other drug programs.
(b) In issuing allocations to contracting counties, it is the
intent of the Legislature that counties shall allocate all funds
received pursuant to state and federal laws and regulations.
(c) The department shall estimate an allocation of federal funds
available for each county to use as the basis for submission of the
contract. In making allocations, the department shall base its
allocations on the population of each county. However, the department
shall ensure that each small population county receives a minimum
amount of funds to provide adequate alcohol and other drug services.
The department may take into account other factors in making the
allocations, including, but not limited to, factors that relate to
the level of alcohol and other drug problems in the county. No later
than 45 days after introduction of the Budget Bill, the department
shall notify each county regarding its preliminary allocation under
this division and estimated amount of the federally required
maintenance of effort statewide expenditure levels on authorized
activities, as defined in the federal Substance Abuse Prevention and
Treatment Block Grant funds (42 U.S.C. Sec. 300x-30), pending
enactment of the Budget Bill. The 1984-85 fiscal year shall establish
the base funding for the county alcohol and drug allocation for
local programs. Beginning with the 1985-86 fiscal year,
cost-of-living adjustments, if granted, shall be considered as tied
to the base allocation established in the 1984-85 fiscal year, plus
any subsequent cost-of-living adjustments. The department shall
notify each county regarding its final allocation after enactment of
the Budget Bill.
(d) (1) Notwithstanding any other provision in this section, the
director may reduce federal funding allocations, on a
dollar-for-dollar basis, to a county that has reduced or anticipates
reducing expenditures in a way that would result in a decrease in the
federal Substance Abuse Prevention and Treatment Block Grant funds
(42 U.S.C. Sec. 300x-30).
(2) Prior to making any reductions pursuant to this subdivision,
the director shall notify all counties that county underspending will
reduce the federal Substance Abuse Prevention and Treatment Block
Grant maintenance of effort (MOE). Upon receipt of notification, a
county may submit a revision to the county budget initially submitted
pursuant to subdivision (a) of Section 11798 in an effort to
maintain the statewide Substance Abuse Prevention and Treatment Block
Grant MOE.
(3) Pursuant to subdivision (b) of Section 11798.1, a county shall
notify the department in writing of proposed local changes to the
county's expenditure of funds. The department shall review and may
approve the proposed local changes depending on the level of
expenditures needed to maintain the statewide Substance Abuse
Prevention and Treatment Block Grant MOE.
(e) (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 the amendments to this section made by the act that
added this subdivision 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 the
amendments to 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.
The department may reallocate among counties any
unexpended federal funds that occur during the fiscal year in
programs or services or any allocations either not applied for by a
county or not in compliance with this part. Reallocations may be made
to counties by amendment to their county contracts.
(a) There shall be an appropriation from the Budget Act to
the department to fund programs and services to alleviate problems
related to inappropriate alcohol use or other drug use as provided
for in this part. However, if the state receives additional funds
from the federal government after the enactment of the Budget Act,
which funds may be augmented by the Director of Finance to the
appropriation described in this section in accordance with the Budget
Act, then the department shall determine the amount of those funds
to be used for allocation to counties, and shall allocate that amount
to counties through amendments to executed contracts, within 90 days
of receipt of the additional funds to support programs and services
to alleviate alcohol-related and other drug-related problems as
described in this subdivision. The allocation of all funds pursuant
to this subdivision shall comply with federal requirements and with
any requirements pursuant to Section 28.00 of the Budget Act.
(b) The requirement set forth in subdivision (a) that the
department determine the amount of additional funds to be used for
allocation to counties and allocate that amount to counties within 90
days, shall be waived when the 90-day period does not allow
sufficient time for completion of the notification period pursuant to
Section 28.00 of the Budget Act.
Payments or advances of funds to counties or other state
agencies, which are properly chargeable to appropriations to the
department may be made by a Controller's warrant drawn against funds
appropriated to the department or funds administered by the
department.
(a) It is the intent of the Legislature that the state and
the counties work together to minimize audit exceptions. Audit
findings as contained in the department audit reports may be appealed
by counties directly to the department. Counties may retain disputed
audit amounts while an audit appeal is pending and then only to the
extent that the audit appeal is resolved in favor of the county and
the amount is in the county's favor.
(b) The department shall audit the expenditures of counties,
direct contractors, and county subcontractors. The department shall
develop an annual audit plan that will identify the counties, direct
contractors, and county subcontractors funded in whole or in part
with the funds administered by the department. The annual audit plan
shall consist of a sufficient number of audits and financial reviews
to provide reasonable assurance that federal and state funds have
been used for their intended purpose in accordance with applicable
funding requirements and restrictions contained in statutes,
regulations, and contracts.
(c) The department may conduct investigations, audits, and
financial related reviews on other than a routine basis of any
county, direct contractor, or county subcontractor funded in whole or
in part with funds administered by the department, as the department
deems necessary and appropriate.
(d) Counties may audit the expenditures of organizations funded in
whole or in part with funds administered by the department.
(e) A county shall repay to the department amounts of state and
federal funds found, as a result of an audit, not to have been
expended in accordance with the requirements set forth in this part,
federal block grant law, federal or state regulations pertaining to
alcohol or other drug abuse services, and the conditions set forth in
any contract for alcohol and other drug abuse services or an
interagency agreement. For organizations or services and the
conditions set forth in any combination of state, federal, or other
public funds, where a clear audit trail shows that the source and
application of these funds is not maintained, repayment shall be
determined by prorating audit findings between each funding source.
(f) For those audits conducted by the department, the director
shall administratively establish policies and procedures for the
resolution of disputed audit findings. The department shall consult
with county administrators when proposing changes in the procedures
for the resolution of disputed audit findings.
(g) There is established in the State Treasury an Audit Repayment
Trust Fund. The money in the fund shall be available upon
appropriation by the Legislature.
(h) The department may deny or withhold payments or advances of
funds to a county if the department finds, by audit or otherwise,
that a program is not in compliance with this part or the contract.
(i) Notwithstanding subdivision (a) of Section 53134 of the
Government Code, audits performed pursuant to this section shall be
conducted by qualified state or local government auditors or
independent public accountants in accordance with generally accepted
governing auditing standards, as prescribed by Government Auditing
Standards, issued by the Comptroller General of the United States.
These audits shall be completed no later than six months after the
completion of the audit fieldwork.
(j) (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 the amendments to this section made by the act that
added this subdivision 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 the
amendments to 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) (1) Expenditures made by a county and a county's
provider that may be reimbursed using appropriated funds include
salaries of personnel, approved facilities and services provided
through contract, operation, maintenance, and service costs,
depreciation of county facilities as established in the State of
California's Auditing Standards and Procedures for Counties, lease of
facilities where there is no intention to, nor option to, purchase,
and other expenditures that may be approved by the director.
(2) Expenditures made by a county and a county's provider that may
not be paid using appropriated funds include expenditures for
initial capital improvement, the purchase or construction of
buildings, except for equipment items and remodeling expenses as may
be provided in regulations of the department, compensation to members
of a local advisory board on drug programs, except actual and
necessary expenses incurred in the performance of official duties,
and expenditures for a purpose for which state reimbursement is
claimed under any other law.
(b) (1) Except as provided in Chapter 3 (commencing with Section
11758.10), the cost of services specified in the county contract
shall be based upon reimbursement of actual costs as determined with
standard accounting practices. The county may enter into contracts
with providers at actual cost or a negotiated rate. The provider
shall make available to the county information on prior years' actual
cost of providing the services and actual revenues.
(2) (A) Providers that receive a combination of Medi-Cal funding
and other federal or state funding for the same service element and
location shall be reimbursed for actual costs as limited by Medi-Cal
reimbursement requirements, as specified in Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), the Medicaid state
plan, subdivisions (c) and (d) of Section 51516 of Title 22 of the
California Code of Regulations, except that reimbursement for
non-Medi-Cal reimbursable services shall not be limited by Medi-Cal
rate requirements or customary charges to privately paying clients.
(B) For those providers who operate under a negotiated rate for
non-Medi-Cal reimbursable services, the rates shall be treated as
provisional rates, subject to yearend settlement of actual costs.
(a) Counties shall submit a cost report reflecting the
expenditure of funds expended pursuant to the county contract. An
annual cost report for the fiscal year ending June 30 shall be
submitted to the department by November 1.
(b) Each county shall be responsible for reviewing its contracts
with providers of services and the department may audit these
contracts. The cost reports shall be reviewed by the department and
interim settlements of claims shall be made expeditiously with each
county. Final settlement shall be made at the time of audit, which
shall be completed within three years of the date the cost report was
accepted for interim settlement by the department. If the audit is
not completed within three years, the interim settlement shall be
considered as the final settlement.
(c) Counties shall report estimated numbers and characteristics of
clients-participants by type of service and shall report actual
numbers and characteristics of clients-participants served by type of
service with the annual cost report. The department shall specify
forms and procedures to be followed in reporting this information.
The fiscal reporting system established pursuant to this section
shall supersede the requirements of paragraph (2) of subdivision (b)
of Section 16366.7 of the Government Code for a quarterly fiscal
reporting system.
The Legislature recognizes the need for increased
potential for coordination between county alcohol programs and local
health system agencies established pursuant to Public Law 93-641.
Therefore, the Legislature encourages a harmonious working
relationship between local health system agencies and county alcohol
programs.