Chapter 13. Narcotic And Alcohol And Other Drug Abuse Programs of California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 13.
The Legislature hereby finds and declares that it is
essential to the health and welfare of the people of this state that
action be taken by state government to effectively and economically
utilize federal and state funds for narcotic and alcohol and other
drug abuse prevention, care, treatment, and rehabilitation services.
To achieve this, it is necessary that all of the following occur:
(a) Existing fragmented, uncoordinated, and duplicative narcotic
and alcohol and other drug abuse programs be molded into a
comprehensive and integrated statewide program for the prevention of
narcotic and alcohol and other drug abuse and for the care,
treatment, and rehabilitation of narcotic addicts and alcohol and
other drug users.
(b) Responsibility and authority for planning programs and
activities for prevention, care, treatment, and rehabilitation of
narcotic addicts be concentrated in the department. It is the intent
of the Legislature to assign responsibility and grant authority for
planning narcotic and alcoholic and other drug abuse prevention,
care, treatment, and rehabilitation programs to the department whose
functions shall be subject to periodic review by the Legislature and
appropriate federal agencies.
(c) The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdiction with
regard to substance abuse formerly vested in the State Department of
Alcohol and Drug Programs.
The department shall consult with state and local health
planning bodies and encourage and promote effective use of
facilities, resources, and funds in the development of integrated,
comprehensive local programs for the prevention, care, treatment, and
rehabilitation of narcotic and alcohol and other drug abuse.
Any community alcohol and other drug abuse service may by
contract furnish community alcohol and other drug abuse services to
any other county.
The department shall, within available resources, consult
with federal, state and local agencies involved in the provision and
delivery of services of prevention, care, treatment, and
rehabilitation of alcohol and other drug abusers.
The department shall provide technical assistance,
guidance, and information to local governments and state agencies
with respect to the creation and implementation of programs and
procedures for dealing effectively with alcohol and other drug abuse
prevention, care, treatment, and rehabilitation. The department may
charge a fee for these services.
The department shall establish goals and priorities for
all state agencies providing narcotic and alcohol and other drug
abuse services. All state governmental units operating alcohol and
other drug programs or administering or subventing state or federal
funds for alcohol and other drug programs shall annually set their
program priorities and allocate funds in coordination with the
The department shall, in the same manner and subject to
the same conditions as other state agencies, develop and submit
annually to the Department of Finance a program budget.
(a) Once the negotiated rate with service providers has
been approved by the county, all participating governmental funding
sources, except the Medi-Cal program (Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code), shall be bound to that rate as the cost of
providing all or part of the total county alcohol and other drug
program as described in the county contract for each fiscal year to
the extent that the governmental funding sources participate in
funding the county alcohol and other drug program. Where the State
Department of Health Services adopts regulations for determining
reimbursement of alcohol and other drug program services formerly
allowable under the Short-Doyle program and reimbursed under the
Medi-Cal Act, those regulations shall be controlling only as to the
rates for reimbursement of alcohol and other drug program services
allowable under the Medi-Cal program and rendered to Medi-Cal
beneficiaries. Providers under this section shall report to the
department and the county any information required by the department
in accordance with the procedures established by the director of the
(b) The Legislature recognizes that alcohol and other drug abuse
services differ from mental health services provided through the
State Department of Health Care Services and therefore should not
necessarily be bound by rate determination methodology used for
reimbursement of those services formerly provided under the
Short-Doyle program and reimbursed under the Medi-Cal Act.
Expenditures incurred pursuant to this part shall be in
accordance with the regulations of the director and shall be subject
to payment whether incurred by direct or joint operation of the
facilities and services, by provisions therefor through contract, or
by other arrangement pursuant to the provisions of this chapter. The
director may make investigations and audits of the expenditures as he
or she may deem necessary.
(a) In determining the amounts that may be paid, fees paid
by persons receiving services or fees paid on behalf of those
persons by the federal government, by the California Medical
Assistance Program set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9 of the Welfare and Institutions Code,
and by other public or private sources, shall be deducted from the
costs of providing services. Whenever feasible, alcohol and other
drug abusing persons who are eligible for alcohol and other drug
abuse services under the California Medical Assistance Program shall
be treated in a facility approved for reimbursement in that program.
(b) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be considered as "fees paid by persons" or
"fees paid on behalf of such persons" under this section and the
contributions shall not be applied in determining the amounts to be
paid. The unrestricted contributions shall not be used in part or in
whole to defray the costs or the allocated costs of the California
Medical Assistance Program.
The department shall coordinate all narcotic and alcohol and
other drug abuse services and related programs conducted by state
agencies with the federal government, and shall ensure that there is
no duplication of those programs among state agencies and that all
agreements, contracts, plans, and programs proposed to be submitted
by any state agency, other than the Regents of the University of
California, to the federal government in relation to narcotic and
alcohol and other drug abuse related problems shall first be
submitted to the state department for review and approval.
The department may require state agencies to contract with
it for services to carry out the provisions of this division.
The department may accept and expend grants, gifts, and
legacies of money, and, with the consent of the Department of
Finance, accept, manage, and expend grants, gifts, and legacies of
other properties in furtherance of the purposes of this division.
In addition to those expenditures authorized under Section
11851, expenditures shall include expenses incurred by members of
the local advisory board on alcohol and other drug programs in
providing alcohol and other drug program services through the
implementation of an executed county contract. Payment shall be made
of actual and necessary expenses of members incurred incident to the
performance of their official duties and may include travel, lodging,
and meals while on official business.
(a) Charges shall be made for services rendered to each
person under a county contract in accordance with this section.
Charges for the care and treatment of each client receiving service
under a county contract shall not exceed the actual cost thereof as
determined by the director in accordance with standard accounting
practices. The fee requirement shall not apply to prevention and
early intervention services. The director is not prohibited from
including the amount of expenditures for capital outlay or the
interest thereon, or both, in his or her determination of actual
cost. The responsibility of a client, his or her estate, or his or
her responsible relatives to pay the charges shall be determined in
accordance with this section.
(b) Each county shall determine the liability of clients rendered
services under a county contract, and of their estates or responsible
relatives, to pay the charges according to ability to pay. Each
county shall collect the charges. The county shall establish and
maintain policies and procedures for making the determinations of
liability and collections, by collecting third-party payments and
from other sources to the maximum extent practicable. The written
criteria shall be a public record and shall be made available to the
department or any individual. Fees collected shall be retained at the
local level and be applied toward the purchase of additional drug
(c) Services shall not be denied because of a client's ability or
inability to pay. County-operated and contract providers of treatment
services shall set and collect fees using methods approved by the
county alcohol and drug program administrator. All approved fee
systems shall conform to all of the following guidelines and
(1) The fee system used shall be equitable.
(2) The fee charged shall not exceed actual cost.
(3) Systems used shall consider the client's income and expenses.
(4) Each provider fee system shall be approved by the county
alcohol and drug program administrator. A description of each
approved system shall be on file in the county board office.
(d) To ensure an audit trail, the county or provider, or both,
shall maintain all of the following records:
(1) Fee assessment schedules and collection records.
(2) Documents in each client's file showing client's income and
expenses, and how each was considered in determining fees.
(e) Each county shall furnish the director with a cost report of
information the director shall require to enable the director to
maintain a cost-reporting system of the costs of alcohol and other
drug program services in the county funded in whole or in part by
funds identified in the county contract with the department. The
cost-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. An annual cost report, for the fiscal year ending
June 30, shall be submitted to the department by November 1.
(f) The Legislature recognizes that alcohol and other drug
programs may provide a variety of services described in this part,
which services will vary depending on the needs of the communities
that the programs serve. In devising a system to ensure that a county
has expended its funds pursuant to an approved county contract,
including the budget portions of the contract, the department shall
take into account the flexibility that a county has in the provision
of services and the changing nature of alcohol and other drug
programs in responding to the community's needs.
(g) The department shall maintain a reporting system to ensure
that counties have budgeted and expended their funds pursuant to
their approved contracts.
(h) (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.
Counties are encouraged to contract with providers for the
provision of alcohol and drug abuse services. Counties shall comply
with the regulations of the department for the management of
contracts with community organizations.
The department shall devise and implement, in consultation
with the counties, a program reporting method to evidence county
compliance with this part. Until that date, the department shall
ensure the payment and cost-reporting system does not impair the
implementation of this part.
Each county may establish standards that meet or exceed
state standards for the treatment and operation of all
county-operated and county-contracted alcohol and other drug
treatment facilities and services, hereafter referred to as a
"quality assurance system." A "quality assurance system" is a
systematic approach for the evaluation of the quality of care, which
approach is designed to promote and maintain efficient, effective,
and appropriate alcohol and other drug treatment services.
Payments or advances of funds to cities, counties, cities
and counties, or other state agencies, which funds are properly
chargeable to appropriations to the department, may be made by a
Controller's warrant drawn against state funds appropriated to the
department or federal funds administered by the department. No more
than one-twelfth of the amount to be allocated to a given entity for
the fiscal year may be advanced each month.
(a) The department may charge a reasonable fee for the
certification or renewal certification of a program that voluntarily
requests the certification. The fee shall be set at a level
sufficient to cover administrative costs of the program certification
process incurred by the department. In calculating the
administrative costs the department shall include staff salaries and
benefits, related travel costs, and state operational and
(b) The department may contract with private individuals or
agencies to provide technical assistance and training to qualify
programs for state certification. The department may charge a fee for
The department shall encourage the development of
educational courses that provide core knowledge concerning alcohol
and other drug problems and programs to personnel working within
alcohol and other drug programs.
The department shall conduct onsite monitoring and reviews
of individual county-operated alcohol and other drug programs and
alcohol and other drug program administration with emphasis on the
review of county administration. The administrative reviews shall
include sampling of all services, including those provided by county