1. (a) A county that wishes to be designated by the Department as the MHP for the beneficiaries of that county shall communicate its intent in a resolution from the county board of supervisors, which shall be transmitted, to the Department. The resolution shall state that:

   1. (1) The county is willing to assume responsibility for Medi-Cal authorization and payment for all covered specialty mental health services for beneficiaries of that MHP and assures that access to services through the MHP will be no less than access provided to beneficiaries prior to operation of the MHP.
   2. (2) The county recognizes and agrees that the allocation of State funds pursuant to Section 5778 of the Welfare and Institutions Code, will be the full payment from the State for the services specified in Subsection (a)(1), except as specifically provided in this Chapter or in the contract between the county and the Department under this Chapter.
   3. (3) The county will utilize a public planning process that involves various constituency groups, including, but not limited to beneficiaries, providers, and beneficiaries' significant support persons as self identified, to assist in formulating policies and procedures for the operation of the MHP insofar as these policies and procedures are not specifically prescribed in law and regulation.
   4. (4) The county will submit to the Department an Implementation Plan pursuant to Section 1810.310.

2. (b) The Department may designate other qualifying entities including another county, other counties acting jointly, or other governmental and non-governmental entities, to be the MHP pursuant to Section 5775 of the Welfare and Institutions Code under any of the following conditions:

   1. (1) A county declines to be the MHP for the beneficiaries of that county.
   2. (2) The county or the Department terminates or fails to renew the contract between the Department and a county originally designated to be the MHP.
   3. (3) The county fails to utilize a public planning process pursuant to Subsection (a)(3).
   4. (4) The county fails to submit an Implementation Plan to the Department pursuant to Section 1810.310.
   5. (5) The Implementation Plan submitted by the county pursuant to Section 1810.310 is disapproved by the Department.
3. (c) The entity selected under Subsection (b) shall meet the same duties and obligations required of a county in Subsections (a)(1)-(4).
4. (d) The Department may designate an entity to be an MHP pursuant to Subsection (b) through a competitive procurement process. If the Department elects to do so, the Department may integrate the requirements of Subsections (a)(1)-(4) and the requirements of Section 1810.310 into the procurement process.

Note: Authority cited: Section 14680, Welfare and Institutions Code. Reference: Sections 5775, 5777, 5778 and 14684, Welfare and Institutions Code.

History

1. New article 3 (sections 1810.305-1810.385) and section filed 10-31-97 as an emergency; operative 11-1-97 (Register 97, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-98 or emergency language will be repealed by operation of law on the following day.

2. New article 3 (sections 1810.305-1810.385) and section refiled 3-2-98 as an emergency; operative 3-2-98 (Register 98, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-98 or emergency language will be repealed by operation of law on the following day.

3. New article 3 (sections 1810.305-1810.385) and section refiled 6-17-98 as an emergency; operative 6-30-98 (Register 98, No. 25). Pursuant to Chapter 324 (Statutes of 1998) Item 4440-103-0001(4), a Certificate of Compliance must be transmitted to OAL by 7-1-99 or emergency language will be repealed by operation of law on the following day.

4. Editorial correction of History 3 (Register 98, No. 39).

5. Editorial correction extending Certificate of Compliance date to 7-1-2001 pursuant to Chapter 50 (Statutes of 1999) Item 4440-103-0001(4) (Register 99, No. 33). Notwithstanding any other provision of law, emergency regulations adopted pursuant to Welfare and Institutions Code section 14680 to implement the second phase of mental health managed care as provided in this part shall remain in effect until permanent regulations are adopted, or June 30, 2006, whichever occurs first.

6. Editorial correction of History 5 (Register 2000, No. 42).

7. Editorial correction of History 5 and repealer and new section filed 5-19-2006; operative 6-18-2006 (Register 2006, No. 20).