CA Welf & Inst Code Section 4096.5

(a)

All short-term residential treatment centers that operate a mental health program that serves children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services under Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.20 of Title 9 of the California Code of Regulations, or who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.01.

(b)

The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.

(c)

The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers.

(d)

(1)Except for certification of short-term residential treatment centers operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the certification of short-term residential treatment center programs within its borders.

(2)

Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.

(e)

The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).

(f)

The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.

(g)

Revocation of a license or a mental health certification shall be a basis for rate termination.

(h)

This section shall become operative on January 1, 2017.