Report 2012-122 Recommendation 9 Responses

Report 2012-122: Mental Health Services Act: The State's Oversight Has Provided Little Assurance of the Act's Effectiveness, and Some Counties Can Improve Measurement of Their Program Performance (Release Date: August 2013)

Recommendation #9 To: Mental Health Services Oversight and Accountability Commission

To ensure that counties have needed guidance to implement and evaluate MHSA programs, the Accountability Commission should issue regulations, as appropriate, for Prevention and Innovation programs.

Agency Response*

The Office of Administrative Law approved the Innovation regulations on July 16, 2015 and the Prevention and Early Intervention regulations on October 7, 2015. The Innovation regulations became effective on October 1, 2015 and the Prevention and Early Intervention regulations became effective on October 6, 2015.

  • Response Type†: Annual Follow Up
  • Completion Date: October 2015
  • Response Date: January 2016

California State Auditor's Assessment of Status: Fully Implemented


Agency Response*

On June 5, 2015, the Mental Health Services Oversight and Accountably Commission submitted the final rulemaking for both the Innovation and Prevention and Early Intervention (PEI) regulations to the Office of Administrative Law. On July 16, 2015 the Office of Administrative Law approved the Innovation regulations which will become effective on October 1, 2015. On July 17, 2015 the Office of Administrative Law disapproved the PEI regulations due to a minor inconsistency in one of the definitions. The Commission made the necessary changes to the PEI regulation section to address the Office of Administrative Law's decision and on August 31, 2015, resubmitted the revised PEI rulemaking file to the Office of Administrative Law. The Office of Administrative Law has until October 13, 2015 to render its decision.

  • Response Type†: Annual Follow Up
  • Completion Date: October 2015
  • Response Date: September 2015

California State Auditor's Assessment of Status: Partially Implemented

  • Auditee did not substantiate its claim of full implementation

Agency Response*

The regulatory process for Prevention and Innovation programs has begun but is not yet complete. The Mental Health Services Oversight and Accountably Commission's notice of proposed regulations for Prevention and Early Intervention (PEI) programs was published in the California Regulatory Notice Register No. 23-Z on June 6, 2014. The 45-day public comment period on this proposed rulemaking closed on July 24, 2014 and the Commission held a public hearing on July 24, 2014 to receive public comments. The Commission voted at its August, September, and October 2014 meetings to revise the language of the proposed PEI regulations in response to comments received during the 45-day public comment period. The revisions required 15-day public comment periods. The Commission, at its December 18, 2014, meeting is scheduled to respond to the comments from these 15-day comment periods. The Commission anticipates submitting the final rulemaking file to the Office of Administrative Law in February or March 2015.

The notice of proposed regulations for Innovation programs was published in the California Regulatory Notice Register No. 28-Z on July 11, 2014. The 45-day public comment period on this proposed rulemaking closed on August 28, 2014 and the Commission held a public hearing on August 28, 2014 to receive public comments. The Commission voted at its October 23, 2014 meeting to revise the language of the proposed Innovation regulations in response to comments received during the 45-day public comment period. The revisions required a 15-day public comment period. The Commission at its December 18, 2014, meeting is scheduled to respond to the comments from the 15-day comment period. The Commission anticipates submitting the final rulemaking file to the Office of Administrative Law in February 2015.

  • Response Type†: Annual Follow Up
  • Estimated Completion Date: Spring 2015
  • Response Date: October 2014

California State Auditor's Assessment of Status: Not Fully Implemented


Agency Response*

The regulatory process for Prevention and Innovation programs is almost fully implemented. The Mental Health Services Oversight and Accountably Commission's proposed regulations for Prevention and Early Intervention (PEI) programs were published in the California Regulatory Notice Register No. 23-Z on June 6, 2014. The 45-day public comment period on this proposed rulemaking closed on July 24, 2014 and the Commission held a public hearing on July 24, 2014 to receive public comments. The Commission is scheduled to vote at its August 28, 2014 meeting on whether to revise the language of the proposed PEI regulations in response to comments received during the public comment period. Additional public comment period will be required if revisions are made to the proposed PEI regulations.

The proposed regulations for Innovation programs were published in the California Regulatory Notice Register No. 28-Z on July 11, 2014. The 45-day public comment period on this proposed rulemaking will close on August 28, 2014 and the Commission will hold a public hearing on August 28, 2014 to receive public comments. The Commission is scheduled to vote at its September 25, 2014 meeting on whether to revise the language of the proposed Innovation regulations in response to comments received during the public comment period. Additional public comment period will be required if revisions are made to the proposed Innovation regulations.

  • Response Type†: 1-Year
  • Estimated Completion Date: December 2014
  • Response Date: July 2014

California State Auditor's Assessment of Status: Partially Implemented


Agency Response*

The regulatory process for Prevention and Innovation programs has begun but is not yet complete. For details see response to Recommendation #10.

  • Response Type†: 6-Month
  • Estimated Completion Date: Summer 2014
  • Response Date: February 2014

California State Auditor's Assessment of Status: Partially Implemented


Agency Response*

The regulatory process for Prevention and Innovation programs has begun but is not yet complete.

  • Response Type†: 60-Day
  • Estimated Completion Date: Earliest possible completion is Spring 2014
  • Response Date: October 2013

California State Auditor's Assessment of Status: Partially Implemented


All Recommendations in 2012-122

†Response Type refers to the interval in which the auditee is providing the State Auditor with their status in implementing recommendations made in an audit report. Auditees must submit a response regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year or subsequent to one year.

*Agency responses received after June 2013 are posted verbatim.


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