(a) A County may transfer funds from its CSS Account to its PEI Account if, before transferring the funds, the County first complies with subsections (b) and (c), and then obtains approval from the Department to transfer the funds to be expended as described in subsections (d) and (e).(b) A County shall include a description of the proposed transfer in its Three-Year Program and Expenditure Plan, annual update, or updates in accordance with sections 3310 and 3315. The description of the proposed transfer shall include the information in subsection (d) and may include an alternative plan for the expenditure of the CSS Account monies should the Department deny the request for transfer, in addition to any other information required by section 3310.(c) A County's Board of Supervisors shall adopt the Three-Year Program and Expenditure Plan, annual update, or updates describing the proposed transfer of funds to the PEI Account.(d) A County shall submit documentation by email to the Department at MHSA@dhcs.ca.gov that demonstrates how increasing the County's PEI Account expenditure will decrease the need and cost for additional services to severely mentally ill persons in the County by at least the same amount as the proposed increase. The County shall submit the following information:(1) Name of the PEI Program(s).(2) Total amount of CSS Account monies requested for the PEI Program(s) by Fiscal Year.(3) A description of the PEI Program(s).(4) Data that demonstrates the increase in PEI services shall decrease the need for additional services to severely mentally ill persons in the County.(5) Data that demonstrates the increase in PEI Account expenditures shall decrease the cost for additional services to severely mentally ill persons in the County.(6) The fiscal years for which the County requests the transfer of funds.(7) The number of fiscal years that it will take the County to achieve a decrease in the need and cost for additional services to severely mentally ill persons in the County.(e) The Department shall provide written notice to a County either approving or denying a County's request to transfer funds from its CSS Account to its PEI Account within forty-five (45) calendar days of receipt of the information required in subsection (d). A notice denying the County's request to transfer funds from its CSS Account to its PEI Account shall include the reasons for the Department's decision.(f)(1) A County may appeal the Department's denial of a request to transfer funds from its CSS Account to its PEI Account. The appeal shall include an explanation stating the basis for the appeal and supporting documentation. The appeal shall be submitted by the County to the Department, by email to MHSA@dhcs.ca.gov, within thirty (30) calendar days of the date on the notice specified in subsection (e).(2) The Department shall only consider the original request as specified in subsection (d) during the review of the County's appeal.(g) The Department shall provide written notice to a County either approving or denying a County's appeal within forty-five (45) calendar days of receipt of the appeal. A notice denying the County's appeal shall include the reasons for the Department's decision.(h) If the request is approved by the Department, the County shall include data in its Three-Year Program and Expenditure Plan, annual update, or updates to demonstrate the effectiveness of the PEI Program or services in decreasing the need and cost for additional services for each fiscal year that the Department approves the County to transfer CSS Account monies to the PEI Account.(i) If the request is denied by the Department the County shall update its next Three-Year Program and Expenditure Plan, annual update, or update to reflect the denial.(j) A County shall report any transfers from its CSS Account to its PEI Account in its Annual Mental Health Services Act Revenue and Expenditure Report, pursuant to section 3510.Cal. Code Regs. Tit. 9, § 3420.15
1. New section filed 5-6-2020; operative 7-1-2020 (Register 2020, No. 19). Note: Authority cited: Section 5898, Welfare and Institutions Code. Reference: Sections 5847(a), 5847(b)(1)-(3), 5847(e), 5848(a), 5848(b), 5891(d), 5892(a)(4), 5892(g), 5899(a), 5899(b), 5899(c)(1), 5899(d)(1), 5899(d)(2) and 5899(d)(5), Welfare and Institutions Code.
1. New section filed 5-6-2020; operative 7/1/2020 (Register 2020, No. 19).