Official Summary Text
AB 2247, as amended, Elhawary.
Trauma Healing and Resilience Investment for Victimized and Exposed Youth Act.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation that the board may award, and requires the application for compensation to be verified under penalty of perjury.
This bill would create the Trauma Healing and Resilience Investment for Victimized and Exposed Youth Act (T.H.R.I.V.E.) to be administered by the State Department of Health Care Services for the administration of grants to a county or city and county to establish and administer a program to pay for mental health and counseling services for youth survivors of gun
violence, as defined, who request those services and who reside in the county or city and county.
The bill would require each county or city and county to use funds awarded under these provisions to establish and administer a program to pay for mental health and counseling services for youth survivors of gun violence that live within the county and who request those services, as specified.
The bill would require policies and procedures for distributing funds to meet certain requirements, including, among other things, allowing youth survivors of gun violence, or their parents or guardians for survivors who are minors, to attest to their experiences of gun violence without requiring external documentation of the gun violence incident. The bill would prohibit a youth survivor of gun violence from being denied assistance solely on the basis of having another source of funding for mental health care services if that source is not
able to fully cover services from the provider or peer support specialist of the youth survivor’s choosing at a rate that is reasonable for the type of service, licensure, and geographic area in which the youth survivor of gun violence resides, as specified. The bill would require the department to annually issue a public report posted on the department’s internet website regarding the impact of the T.H.R.I.V.E..
The bill would create the Trauma Healing and Resilience Investment for Victimized and Exposed Youth Fund to be used by the department for the purposes of this program, upon appropriation by the Legislature. The bill would make client information and records of mental health services provided to these provisions confidential.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer that provides or arranges for the provision of hospital or physician services to comply with specified timely access to care requirements, including ensuring that its network has adequate capacity and availability of licensed health care providers to offer enrollees and insureds appointments that meet specified timeframes.
This bill would require a health care service plan or an insurer, on or after January 1, 2027, to ensure that for an enrollee or an insured requesting a nonurgent appointment with a nonphysician mental health care or substance use disorder provider to be offered an appointment within 5 business days of the request for an appointment for an enrollee or an insured who is a youth survivor of gun violence. The bill would, beginning January 1, 2027, additionally define “urgent care” under these provisions to include a request to initiate services for a survivor of gun violence. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.