Access Programs and 42 CFR

CalMHSA has heard concerns from counties about the Inquiries screen not being protected by CDAG, as they feel that requests for services that come to their Access Line should be protected under 42 CFR Part 2. CalMHSA asked Manatt to explore whether Access Programs are beholden to 42 CFR Part 2. Their memo is linked below.

Some counties have determined that this is pre-treatment and is considered a managed care organization task rather than a provider task and is therefore not considered a 42 CFR Part 2 program.

Other counties have separate access lines for mental health referrals and substance use referrals, so at least one of their programs is considered a 42 CFR Part 2 program.

Because counties differ in the way they handle their Access Lines and Access Programs, CalMHSA is currently pursuing development that will allow counties to determine whether Inquiries should be protected by CDAG or not, based on their specific needs. This information is included in the Manatt memo. Please reach out to CalMHSA via [email protected] if you have any questions. You can also track the progress of items in development using Asana.

Manatt Memo

Updated 12/1/23