BILL NUMBER: AB 317	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2008
	PASSED THE ASSEMBLY  AUGUST 31, 2008
	AMENDED IN SENATE  AUGUST 29, 2008
	AMENDED IN SENATE  AUGUST 13, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 3, 2008
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN SENATE  JUNE 18, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Berg
   (Coauthor: Senator Alquist)

                        FEBRUARY 13, 2007

   An act to add Section 14571.6 to the Welfare and Institutions
Code, relating to adult day health care, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 317, Berg. Adult day health care centers: disasters.
   Existing law, the California Adult Day Health Care Act, provides
for the licensure and regulation of adult day health care centers.
The Adult Day Health Medi-Cal Law establishes adult day health care
services as a Medi-Cal benefit for Medi-Cal beneficiaries who meet
certain criteria. The adult day health care program is administered
pursuant to an interagency agreement between the State Department of
Public Health, the State Department of Health Care Services, and the
California Department of Aging.
   This bill would require the State Department of Health Care
Services to authorize payment for participants attending an adult day
health care center for partial days of attendance as a direct result
of a disaster, as defined, for which a state of emergency has been
declared by the Governor, as specified. The bill would require the
department to submit a state plan amendment, and implement these
changes only if, and to the extent that, the state plan amendment is
approved.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14571.6 is added to the Welfare and
Institutions Code, to read:
   14571.6.  (a) The department shall authorize payment for
participants attending an adult day health care center for partial
days of attendance as a direct result of a disaster, as defined in
Section 8680.3 of the Government Code, for which a state of emergency
has been declared by the Governor if those days would otherwise be
payable according to the requirements for payment set by the
department. If payment for partial days of attendance due to a
disaster for which a state of emergency has been declared by the
Governor is authorized by the department pursuant to this section,
the adult day health care licensee shall bill only for days in which
evacuation of the adult day health care center occurred.
   (b) The department shall submit a state plan amendment to
implement the requirements of this section, and this section shall be
implemented only if, and to the extent that, the state plan
amendment is approved.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that, at the earliest possible time, adult day
health care licensees are paid for services provided in the event of
an emergency, it is necessary that this act take effect immediately.