BILL NUMBER: AB 195 CHAPTERED 10/05/07 CHAPTER 261 FILED WITH SECRETARY OF STATE OCTOBER 5, 2007 APPROVED BY GOVERNOR OCTOBER 5, 2007 PASSED THE SENATE SEPTEMBER 7, 2007 PASSED THE ASSEMBLY SEPTEMBER 10, 2007 AMENDED IN SENATE SEPTEMBER 7, 2007 INTRODUCED BY Committee on Budget (Laird (Chair), Arambula, Beall, Berg, Brownley, Dymally, Feuer, Hayashi, Hernandez, Jones, Mullin, Ruskin, Swanson, and Wolk) JANUARY 25, 2007 An act to amend Section 12739 of the Insurance Code, relating to health care, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 195, Committee on Budget. Health care: Expanded Access to Primary Care Program. Existing law establishes the Physician Services Account within the Cigarette and Tobacco Products Surtax Fund and authorizes the expenditure of revenue in that account to pay for physician services provided to patients who cannot afford to pay for those services and who are without health care coverage from private carriers or from any program funded by the federal government. Existing law also establishes the Expanded Access to Primary Care program that requires the State Department of Health Care Services to select primary care clinics to reimburse for delivering medical services to persons whose income level is at or below 200% of the federal poverty level and for which payment will not be made through private or public third-party reimbursement. Under existing law, the California Major Risk Medical Insurance Program provides major risk medical coverage to persons unable to secure adequate private health coverage, as specified, and revenue from the Major Risk Medical Insurance Fund is expended for those purposes. Existing law requires that specified amounts be deposited into that fund annually, including $11,000,000 from the Physician Services Account. This bill would reduce the amount of revenue deposited into the Major Risk Medical Insurance Fund from the Physician Services Account to $1,000,000 for the 2007-08 fiscal year. The bill would appropriate $12,000,000 from the Physician Services Account to the State Department of Health Care Services for expenditure in the 2007-08 fiscal year for the Expanded Access to Primary Care program. The bill would declare that its provisions would take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature, on a one-time basis for the 2007-08 fiscal year, to utilize savings of ten million dollars ($10,000,000) from the Major Risk Medical Insurance Fund, created pursuant to Section 12739 of the Insurance Code, to offset a portion of the General Fund expenditures from the 2007-08 fiscal year to maintain funding levels for the Expanded Access to Primary Care program established pursuant to Article 2 (commencing with Section 124900) of Chapter 7 of Part 4 of Division 106 of the Health and Safety Code. SEC. 2. The sum of twelve million dollars ($12,000,000) is hereby appropriated from the Physician Services Account in the Cigarette and Tobacco Products Surtax Fund, established pursuant to Section 30122 of the Revenue and Taxation Code, to the State Department of Health Care Services, for expenditure in the 2007-08 fiscal year for the Expanded Access to Primary Care program established pursuant to Article 2 (commencing with Section 124900) of Chapter 7 of Part 4 of Division 106 of the Health and Safety Code. SEC. 3. Section 12739 of the Insurance Code is amended to read: 12739. (a) There is hereby created in the State Treasury a special fund known as the Major Risk Medical Insurance Fund that is, notwithstanding Section 13340 of the Government Code, continuously appropriated to the board for the purposes specified in Sections 10127.15 and 12739.1 and Section 1373.62 of the Health and Safety Code. (b) After June 30, 1991, the following amounts shall be deposited annually in the Major Risk Medical Insurance Fund: (1) Eighteen million dollars ($18,000,000) from the Hospital Services Account in the Cigarette and Tobacco Products Surtax Fund. (2) (A) Eleven million dollars ($11,000,000) from the Physician Services Account in the Cigarette and Tobacco Products Surtax Fund. (B) Notwithstanding subparagraph (A), for the 2007-08 fiscal year only, the Controller shall reduce the amount deposited into the Major Risk Medical Insurance Fund from the Physician Services Account in the Cigarette and Tobacco Products Surtax Fund to one million dollars ($1,000,000). (3) One million dollars ($1,000,000) from the Unallocated Account in the Cigarette and Tobacco Products Surtax Fund. SEC. 4. 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 enact statutory changes needed to implement the Budget Act of 2007, it is necessary that this act take effect immediately.