BILL ANALYSIS                                                                                                                                                                                                    



          
           AB 2188
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2188 (Bradford and Niello)
          As Amended  August 20, 2010
          2/3 vote.  Urgency
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |55-17|(June 2, 2010)  |SENATE: |35-0 |(August 24,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    INS.
           
           SUMMARY  :  Removes the requirement that the Employment  
          Development Department (EDD) pay state disability insurance  
          (SDI) benefits by  checks  drawn on a bank or public depository,  
          and clarifies the conditions in which a nurse practitioner may  
          certify eligibility for SDI benefits.

           The Senate amendments  : 

          1)Remove the Assembly provisions of the bill that would have  
            established criteria for any contract between the Employment  
            Development Department (EDD) and a vendor for the electronic  
            payment of state disability insurance (SDI) benefits. 
           
           2)Define "practitioner" in the Unemployment Insurance Code the  
            same as an existing provision of the Business and Professions  
            Code to clarify that a person who is duly licensed or  
            certified in California as a nurse practitioner may certify  
            the disability of an applicant for SDI, after  performing a  
            physical examination and collaborating with a physician and  
            surgeon,.    
           
           EXISTING LAW  :

          1)Requires claims for SDI benefits to be made in accordance with  
            regulations adopted by the Director of EDD, and when the  
            claimant establishes medical eligibility for a period of  
            disability that is supported by a certificate of a treating  
            physician or "practitioner."

          2)Defines a "practitioner" as a person duly licensed or  
            certified in California who is a dentist, podiatrist, or as to  
            normal pregnancy or childbirth, a midwife, nurse midwife, or  








          
           AB 2188
                                                                  Page  2

            nurse practitioner.

          3)Requires the payment of SDI benefits to be paid by checks  
            drawn on a disability benefit payment account from a bank or  
            public despository selected by the director of EDD, with the  
            approval of the Department of Finance.

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Required that any contract between the EDD and a vendor for  
            the electronic payment of SDI benefits shall include the  
            following criteria:

             a)   Provide claimants with a process to resolve disputes in  
               a timely manner;

             b)   Require that claimants have free and unlimited access to  
               customer service that meets or exceeds the services  
               provided by EDD prior to the implementation of electronic  
               payment of benefits;

             c)   Prohibit the assessment of fees to claimants to access  
               the electronic payment of benefits in connection with a  
               transaction with a teller at a financial institution, a  
               point of sale transaction where an electronic benefit card  
               is utilized to purchase goods or services, and a  
               transaction at any automatic teller machine in the vendor's  
               financial network;

             d)   Allow for inquiries on account balances from automatic  
               teller machines;

             e)   Charge no fees wherever the vendor can exercise that  
               option;

             f)   Require the vendor to meet or exceed federal and state  
               laws for financial privacy and language access;

             g)   Meet the standards for use of personal service contracts  
               required by existing state law;

             h)   Create a procedure to prevent overdraft fees; and

             i)   Prohibit the deduction of any fees, charges, or debt  








          
           AB 2188
                                                                  Page  3

               from future SDI benefits.

          2)Eliminated the requirement that SDI benefits be paid by check.

           FISCAL EFFECT  :  Minor absorbable cost to EDD to revise internal  
          documents to reflect the revised authority of nurse  
          practitioners in determining disability for purposes of SDI.   
          Cost savings (undetermined dollar amount) expected from  
          authorizing EDD to pay SDI benefits by electronic means.

           COMMENTS  :   

          1)This bill will authorize EDD to pay SDI benefits by electronic  
            means, such as by direct deposit or the issuance of pay cards,  
            and modify the instances when a nurse practitioner may certify  
            that a claimant for SDI benefits is eligible for benefits.

          2)Electronic pay cards can benefit "unbanked" individuals who do  
            not have access to a bank account and resort to payday lenders  
            and check cashers that charge exorbitant fees.

          3)An existing provision of the Business and Professions Code  
            (Section 2835.7) authorizes a person who is a duly licensed or  
            certified in California as a nurse practitioner to certify the  
            disability of an applicant for SDI after a physical  
            examination and collaboration with a physician and surgeon (SB  
            819 (Yee), Chapter 308, Statutes of 2009).  AB 2188 makes the  
            conforming change to the Unemployment Insurance Code (Section  
            2708) which provides direction to EDD, the agency responsible  
            for administering the SDI Program.    
           
           
          Analysis Prepared by  :    Manny Hernandez / INS. / (916) 319-2086  
                                                       FN: 0006590