BILL NUMBER: AB 916 AMENDED
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
INTRODUCED BY Assembly Member V. Manuel Pérez
Assembly Members Ammiano
and Fuentes )
( Coauthor: Senator
FEBRUARY 18, 2011
An act relating to public health. An act
to amend Section 1216 of, and to add and repeal Chapter 6 (commencing
with Section 127645) of Part 2 of Division 107 of, the Health and
Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 916, as amended, V. Manuel Pérez. Promotores:
medically Health: underserved
communities: federal grants. communities.
Under existing law, the California Health and Human Services
Agency is required to establish an interdepartmental Task Force on
Rural Health to coordinate rural health policy development and
program operations and to develop a strategic plan for rural health.
This bill would state the intent of the Legislature to ensure that
counties address the needs of underserved communities by maximizing
the use of nonprofit health providers that are critical to the health
of farmworkers and other individuals, as specified. This bill would
establish the Task Force on the Health Care Needs of Farmworkers,
composed as prescribed, to develop a comprehensive agenda of programs
and public policy initiatives that are designed to address the
health care needs of farmworkers in California, and provide a report
containing specified information to the office of the Governor and
the State Department of Health Care Services by December 31, 2013.
This bill would provide that the task force is to be funded by
federal or private funds and that if, by January 1, 2013, the office
of the Governor determines that the task force has insufficient
funding to carry out its activities, the activities of the task force
shall cease. This bill would repeal these provisions as of January
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
Existing law provides that federally qualified health center
services, as defined, are covered benefits under the Medi-Cal
Existing law requires every clinic holding a license to file
annually with the Office of Statewide Health Planning and Development
a verified report showing prescribed information. Violation of these
provisions is a crime.
This bill would require all federally qualified health centers
operated by a county to file this report. By changing the definition
of a crime, this bill would create a state-mandated local program.
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
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law establishes training and certification programs for
various healing arts professionals including, among others, nurses,
midwives, occupational therapists, dietitians, and social workers.
This bill would require the State Department of Public Health to
assess the grants to promote positive health behaviors and outcomes
available pursuant to the federal Patient Protection and Affordable
Care Act for funding opportunities related to the use of promotores,
as defined, in medically underserved communities, and to report on
this assessment to the fiscal and health policy committees of the
Legislature by April 1, 2012, with recommendations for attaining and
maximizing federal funding.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is this intent of the Legislature to
ensure that counties address the needs of underserved communities by
maximizing the use of nonprofit health providers that are critical
to the health of farmworkers and other individuals if county
governments are given greater authority and control to operate
specific health programs through realignment by requiring that the
realignment includes all of the following:
(a) Minority communities being served shall be consulted and
involved in developing service delivery models and infrastructure.
(b) Nonprofit community-based organizations providing health care,
social services, and mental health services shall be included in the
delivery of these services to impacted and targeted communities.
(c) No reduction in the current role and scope of nonprofit
organizations in the operation of health programs.
(d) Priority to establishing partnerships between county
government and nonprofit organizations to effectively deliver
SEC. 2. Section 1216 of the Health and
Safety Code is amended to read:
1216. (a) Every clinic holding a license shall, on or before the
15th day of February each year, file with the Office of Statewide
Health Planning and Development upon forms to be furnished by the
office, a verified report showing the following information relating
to the previous calendar year:
(1) Number of patients served and descriptive information,
including age, gender, race, and ethnic background of patients.
(2) Number of patient visits by type of service, including all of
(A) Child health and disability prevention screens
screenings , treatment, and followup services.
(B) Medical services.
(C) Dental services.
(D) Other health services.
(3) Total clinic operating expenses.
(4) Gross patient charges by payer category, including Medicare,
Medi-Cal, the Child Health Disability Prevention Program, county
indigent programs, other county programs, private insurance,
self-paying patients, nonpaying patients, and other payers.
(5) Deductions from revenue by payer category, bad debts, and
charity care charges.
(6) Additional information as may be required by the office or the
(b) In the event a clinic fails to file a timely report, the
department may suspend the license of the clinic until the report is
completed and filed with the office.
(c) In order to promote efficient reporting of accurate data, the
office shall consider the unique operational characteristics of
different classifications of licensed clinics, including, but not
limited to, the limited scope of services provided by some specialty
clinics, in its design of forms for the collection of data required
by this section.
(d) For the purpose of administering funds appropriated from the
Cigarette and Tobacco Products Surtax Fund for support of licensed
clinics, clinics receiving those funds may be required to report any
additional data the office or the department may determine necessary
to ensure the equitable distribution and appropriate expenditure of
those funds. This shall include, but not be limited to, information
about the poverty level of patients served and communicable diseases
reported to local health departments.
(e) This section shall apply to all primary care clinics.
(f) This section shall apply to all specialty clinics, as defined
in paragraph (2) of subdivision (a) of Section 1204 of the Health and
Safety Code that receive tobacco tax funds pursuant to Article 2
(commencing with Section 30121) of Chapter 2 of Part 13 of Division 2
of the Revenue and Taxation Code.
(g) Specialty clinics that are not required to report pursuant to
subdivision (f) shall report data as directed in Section 1216 as it
existed prior to the enactment of Chapter 1331 of the Statutes of
1989 and Chapter 51 of the Statutes of 1990.
(h) Federally qualified health centers, as described in Section
1395x(aa)(4) or 1396d(l)(2)(B) of Title 42 of the United States Code,
operated by a county shall file the report described in subdivision
SEC. 3. Chapter 6 (commencing with Section 127645)
is added to Part 2 of Division 107 of the Health and
Safety Code , to read:
CHAPTER 6. TASK FORCE ON THE HEALTH CARE NEEDS OF FARMWORKERS
127645. (a) The Task Force on the Health Care Needs of
Farmworkers is hereby established to develop a comprehensive agenda
of programs and public policy initiatives that are designed to
address the health care needs of farmworkers in California.
(b) The activities of the task force shall be funded by federal or
private funds. If, by January 1, 2013, the office of the Governor
determines that the task force has insufficient funding to carry out
its activities pursuant to this chapter, the activities of the task
force shall cease.
(c) The task force shall be composed of 11 members. The members of
the task force shall be farmworker representatives, representatives
from nonprofit community health centers with an established record of
serving farmworker communities, representatives of growers, and
representatives of philanthropic foundations. The members shall be
appointed as follows:
(1) The office of the Governor shall appoint five members.
(2) The Speaker of the Assembly and the President pro Tempore of
the Senate shall each appoint three members.
127646. The task force shall issue a report that shall be
provided to the State Department of Health Care Services and to the
Governor by December 31, 2013, that includes all of the following:
(a) Strategies to create public and private partnerships between
growers, federal, state, and local government entities, nonprofit
community health centers, and farmworker community representatives
for the purpose of coordinating respective resources to create new
initiatives to provide health insurance, or equivalent coverage, for
farmworkers who will not be covered by the federal Patient Protection
and Affordable Care Act (Public Law 111-148).
(b) A plan that coordinates county health care delivery systems to
integrate federally qualified health centers, as described in
Section 1395x(aa)(4) or 1396d(l)(2)(B) of Title 42 of the United
States Code, and coordinates the systems to target farmworkers.
(c) A plan to increase the number of culturally competent health
professionals in underserved rural areas.
(d) A plan to expand telehealth care services.
(e) A plan to coordinate a network of providers to ensure a
continuum of health care as farmworkers migrate within and outside of
(f) Long-term strategies for educating, training, and preparing
workers for other industries, including, but not limited to, green
(g) Viable strategies for enabling farmworkers to purchase
127647. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
SECTION 1. (a) The State Department of Public
Health shall assess the grants to promote positive health behaviors
and outcomes available pursuant to Section 399V of the federal
Patient Protection and Affordable Care Act (Public Law 111-148) for
funding opportunities related to the use of promotores, also known as
community health workers, in medically underserved communities. The
department shall report on this assessment to the fiscal and health
policy committees of the Legislature by April 1, 2012, with
recommendations for attaining and maximizing federal funding.
(b) The assessment made by the department pursuant to subdivision
(a) shall rely upon past research about the efficacy of promotores
and the department may not conduct new research.
(c) For purposes of this section, "promotores" means promotores de
salud, also known as community health workers, peer leaders, or
health advocates, who serve as a bridge between the community and the
public health care system by providing health education, health
promotion, prevention, informational counseling and referral
information, as well as resources, in a manner that is culturally and
(d) (1) The report to be submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the Government
(2) Pursuant to Section 10231.5 of the Government Code, this
section shall remain in effect only until April 1, 2015, and as of
that date is repealed.