BILL NUMBER: AB 2180	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  MAY 14, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 23, 2012

   An act to add  Chapter 8 (commencing with Section 32495)
to Division 23 of   Section 32121.6 to  the Health
and Safety Code, relating to local health care districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2180, as amended, Alejo. Local health care districts: 
employee benefits.   employment contracts. 
   The Local Health Care District Law authorizes the organization and
management of local hospital districts. That law authorizes the
board of supervisors of a local hospital district to establish,
maintain, and operate, or provide assistance in the operation of, one
or more health facilities or health services, including, but not
limited to, retirement programs, services, and facilities. 
Existing law authorizes a local health care district to enter into a
written employment contract with a hospital administrator. 
   This bill would  prohibit the board of directors, a
hospital district, and a health care facility licensed to a hospital
district from providing to, or on behalf of, an officer or employee
any payment contingent upon severance or retirement, or a lump sum
payment, including one based on service or merit, a contribution to
more than one retirement plan, or any other retirement benefit,
unless the employer makes the same options available to all officers
and employees   require a hospital administrator
employment agreement to include specified employment information
 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 32121.6 is added to the 
 Health and Safety Code   , to read:  
   32121.6.  If a health care district enters into a written
employment agreement with a hospital administrator, including a
hospital administrator who is designated as a chief executive
officer, the written employment agreement shall include all material
terms and conditions agreed to between the district and the hospital
administrator regarding compensation, deferred compensation,
retirement benefits, severance or continuing compensation after
termination of the agreement, vacation pay and other paid time off
for illness or personal reasons, and other employment benefits that
differ from those available to other full-time employees. 

  SECTION 1.    Chapter 8 (commencing with Section
32495) is added to Division 23 of the Health and Safety Code, to
read:
      CHAPTER 8.  BENEFITS OF OFFICERS AND EMPLOYEES


   32495.  For the purposes of this chapter, the following
definitions shall apply:
   (a) "Employer" includes the board of directors, a hospital
district, and a health care facility licensed to a hospital district.

   (b) "Officer or employee" includes the hospital administrator, a
director, policymaking management employee, or medical staff officer,
and any executive or staff of the health care facilities licensed to
the district.
   32496.  An employer shall not provide to, or on behalf of, an
officer or employee any of the following, unless the employer makes
the same options available to all officers and employees:
   (a) A lump sum payment, including one based on service or merit.
   (b) Any payment contingent upon severance or retirement.
   (c) A contribution to more than one retirement plan or other
supplemental pension plan, whether public or private.
   (d) Any other retirement benefit.