BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 484|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 484
Author: Rubio (D)
Amended: 5/3/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 4/5/11
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/26/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Department of Corrections and Rehabilitation:
access to
confidential health care services contracts and
rates
SOURCE : Author
DIGEST : This bill provides the Legislative Analysts
Office (LAO) with the same level of access to confidential
California Department of Corrections and Rehabilitation
(CDCR) health care services contracts, including rates, as
the Joint Legislative Audit Committee and the Bureau of
State Audits, as specified.
ANALYSIS : Current law contains the California Public
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Records Act, enacted as "the Legislature, mindful of the
right of individuals to privacy, finds and declares that
access to information concerning the conduct of the
people's business is a fundamental and necessary right of
every person in this state." (Government Code Section 6250
et seq.)
Current law generally provides that the Public Records Act
does not require disclosure of records of the CDCR "that
relate to health care services contract negotiations, and
that reveal the deliberative processes, discussions,
communications, or any other portion of the negotiations,
including, but not limited to, records related to those
negotiations such as meeting minutes, research, work
product, theories, or strategy of the department, or its
staff, or members of the California Medical Assistance
Commission, or its staff, who act in consultation with, or
on behalf of, the department." (Government Code Section
6254.14(a))
Current law provides that, except "for the portion of a
contract that contains the rates of payment, contracts for
health services entered into by CDCR or the California
Medical Assistance Commission on or after July 1, 1993,
shall be open to inspection one year after they are fully
executed," as specified. (Id.)
Current law provides that three years after a contract or
amendment is open to inspection pursuant to this section, "
the portion of the contract or amendment containing the
rates of payment shall be open to inspection." (Id.)
Current law further provides that, "(n)otwithstanding any
other provision of law, the entire contract or amendment
shall be open to inspection by the Joint Legislative Audit
Committee and the Bureau of State Audits. The Joint
Legislative Audit Committee and the Bureau of State Audits
shall maintain the confidentiality of the contracts and
amendments until the contract or amendment is fully open to
inspection by the public. ? It is the intent of the
Legislature that confidentiality of health care provider
contracts, and of the contracting process as provided in
this subdivision, is intended to protect the competitive
nature of the negotiation process, and shall not affect
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public access to other information relating to the delivery
of health care services?." (Id.)
This bill adds the LAO to the law now authorizing the Joint
Legislative Audit Committee and Bureau of State Audits to
inspect an entire contract or amendment subject to these
provisions.
This bill additionally specifically provides that these
provisions supersede Evidence Code Section 1060, pertaining
to the privilege to refuse to disclose a trade secret.
This bill makes an additional technical conforming change.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/10/11)
American Federation of State, County and Municipal
Employees
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author, "Prison
health care costs are currently skyrocketing. The
non-partisan LAO found 'dramatic increase in spending on
adult prison health care: from $1.2 billion in 2005-2006 to
$2.5 billion in 2008-2009.' Last year, California spent an
average of $16,000 per inmate (170,000 total) on health
care services. The LAO directly attributes the growing
health care costs to greater usage of contract medical
services. Despite the growing costs in prison health care,
the LAO and the Legislature are kept in the dark about
exactly how much is being spent on health contracts because
all health care contracts and records under the Department
of Corrections and Rehabilitation are exempt from the
Public Records Act."
The American Federation of State, County and Municipal
Employees, which supports this bill, states:
"The Public records Act prevents the records of the
(CDCR) relating to health care services contract
negotiations from being disclosed until one year after
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the contract is fully executed. This Act also provides
that the part of the contract that contains the rates of
payment is not open to inspection until three years after
it has been fully executed. The (JLBC) and (BSA),
however, are immediately able to inspect the entirety of
the contract or amendment.
"(This bill) ? would facilitate the Legislature's ability
to understand and monitor health care services contracts
made with CDCR. ?"
RJG:mw 5/10/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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