Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 82


Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla,begin insert Campos,end insert Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian,begin delete Rendonend deletebegin insert Skinnerend insert, Stone, and Ting)

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn act to amend Section 680 of the Business and Professions Code, to amend Sections 6254, 26605.6, 26605.7, and 26605.8 of the Government Code, to amend Sections 1180.6, 1250.2, 1254, 1254.1, 1266.1, 1275.1, 1275.5, 1324.9, 1373, 111792, 123870, 123929, 123940, and 123955 of, and to add Section 104151 to, the Health and Safety Code, to amend Sections 10125, 10127, 12693.70, 12698, 12737, and 12739.61 of the Insurance Code, and to amend Sections 359, 708, 4005.7, 4080, 5150, 5151, 5157, 5202, 5326.9, 5358, 5366.1, 5404, 5405, 5585.21, 5585.50, 5585.55, 5675, 5675.1, 5675.2, 5751.7, 5768, 5840, 5845, 5846, 5909, 6007, 6551, 7100, 14105.22, 14105.3, 14131.10, 14134, 14707.5, and 15911 of, to add Sections 14100.3, 14100.51, 14100.52, 14132.86, and 14132.89 to, to add Part 3.3 (commencing with Section 15800) to Division 9 of, to add and repeal Section 14005.281 of, and to repeal Section 14131.07 of, the Welfare and Institutions Code, relating to health, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 82, as amended, Committee on Budget. begin deleteBudget Act of 2013. end deletebegin insertHealth.end insert

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(1) Existing law authorizes a sheriff to release a prisoner from a county correctional facility for transfer to a medical care facility or residential care facility upon the advice of a physician, as specified, or if the sheriff determines that the prisoner would not reasonably pose a threat to public safety and the prisoner, upon diagnosis by the examining physician, is deemed to have a life expectancy of 6 months or less, provided the sheriff gives specified notice to the superior court. Existing law also authorizes the sheriff to request the court to grant medical probation or to resentence a prisoner to medical probation in lieu of jail time if the prisoner is physically incapacitated with a medical condition that renders the prisoner permanently unable to perform activities of basic daily living, which has resulted in the prisoner requiring 24-hour care, and if that incapacitation did not exist at the time of sentencing or if the prisoner would require acute long-term inpatient rehabilitation services. Existing law requires a county that chooses to implement these provisions to pay the nonfederal share of a prisoner’s or probationer’s Medi-Cal costs for the period that the individual would have otherwise been incarcerated or been on medical probation. Existing law requires a county board of supervisors to adopt a process to fund the nonfederal share of Medi-Cal costs, as specified, before implementing the above-referenced provisions and to notify the State Department of Health Care Services of the process.

end insert
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This bill would revise the conditions under which a county may implement these release or medical probation provisions by requiring the county to notify the department when a released prisoner has applied for Medi-Cal or is returned to custody and to also pay the nonfederal share of certain nonreimbursable medical costs paid by the state, and state administrative costs, as specified. The bill would specify the Legislature’s intent that implementation of these provisions would not result in increased costs to the General Fund and should not jeopardize federal financial participation for the Medi-Cal program.

end insert
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(2) Existing law establishes the Long-Term Care Quality Assurance Fund in the State Treasury and requires, beginning August 1, 2013, all revenues received by the State Department of Health Care Services categorized by the department as long-term quality assurance fees, including specified fees on certain intermediate care facilities and skilled nursing facilities, as specified, to be deposited into the fund. Existing law requires the moneys in the fund to be available, upon appropriation by the Legislature, for expenditure by the department to provide supplemental Medi-Cal reimbursement for intermediate care facility services, and to enhance federal financial participation in the Medi-Cal program or to provide additional reimbursement to, and to support facility quality improvement efforts in, licensed skilled nursing facilities.

end insert
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This bill would authorize the Controller to use the funds in the Long-Term Quality Assurance Fund for cashflow loans to the General Fund, as specified.

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(3) Existing law requires the State Department of Health Care Services to provide, no later than January 10 and May 14 of each year, the fiscal committees of the Legislature with an estimate package for the Every Woman Counts Program, as specified.

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This bill would instead require that the reporting occur each year no later than January 10 and concurrently with the May Revision of the annual budget. The bill would additionally require that the estimate package include a breakout of costs for specified clinical service activities, policy changes, and fund information.

end insert
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(4) Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Among other things, the act establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the Mental Health Services Act, and requires that the commission administer its operations separate and apart from the State Department of Health Care Services. The act provides that the Legislature may clarify procedures and terms of the act by majority vote.

end insert
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This bill would require that the commission administer its operations separate and apart from the California Health and Human Services Agency. The bill would also make technical changes.

end insert
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(5) 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, including specialty mental health services and drug treatment services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions.

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This bill would require the department, by January 10 and concurrently with the May Revision of the annual budget, to provide to the fiscal committees of the Legislature specified fiscal information with respect to the Medi-Cal Specialty Mental Health Services Program and the Drug Medi-Cal Program. The bill also would require the department to post this information on its Internet Web site.

end insert
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(6) Existing federal law requires the State Department of Health Care Services to describe the Medi-Cal program in a state plan. Under existing state law, the Director of Health Care Services has those powers and duties necessary to conform to requirements for securing approval of the state plan. Existing federal law authorizes the Secretary of Health and Human Services to waive provisions of federal Medicaid law under specified circumstances, including, among others, when the secretary finds that the waiver would be cost effective and efficient. Existing state law requires the department to seek a variety of waivers of federal law, including, among others, to implement objectives that may include better care coordination for seniors, persons with disabilities, and children with special health care needs.

end insert
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This bill would require the department to post on its Internet Web site all submitted state plan amendments and all federal waiver applications and requests for new waivers, waiver amendments, and waiver renewals and extensions, within 10 business days from the date the department submits these documents for approval to the federal Centers for Medicare and Medicaid Services (CMS). The bill would require the department to also post on its Internet Web site approval or denial letters, or, if applicable, withdrawal notifications, and accompanying documents for all submitted state plan amendments and federal waiver applications and requests within 10 business days from the date the department receives notification of final approval or denial from CMS, or, if applicable, within 10 business days from when the department notifies CMS of the withdrawal. The bill would require the department to post on its Internet Web site all pending submitted state plan amendments and federal waiver requests, as specified, that were submitted in 2009 and every year thereafter unless already posted pursuant to these provisions.

end insert
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(7) Existing law states the intent of the Legislature that the State Department of Health Care Services develop Medi-Cal reimbursement rates for clinical laboratory or laboratory services in accordance with specified criteria. Existing law exempts from compliance with a specified regulation laboratory providers reimbursed pursuant to any payment reductions implemented pursuant to these provisions for 12 months following the date of implementation of this reduction.

end insert
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This bill would extend the length of this exemption from 12 months to 21 months. The bill also would extend the date by which laboratory providers are required to submit certain data reports, for the purposes of establishing reimbursement rates, by an additional 5 months. The bill would also make technical changes to those provisions.

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(8) Existing law authorizes the State Department of Health Care Services to enter into contracts with providers licensed to dispense dangerous drugs or devices, as specified, to provide specialized care in the distribution of specialized drugs for Medi-Cal beneficiaries. Existing law requires the department, when implementing those provisions, to, among other things, consult current standards of practice when executing a provider contract, contract with a nonexclusive number of providers that meet the needs of the affected population, and generate an annual report, as prescribed. Under existing law, those provisions pertaining to specialized drugs become inoperative 3 years after the date of implementation or July 1, 2013, whichever is earlier.

end insert
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This bill would delete the provision making those provisions inoperative and would delete the reporting requirement. This bill would also make technical changes to those provisions.

end insert
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(9) Existing law limits the total number of Medi-Cal physician office and clinic visits to 7 visits per beneficiary per fiscal year, except as specified.

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This bill would delete these provisions.

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(10) Existing law requires Medi-Cal beneficiaries to make copayments for specified services and, upon federal approval, existing law revises the copayment rates and makes other related changes, as specified.

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This bill would provide that these copayment requirements shall not apply to certain preventive services or any approved adult vaccines and their administration, as specified and that these services shall be provided without any cost sharing by the beneficiary.

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(11) Existing law requires the State Department of Health Care Services, in collaboration with specified entities, to create a plan for a performance outcomes system for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) mental health services provided to eligible Medi-Cal beneficiaries under 21 years of age.

end insert
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This bill would require the department, by February 1, 2014, to convene a stakeholder advisory committee for purposes, among other things, of developing measures for screening and referring Medi-Cal beneficiaries to mental health services and supports, and to make recommendations regarding performance and outcome measures. The bill would require the department to incorporate into the performance outcomes system these screenings and referrals, and to provide an updated performance outcomes system plan to the fiscal and appropriate policy committees of the Legislature by October 1, 2014. The bill would require the department to propose how to implement the updated performance systems outcome plan by January 10, 2015.

end insert
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(12) Existing law requires the State Department of Health Care Services, to the extent federal participation is available pursuant to an approved state plan amendment, to extend Medi-Cal benefits to independent foster care adolescents, as defined.

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This bill would require, until January 1, 2014, the department, using general fund moneys to the extent federal funds are not available, to maintain Medi-Cal eligibility for all former independent foster care adolescents who, on or after July 1, 2013, but no later than December 31, 2013, lose Medi-Cal coverage as a result of attaining 21 years of age.

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(13) Existing law provides for a schedule of benefits under the Medi-Cal program, which includes all of the following: emergency and essential diagnostic and restorative dental services, subject to utilization controls, as specified, certain optional adult dental benefits, and enteral nutrition products subject to the Medi-Cal list of enteral nutrition products and utilization controls. Existing law, except as specified, requires that the purchase of enteral nutrition products be limited to those products administered through a feeding tube.

end insert
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This bill would, on May 1, 2014, or the effective date of any necessary federal financial participation approvals, whichever is later, provide specified dental services be included as a covered medical benefit for persons 21 years of age or older, subject to utilization controls. The bill, effective May 1, 2014, would also provide that the purchase of prescribed enteral nutrition products is a covered benefit, subject to the Medi-Cal list of enteral nutrition products and utilization controls.

end insert
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(14) Existing law requires the State Department of Health Care Services, subject to federal approval, to authorize a local Low Income Health Program (LIHP) to provide health care services to eligible low-income individuals under certain circumstances. Existing law requires the department, in consultation with participating entities, as defined, to determine actuarially sound per enrollee capitation rates for LIHPs, as specified, and to pay those rates to the participating entity. Existing law requires that, if the participating entity and the department reach an agreement regarding reimbursement rates, the rate be applied no earlier than the first day of the LIHP year in which the parties agree to the rate. Existing law provides an exception to that provision with respect to the LIHP year ending June 30, 2012.

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This bill would delete the above-described exception.

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(15) Under existing law, the State Department of Social Services is responsible for the licensing of psychiatric health facilities, as defined, and mental health rehabilitation centers, as described, and the approval of certain 72-hour treatment and evaluation facilities. Existing law requires the State Department of Social Services to adopt regulations necessary to implement those provisions.

end insert
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This bill would transfer, from the State Department of Social Services, those responsibilities related to licensing and approval of those facilities to the State Department of Health Care Services. The bill would authorize the State Department of Health Care Services to adopt regulations necessary to implement those responsibilities. The bill would make various related, technical, and conforming changes to reflect the transfer of those responsibilities.

end insert
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(16) Existing law provides the Director of Health Care Services with the authority and responsibility to monitor and approve special treatment programs in skilled nursing facilities.

end insert
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This bill would require the State Department of Health Care Services to conduct annual certification inspections of special treatment programs for the mentally disordered, as specified.

end insert
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(17) Existing law requires the manufacturer of any cosmetic product subject to regulation by the federal Food and Drug Administration that is sold in this state to, on a schedule and in electronic or other format, determined as specified, provide a complete and accurate list of specified cosmetic products that, as of the date of submission, are sold in the state and that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity. Existing law includes, among those chemicals identified, any chemical contained in the product for purposes of fragrance or flavoring, and any chemical identified by the phrase “and other ingredients” and determined to be a trade secret, as specified.

end insert
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This bill would require the State Department of Public Health, on or before December 31, 2013, to develop and make operational a consumer-friendly, public Internet Web site that creates a database of cosmetic product information collected pursuant to those provisions. The bill would require that the database be searchable to accommodate a wide range of users, including users with limited technical and scientific literacy. The bill would require the Internet Web site to include hypertext links to other educational and informational Internet Web sites to enhance consumer understanding.

end insert
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(18) Existing law establishes the Access for Infants and Mothers (AIM) Program, administered by the Managed Risk Medical Insurance Board. The board contracts with a variety of health plans and health care delivery systems to provide health insurance coverage to eligible persons who pay a subscriber contribution. An “AIM-linked infant” is defined as any infant born to a woman enrolled in AIM after June 30, 2004, and is eligible for health care coverage under the Healthy Families Program. Existing law establishes the Healthy Families Program administered by the board, and provides that eligible subscribers, except certain AIM-linked infants, be transitioned to the Medi-Cal program, no sooner than January 1, 2013.

end insert
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This bill would terminate eligibility for coverage under the Healthy Families Program for AIM-linked infants, and the board would be required to cease providing health care coverage for those infants on October 1, 2013, or when the State Department of Health Care Services has implemented specified provisions, whichever occurs later. The bill would require the board to coordinate with the State Department of Health Care Services to implement the AIM-Linked Infants Program, which would be created by the bill, including transition of AIM-linked infants to the program. The bill would require the State Department of Health Care Services to administer the AIM-Linked Infants Program, as provided, to address the health care needs of children formerly covered under the Healthy Families Program. The bill would condition the implementation of these provisions on the receipt of federal approvals and the availability of federal financial participation. The bill would also make related and conforming changes.

end insert
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This bill would also revise the eligibility criteria for the AIM Program by requiring that income be determined, counted, and valued as required under a specified provision of federal law.

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(19) Existing law establishes the California Major Risk Medical Insurance Program, which is administered by the Managed Risk Medical Insurance Board, to provide major risk medical coverage to persons who, among other things, have been rejected for coverage by at least one private health plan. Existing law requires the board to establish program contribution amounts for each category of risk for each participating health plan and requires that these amounts be based on the average amount of subsidy funds required for the program as a whole, to be determined in a specified manner. Existing law, for the period commencing January 1, 2013, to December 31, 2013, inclusive, additionally authorizes the program to further subsidize subscriber contributions based on a specified percentage of the standard average individual risk rate for comparable coverage, as specified. Existing law requires the program to pay program contribution amounts to participating health plans from the Major Risk Medical Insurance Fund, a continuously appropriated fund.

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This bill would delete the termination date for further subsidization of subscriber contributions. By extending the duration of these subsidies made from a continuously appropriated fund, the bill would make an appropriation.

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(20) Existing law requires the Managed Risk Medical Insurance Board to manage a temporary high risk pool to provide health coverage, until January 1, 2014, to specified individuals who have preexisting conditions, consistent with the federal Patient Protection and Affordable Care Act.

end insert
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This bill would change the termination date to July 1, 2013, except as required by the contract between the board and the United States Department of Health and Human Services, and would no longer require the board to conduct transition activities, as prescribed.

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(21) Existing law establishes the California Health Benefit Exchange (Exchange) within state government, specifies the powers and duties of the executive board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law requires the board to undertake outreach and enrollment activities that seek to assist enrollees and potential enrollees with enrolling in the Exchange, and requires the board to inform individuals of eligibility requirements for the Medi-Cal program, the Healthy Families Program, or any applicable state or local public program and, if, through screening of the application by the Exchange, the Exchange determines that an individual is eligible for of those programs, to enroll that individual in the program.

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This bill would require the State Department of Health Care Services to accept contributions by private foundations in the amount of at least $14,000,000 for purposes of making payments to entities and persons for Medi-Cal in-person enrollment assistance, as specified, and in the amount of at least $12,500,000 to provide allocations for the management and funding of Medi-Cal outreach and enrollment plans, as specified. The bill would require the State Department of Health Care Services to immediately seek an equal amount of federal matching funds. The bill would also provide for the payment of those enrollment assistance payments, as specified.

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(22) Existing law requires the State Department of Health Care Services to seek a demonstration project or federal waiver of Medicaid law to implement specified objectives, which may include better care coordination for seniors, persons with disabilities, and children with special health care needs.

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This bill would require the department, commencing no later than August 1, 2013, to convene a series of stakeholder meetings to receive input from clients, family members, providers, counties, and representatives of the Legislature concerning the development of the Behavioral Health Services Plan as required by the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration.

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(23) Existing law provides specified health care coverage to individuals under the AIDS Drug Assistance Program (ADAP) and under federal Ryan White Act funded programs, which are administered by the State Department of Public Health.

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This bill would require the State Department of Public Health to report to the Joint Legislative Budget Committee by October 1, 2013, on whether any of the projections or assumptions used to develop the ADAP estimated budget in the Budget Act of 2013 may result in an inability of ADAP to provide services to ADAP eligible clients. If the State Department of Public Health determines, before October 1, 2013, that ADAP is unable to provide services to ADAP eligible clients, the bill would require the department to notify the committee with 15 calendar days of making that determination.

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(24) Existing law establishes the Infant Botulism Treatment and Prevention Program and requires the State Department of Public Health to administer this program.

end insert
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This bill would require the State Department of Public Health, by October 1, 2013, to submit to the fiscal and appropriate policy committees of the Legislature a report describing how it plans to address the findings and recommendations described in a report relating to this program.

end insert
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(25) This bill would reappropriate the balance of specified funds appropriated in the Budget Act of 2012 to the Department of Managed Health Care until June 30, 2014, to be used as specified, thereby making an appropriation.

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(26) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P11   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 680 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

680.  

(a) Except as otherwise provided in this section, a health
4care practitioner shall disclose, while working, his or her name
5and practitioner’s license status, as granted by this state, on a name
6tag in at least 18-point type. A health care practitioner in a practice
7or an office, whose license is prominently displayed, may opt to
8not wear a name tag. If a health care practitioner or a licensed
9clinical social worker is working in a psychiatric setting or in a
10setting that is not licensed by the state, the employing entity or
11agency shall have the discretion to make an exception from the
12name tag requirement for individual safety or therapeutic concerns.
13In the interest of public safety and consumer awareness, it shall
14be unlawful for any person to use the title “nurse” in reference to
15himself or herself and in any capacity, except for an individual
16who is a registered nurse or a licensed vocational nurse, or as
17otherwise provided in Section 2800. Nothing in this section shall
18prohibit a certified nurse assistant from using his or her title.

19(b) Facilities licensed by the State Department of Social Services
20begin delete orend deletebegin insert,end insert the State Department of Public Healthbegin insert, or the State Department
21of Health Care Servicesend insert
shall develop and implement policies to
22ensure that health care practitioners providing care in those
23facilities are in compliance with subdivision (a). The State
24Department of Social Servicesbegin delete andend deletebegin insert,end insert the State Department of Public
25Healthbegin insert, and the State Department of Health Care Servicesend insert shall
26verify through periodic inspections that the policies required
27pursuant to subdivision (a) have been developed and implemented
28by the respective licensed facilities.

29(c) For purposes of this article, “health care practitioner” means
30any person who engages in acts that are the subject of licensure
P12   1or regulation under this division or under any initiative act referred
2to in this division.

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6254 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert

5

6254.  

Except as provided in Sections 6254.7 and 6254.13,
6nothing in this chapter shall be construed to require disclosure of
7records that are any of the following:

8(a) Preliminary drafts, notes, or interagency or intra-agency
9memoranda that are not retained by the public agency in the
10ordinary course of business, if the public interest in withholding
11those records clearly outweighs the public interest in disclosure.

12(b) Records pertaining to pending litigation to which the public
13agency is a party, or to claims made pursuant to Division 3.6
14(commencing with Section 810), until the pending litigation or
15claim has been finally adjudicated or otherwise settled.

16(c) Personnel, medical, or similar files, the disclosure of which
17would constitute an unwarranted invasion of personal privacy.

18(d) Contained in or related to any of the following:

19(1) Applications filed with any state agency responsible for the
20regulation or supervision of the issuance of securities or of financial
21institutions, including, but not limited to, banks, savings and loan
22associations, industrial loan companies, credit unions, and
23insurance companies.

24(2) Examination, operating, or condition reports prepared by,
25on behalf of, or for the use of, any state agency referred to in
26paragraph (1).

27(3) Preliminary drafts, notes, or interagency or intra-agency
28communications prepared by, on behalf of, or for the use of, any
29state agency referred to in paragraph (1).

30(4) Information received in confidence by any state agency
31referred to in paragraph (1).

32(e) Geological and geophysical data, plant production data, and
33similar information relating to utility systems development, or
34market or crop reports, that are obtained in confidence from any
35person.

36(f) Records of complaints to, or investigations conducted by,
37or records of intelligence information or security procedures of,
38the office of the Attorney General and the Department of Justice,
39the California Emergency Management Agency, and any state or
40local police agency, or any investigatory or security files compiled
P13   1by any other state or local police agency, or any investigatory or
2security files compiled by any other state or local agency for
3correctional, law enforcement, or licensing purposes. However,
4state and local law enforcement agencies shall disclose the names
5and addresses of persons involved in, or witnesses other than
6confidential informants to, the incident, the description of any
7property involved, the date, time, and location of the incident, all
8diagrams, statements of the parties involved in the incident, the
9statements of all witnesses, other than confidential informants, to
10the victims of an incident, or an authorized representative thereof,
11an insurance carrier against which a claim has been or might be
12made, and any person suffering bodily injury or property damage
13or loss, as the result of the incident caused by arson, burglary, fire,
14explosion, larceny, robbery, carjacking, vandalism, vehicle theft,
15or a crime as defined by subdivision (b) of Section 13951, unless
16the disclosure would endanger the safety of a witness or other
17person involved in the investigation, or unless disclosure would
18endanger the successful completion of the investigation or a related
19investigation. However, nothing in this division shall require the
20disclosure of that portion of those investigative files that reflects
21the analysis or conclusions of the investigating officer.

22Customer lists provided to a state or local police agency by an
23alarm or security company at the request of the agency shall be
24construed to be records subject to this subdivision.

25Notwithstanding any other provision of this subdivision, state
26and local law enforcement agencies shall make public the following
27information, except to the extent that disclosure of a particular
28item of information would endanger the safety of a person involved
29in an investigation or would endanger the successful completion
30of the investigation or a related investigation:

31(1) The full name and occupation of every individual arrested
32by the agency, the individual’s physical description including date
33of birth, color of eyes and hair, sex, height and weight, the time
34and date of arrest, the time and date of booking, the location of
35the arrest, the factual circumstances surrounding the arrest, the
36amount of bail set, the time and manner of release or the location
37where the individual is currently being held, and all charges the
38individual is being held upon, including any outstanding warrants
39from other jurisdictions and parole or probation holds.

P14   1(2) Subject to the restrictions imposed by Section 841.5 of the
2Penal Code, the time, substance, and location of all complaints or
3requests for assistance received by the agency and the time and
4nature of the response thereto, including, to the extent the
5information regarding crimes alleged or committed or any other
6incident investigated is recorded, the time, date, and location of
7occurrence, the time and date of the report, the name and age of
8the victim, the factual circumstances surrounding the crime or
9incident, and a general description of any injuries, property, or
10weapons involved. The name of a victim of any crime defined by
11Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
12266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
13286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
14Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
15of the November 7, 2006, statewide general election), 288.5, 288.7,
16289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
17be withheld at the victim’s request, or at the request of the victim’s
18parent or guardian if the victim is a minor. When a person is the
19victim of more than one crime, information disclosing that the
20person is a victim of a crime defined in any of the sections of the
21Penal Code set forth in this subdivision may be deleted at the
22request of the victim, or the victim’s parent or guardian if the
23victim is a minor, in making the report of the crime, or of any
24crime or incident accompanying the crime, available to the public
25in compliance with the requirements of this paragraph.

26(3) Subject to the restrictions of Section 841.5 of the Penal Code
27and this subdivision, the current address of every individual
28arrested by the agency and the current address of the victim of a
29crime, where the requester declares under penalty of perjury that
30the request is made for a scholarly, journalistic, political, or
31governmental purpose, or that the request is made for investigation
32purposes by a licensed private investigator as described in Chapter
3311.3 (commencing with Section 7512) of Division 3 of the Business
34and Professions Code. However, the address of the victim of any
35crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
36265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
37273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
38Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
396 of Proposition 83 of the November 7, 2006, statewide general
40election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
P15   1of the Penal Code shall remain confidential. Address information
2obtained pursuant to this paragraph may not be used directly or
3indirectly, or furnished to another, to sell a product or service to
4any individual or group of individuals, and the requester shall
5execute a declaration to that effect under penalty of perjury.
6Nothing in this paragraph shall be construed to prohibit or limit a
7scholarly, journalistic, political, or government use of address
8information obtained pursuant to this paragraph.

9(g) Test questions, scoring keys, and other examination data
10used to administer a licensing examination, examination for
11employment, or academic examination, except as provided for in
12Chapter 3 (commencing with Section 99150) of Part 65 of Division
1314 of Title 3 of the Education Code.

14(h) The contents of real estate appraisals or engineering or
15feasibility estimates and evaluations made for or by the state or
16local agency relative to the acquisition of property, or to
17prospective public supply and construction contracts, until all of
18the property has been acquired or all of the contract agreement
19obtained. However, the law of eminent domain shall not be affected
20by this provision.

21(i) Information required from any taxpayer in connection with
22the collection of local taxes that is received in confidence and the
23disclosure of the information to other persons would result in unfair
24competitive disadvantage to the person supplying the information.

25(j) Library circulation records kept for the purpose of identifying
26the borrower of items available in libraries, and library and museum
27materials made or acquired and presented solely for reference or
28 exhibition purposes. The exemption in this subdivision shall not
29apply to records of fines imposed on the borrowers.

30(k) Records, the disclosure of which is exempted or prohibited
31pursuant to federal or state law, including, but not limited to,
32provisions of the Evidence Code relating to privilege.

33(l) Correspondence of and to the Governor or employees of the
34Governor’s office or in the custody of or maintained by the
35Governor’s Legal Affairs Secretary. However, public records shall
36not be transferred to the custody of the Governor’s Legal Affairs
37Secretary to evade the disclosure provisions of this chapter.

38(m) In the custody of or maintained by the Legislative Counsel,
39except those records in the public database maintained by the
40Legislative Counsel that are described in Section 10248.

P16   1(n) Statements of personal worth or personal financial data
2required by a licensing agency and filed by an applicant with the
3licensing agency to establish his or her personal qualification for
4the license, certificate, or permit applied for.

5(o) Financial data contained in applications for financing under
6Division 27 (commencing with Section 44500) of the Health and
7Safety Code, where an authorized officer of the California Pollution
8Control Financing Authority determines that disclosure of the
9financial data would be competitively injurious to the applicant
10and the data is required in order to obtain guarantees from the
11United States Small Business Administration. The California
12Pollution Control Financing Authority shall adopt rules for review
13of individual requests for confidentiality under this section and for
14making available to the public those portions of an application that
15 are subject to disclosure under this chapter.

16(p) Records of state agencies related to activities governed by
17Chapter 10.3 (commencing with Section 3512), Chapter 10.5
18(commencing with Section 3525), and Chapter 12 (commencing
19with Section 3560) of Division 4, that reveal a state agency’s
20deliberative processes, impressions, evaluations, opinions,
21recommendations, meeting minutes, research, work products,
22theories, or strategy, or that provide instruction, advice, or training
23to employees who do not have full collective bargaining and
24representation rights under these chapters. Nothing in this
25subdivision shall be construed to limit the disclosure duties of a
26state agency with respect to any other records relating to the
27activities governed by the employee relations acts referred to in
28this subdivision.

29(q) (1) Records of state agencies related to activities governed
30by Article 2.6 (commencing with Section 14081), Article 2.8
31(commencing with Section 14087.5), and Article 2.91
32(commencing with Section 14089) of Chapter 7 of Part 3 of
33Division 9 of the Welfare and Institutions Code, that reveal the
34special negotiator’s deliberative processes, discussions,
35communications, or any other portion of the negotiations with
36providers of health care services, impressions, opinions,
37recommendations, meeting minutes, research, work product,
38theories, or strategy, or that provide instruction, advice, or training
39to employees.

P17   1(2) Except for the portion of a contract containing the rates of
2payment, contracts for inpatient services entered into pursuant to
3these articles, on or after April 1, 1984, shall be open to inspection
4one year after they are fully executed. If a contract for inpatient
5services that is entered into prior to April 1, 1984, is amended on
6or after April 1, 1984, the amendment, except for any portion
7containing the rates of payment, shall be open to inspection one
8year after it is fully executed. If the California Medical Assistance
9Commission enters into contracts with health care providers for
10other than inpatient hospital services, those contracts shall be open
11to inspection one year after they are fully executed.

12(3) Three years after a contract or amendment is open to
13inspection under this subdivision, the portion of the contract or
14amendment containing the rates of payment shall be open to
15inspection.

16(4) Notwithstanding any other provision of law, the entire
17contract or amendment shall be open to inspection by the Joint
18Legislative Audit Committee and the Legislative Analyst’s Office.
19The committee and that office shall maintain the confidentiality
20of the contracts and amendments until the time a contract or
21amendment is fully open to inspection by the public.

22(r) Records of Native American graves, cemeteries, and sacred
23places and records of Native American places, features, and objects
24described in Sections 5097.9 and 5097.993 of the Public Resources
25Code maintained by, or in the possession of, the Native American
26Heritage Commission, another state agency, or a local agency.

27(s) A final accreditation report of the Joint Commission on
28Accreditation of Hospitals that has been transmitted to the State
29Department of Health Care Services pursuant to subdivision (b)
30of Section 1282 of the Health and Safety Code.

31(t) Records of a local hospital district, formed pursuant to
32Division 23 (commencing with Section 32000) of the Health and
33Safety Code, or the records of a municipal hospital, formed
34pursuant to Article 7 (commencing with Section 37600) or Article
358 (commencing with Section 37650) of Chapter 5 of Part 2 of
36Division 3 of Title 4 of this code, that relate to any contract with
37an insurer or nonprofit hospital service plan for inpatient or
38outpatient services for alternative rates pursuant to Section 10133
39of the Insurance Code. However, the record shall be open to
40inspection within one year after the contract is fully executed.

P18   1(u) (1) Information contained in applications for licenses to
2carry firearms issued pursuant to Section 26150, 26155, 26170,
3or 26215 of the Penal Code by the sheriff of a county or the chief
4or other head of a municipal police department that indicates when
5or where the applicant is vulnerable to attack or that concerns the
6applicant’s medical or psychological history or that of members
7of his or her family.

8(2) The home address and telephone number of prosecutors,
9public defenders, peace officers, judges, court commissioners, and
10magistrates that are set forth in applications for licenses to carry
11firearms issued pursuant to Section 26150, 26155, 26170, or 26215
12of the Penal Code by the sheriff of a county or the chief or other
13head of a municipal police department.

14(3) The home address and telephone number of prosecutors,
15public defenders, peace officers, judges, court commissioners, and
16magistrates that are set forth in licenses to carry firearms issued
17pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
18Code by the sheriff of a county or the chief or other head of a
19municipal police department.

20(v) (1) Records of the Managed Risk Medical Insurance Board
21begin insert and the State Department of Health Care Servicesend insert related to
22activities governed by Part 6.3 (commencing with Section 12695),
23Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
24with Section 12739.5), and Part 6.7 (commencing with Section
2512739.70) of Division 2 of the Insurance Code,begin insert and Chapter 2
26(commencing with Section 15850) of Part 3.3 of Division 9 of the
27Welfare and Institutions Code,end insert
and that reveal any of the following:

28(A) The deliberative processes, discussions, communications,
29or any other portion of the negotiations with entities contracting
30or seeking to contract with the boardbegin insert or the departmentend insert, entities
31with which the boardbegin insert or the departmentend insert is considering a contract,
32 or entities with which the board is considering or enters into any
33other arrangement under which the boardbegin insert or the departmentend insert
34 provides, receives, or arranges services or reimbursement.

35(B) The impressions, opinions, recommendations, meeting
36minutes, research, work product, theories, or strategy of the board
37or its staffbegin insert or the department or its staffend insert, or records that provide
38instructions, advice, or training tobegin insert theirend insert employees.

39(2) (A) Except for the portion of a contract that contains the
40rates of payment, contracts entered into pursuant to Part 6.3
P19   1(commencing with Section 12695), Part 6.5 (commencing with
2Section 12700), Part 6.6 (commencing with Section 12739.5), or
3Part 6.7 (commencing with Section 12739.70) of Division 2 of the
4Insurance Code,begin insert or Chapter 2.2 (commencing with Section 15850)
5of Part 3.3 of Division 9 of the Welfare and Institutions Code,end insert
on
6or after July 1, 1991, shall be open to inspection one year after
7their effective dates.

8(B) If a contract that is entered into prior to July 1, 1991, is
9amended on or after July 1, 1991, the amendment, except for any
10portion containing the rates of payment, shall be open to inspection
11one year after the effective date of the amendment.

12(3) Three years after a contract or amendment is open to
13inspection pursuant to this subdivision, the portion of the contract
14or amendment containing the rates of payment shall be open to
15inspection.

16(4) Notwithstanding any other law, the entire contract or
17amendments to a contract shall be open to inspection by the Joint
18Legislative Audit Committee. The committee shall maintain the
19confidentiality of the contracts and amendments thereto, until the
20contracts or amendments to the contracts are open to inspection
21pursuant to paragraph (3).

22(w) (1) Records of the Managed Risk Medical Insurance Board
23related to activities governed by Chapter 8 (commencing with
24Section 10700) of Part 2 of Division 2 of the Insurance Code, and
25that reveal the deliberative processes, discussions, communications,
26or any other portion of the negotiations with health plans, or the
27impressions, opinions, recommendations, meeting minutes,
28research, work product, theories, or strategy of the board or its
29staff, or records that provide instructions, advice, or training to
30employees.

31(2) Except for the portion of a contract that contains the rates
32of payment, contracts for health coverage entered into pursuant to
33Chapter 8 (commencing with Section 10700) of Part 2 of Division
342 of the Insurance Code, on or after January 1, 1993, shall be open
35to inspection one year after they have been fully executed.

36(3) Notwithstanding any other law, the entire contract or
37amendments to a contract shall be open to inspection by the Joint
38Legislative Audit Committee. The committee shall maintain the
39confidentiality of the contracts and amendments thereto, until the
P20   1contracts or amendments to the contracts are open to inspection
2pursuant to paragraph (2).

3(x) Financial data contained in applications for registration, or
4 registration renewal, as a service contractor filed with the Director
5of Consumer Affairs pursuant to Chapter 20 (commencing with
6Section 9800) of Division 3 of the Business and Professions Code,
7for the purpose of establishing the service contractor’s net worth,
8or financial data regarding the funded accounts held in escrow for
9service contracts held in force in this state by a service contractor.

10(y) (1) Records of the Managed Risk Medical Insurance Board
11related to activities governed by Part 6.2 (commencing with Section
1212693) or Part 6.4 (commencing with Section 12699.50) of
13Division 2 of the Insurance Code, and that reveal any of the
14following:

15(A) The deliberative processes, discussions, communications,
16or any other portion of the negotiations with entities contracting
17or seeking to contract with the board, entities with which the board
18is considering a contract, or entities with which the board is
19considering or enters into any other arrangement under which the
20board provides, receives, or arranges services or reimbursement.

21(B) The impressions, opinions, recommendations, meeting
22minutes, research, work product, theories, or strategy of the board
23or its staff, or records that provide instructions, advice, or training
24to employees.

25(2) (A) Except for the portion of a contract that contains the
26rates of payment, contracts entered into pursuant to Part 6.2
27(commencing with Section 12693) or Part 6.4 (commencing with
28Section 12699.50) of Division 2 of the Insurance Code, on or after
29January 1, 1998, shall be open to inspection one year after their
30effective dates.

31(B) If a contract entered into pursuant to Part 6.2 (commencing
32with Section 12693) or Part 6.4 (commencing with Section
3312699.50) of Division 2 of the Insurance Code is amended, the
34amendment shall be open to inspection one year after the effective
35date of the amendment.

36(3) Three years after a contract or amendment is open to
37inspection pursuant to this subdivision, the portion of the contract
38or amendment containing the rates of payment shall be open to
39inspection.

P21   1(4) Notwithstanding any other law, the entire contract or
2amendments to a contract shall be open to inspection by the Joint
3Legislative Audit Committee. The committee shall maintain the
4confidentiality of the contracts and amendments thereto until the
5contract or amendments to a contract are open to inspection
6pursuant to paragraph (2) or (3).

7(5) The exemption from disclosure provided pursuant to this
8subdivision for the contracts, deliberative processes, discussions,
9communications, negotiations, impressions, opinions,
10recommendations, meeting minutes, research, work product,
11theories, or strategy of the board or its staff shall also apply to the
12contracts, deliberative processes, discussions, communications,
13negotiations, impressions, opinions, recommendations, meeting
14minutes, research, work product, theories, or strategy of applicants
15pursuant to Part 6.4 (commencing with Section 12699.50) of
16Division 2 of the Insurance Code.

17(z) Records obtained pursuant to paragraph (2) of subdivision
18(f) of Section 2891.1 of the Public Utilities Code.

19(aa) A document prepared by or for a state or local agency that
20assesses its vulnerability to terrorist attack or other criminal acts
21intended to disrupt the public agency’s operations and that is for
22distribution or consideration in a closed session.

23(ab) Critical infrastructure information, as defined in Section
24131(3) of Title 6 of the United States Code, that is voluntarily
25submitted to the California Emergency Management Agency for
26use by that office, including the identity of the person who or entity
27that voluntarily submitted the information. As used in this
28subdivision, “voluntarily submitted” means submitted in the
29absence of the office exercising any legal authority to compel
30access to or submission of critical infrastructure information. This
31subdivision shall not affect the status of information in the
32possession of any other state or local governmental agency.

33(ac) All information provided to the Secretary of State by a
34person for the purpose of registration in the Advance Health Care
35Directive Registry, except that those records shall be released at
36the request of a health care provider, a public guardian, or the
37 registrant’s legal representative.

38(ad) The following records of the State Compensation Insurance
39Fund:

P22   1(1) Records related to claims pursuant to Chapter 1
2(commencing with Section 3200) of Division 4 of the Labor Code,
3to the extent that confidential medical information or other
4individually identifiable information would be disclosed.

5(2) Records related to the discussions, communications, or any
6other portion of the negotiations with entities contracting or seeking
7to contract with the fund, and any related deliberations.

8(3) Records related to the impressions, opinions,
9recommendations, meeting minutes of meetings or sessions that
10are lawfully closed to the public, research, work product, theories,
11or strategy of the fund or its staff, on the development of rates,
12contracting strategy, underwriting, or competitive strategy pursuant
13to the powers granted to the fund in Chapter 4 (commencing with
14Section 11770) of Part 3 of Division 2 of the Insurance Code.

15(4) Records obtained to provide workers’ compensation
16insurance under Chapter 4 (commencing with Section 11770) of
17Part 3 of Division 2 of the Insurance Code, including, but not
18limited to, any medical claims information, policyholder
19information provided that nothing in this paragraph shall be
20interpreted to prevent an insurance agent or broker from obtaining
21proprietary information or other information authorized by law to
22be obtained by the agent or broker, and information on rates,
23pricing, and claims handling received from brokers.

24(5) (A) Records that are trade secrets pursuant to Section
256276.44, or Article 11 (commencing with Section 1060) of Chapter
264 of Division 8 of the Evidence Code, including without limitation,
27instructions, advice, or training provided by the State Compensation
28Insurance Fund to its board members, officers, and employees
29regarding the fund’s special investigation unit, internal audit unit,
30and informational security, marketing, rating, pricing, underwriting,
31claims handling, audits, and collections.

32(B) Notwithstanding subparagraph (A), the portions of records
33containing trade secrets shall be available for review by the Joint
34Legislative Audit Committee, the Bureau of State Audits, Division
35of Workers’ Compensation, and the Department of Insurance to
36ensure compliance with applicable law.

37(6) (A) Internal audits containing proprietary information and
38the following records that are related to an internal audit:

39(i) Personal papers and correspondence of any person providing
40assistance to the fund when that person has requested in writing
P23   1that his or her papers and correspondence be kept private and
2confidential. Those papers and correspondence shall become public
3records if the written request is withdrawn, or upon order of the
4fund.

5(ii) Papers, correspondence, memoranda, or any substantive
6information pertaining to any audit not completed or an internal
7audit that contains proprietary information.

8(B) Notwithstanding subparagraph (A), the portions of records
9containing proprietary information, or any information specified
10in subparagraph (A) shall be available for review by the Joint
11Legislative Audit Committee, the Bureau of State Audits, Division
12of Workers’ Compensation, and the Department of Insurance to
13ensure compliance with applicable law.

14(7) (A) Except as provided in subparagraph (C), contracts
15entered into pursuant to Chapter 4 (commencing with Section
1611770) of Part 3 of Division 2 of the Insurance Code shall be open
17to inspection one year after the contract has been fully executed.

18(B) If a contract entered into pursuant to Chapter 4 (commencing
19with Section 11770) of Part 3 of Division 2 of the Insurance Code
20is amended, the amendment shall be open to inspection one year
21after the amendment has been fully executed.

22(C) Three years after a contract or amendment is open to
23inspection pursuant to this subdivision, the portion of the contract
24or amendment containing the rates of payment shall be open to
25inspection.

26(D) Notwithstanding any other law, the entire contract or
27amendments to a contract shall be open to inspection by the Joint
28Legislative Audit Committee. The committee shall maintain the
29confidentiality of the contracts and amendments thereto until the
30contract or amendments to a contract are open to inspection
31pursuant to this paragraph.

32(E) This paragraph is not intended to apply to documents related
33to contracts with public entities that are not otherwise expressly
34confidential as to that public entity.

35(F) For purposes of this paragraph, “fully executed” means the
36point in time when all of the necessary parties to the contract have
37signed the contract.

38This section shall not prevent any agency from opening its
39records concerning the administration of the agency to public
40inspection, unless disclosure is otherwise prohibited by law.

P24   1This section shall not prevent any health facility from disclosing
2to a certified bargaining agent relevant financing information
3pursuant to Section 8 of the National Labor Relations Act (29
4U.S.C. Sec. 158).

5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 26605.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

26605.6.  

(a) The sheriff, or his or her designee, has the
8authority, after conferring with a physician who has oversight for
9providing medical care at a county jail, or that physician’s designee,
10to release from a county correctional facility, a prisoner sentenced
11to a county jail if the sheriff determines that the prisoner would
12not reasonably pose a threat to public safety and the prisoner, upon
13diagnosis by the examining physician, is deemed to have a life
14expectancy of six months or less.

15(b) Before the release of any prisoner pursuant to this section,
16the sheriff shall notify the presiding judge of the superior court of
17his or her intention to release the prisoner. This notification shall
18include:

19(1) The prisoner’s name.

20(2) The offense or offenses for which the prisoner was
21incarcerated, if applicable, and the pending charges, if applicable.

22(3) The date of sentence, if applicable.

23(4) The physician’s diagnosis of the prisoner’s condition.

24(5) The physician’s prognosis for the prisoner’s recovery.

25(6) The prisoner’s address after release.

begin insert

26(c) (1) This section shall be implemented only to the extent that
27a county that releases a prisoner pursuant to this section does both
28of the following:

end insert
begin insert

29(A) Sends a letter to the State Department of Health Care
30Services agreeing to do both of the following:

end insert
begin insert

31(i) Notify the State Department of Health Care Services, in
32writing, when a prisoner released pursuant to this section has
33applied for Medi-Cal.

end insert
begin insert

34(ii) Notify the State Department of Health Care Services, in
35writing, if a prisoner released pursuant to this section, who is
36Medi-Cal eligible, is returned to the custody of the sheriff.

end insert
begin insert

37(B) For the period of time that the offender would otherwise
38have been incarcerated:

end insert
begin insert

39(i) Reimburses the State Department of Health Care Services
40for the nonfederal share of the Medi-Cal costs and any medical
P25   1costs paid by the State Department of Health Care Services that
2are not reimbursable pursuant to Title XIX or XXI of the federal
3Social Security Act, for an offender released pursuant to this
4section.

end insert
begin insert

5(ii) Provides to the State Department of Health Care Services
6the nonfederal share of the state’s administrative costs associated
7with this section.

end insert
begin insert

8(2) It is the intent of the Legislature that the implementation of
9this section shall not result in increased costs to the General Fund.

end insert
begin insert

10(3) Participation in the program under this section is voluntary
11for purposes of all applicable federal law. This section shall be
12implemented only to the extent that federal financial participation
13for the Medi-Cal program is not jeopardized.

end insert
begin delete

14(c)

end delete

15begin insert(d)end insert Before a prisoner’s compassionate release from a county
16jail pursuant to this section, the sheriff, or his or her designee, shall
17secure a placement option for the prisoner in the community and,
18in consultation with the county welfare department or another
19applicable county agency, examine the prisoner’s eligibility for
20federal Medicaid benefits or other medical coverage that might
21assist in funding the prisoner’s medical treatment while in the
22community.

begin delete

23(d)

end delete

24begin insert(e)end insert (1) For any prisoner released pursuant to this section who
25is eligible for Medi-Cal, the county shall continue to pay the
26nonfederal share of the prisoner’s Medi-Cal costs for the period
27of time that the offender would have otherwise been incarcerated.

28(2) For any prisoner granted compassionate release pursuant to
29this section who is ineligible for Medi-Cal, the county shall
30consider whether the prisoner has private medical insurance or
31sufficient income or assets to provide for his or her own medical
32care. If the county determines that the prisoner can provide for his
33or her own medical care, the county shall not be required to provide
34the prisoner with medical care.

begin delete

35(e)

end delete

36begin insert(f)end insert This section shall not be construed as authorizing the sheriff
37to refuse to receive and incarcerate a defendant or sentenced
38individual who is not in need of immediate medical care or who
39has a terminal medical condition.

begin insert

P26   1(g) Notwithstanding any other law, the State Department of
2Health Care Services may exempt individuals released pursuant
3to this section from mandatory enrollment in managed health care,
4including county-organized health plans and, as deemed necessary
5by the State Department of Health Care Services, may determine
6the proper prior authorization process for individuals who have
7been released pursuant to this section.

end insert
begin insert

8(h) Notwithstanding Chapter 3.5 (commencing with Section
911340) of Part 1 of Division 3 of Title 2, the State Department of
10Health Care Services, without taking any further regulatory action,
11shall implement, interpret, and make specific this section by means
12of provider bulletins, all-county letters, manuals, or similar
13instructions until the time that regulations are adopted. Thereafter,
14the department shall adopt regulations in accordance with Chapter
153.5 (commencing with Section 11340) of Part 1 of Division 3 of
16Title 2. Six months after the effective date of the act that added
17this subdivision, the department shall provide a status update to
18the Legislature on its efforts to adopt the regulations. Thereafter,
19notwithstanding Section 10231.5, the department shall report on
20the status of this effort to the Legislature on an annual basis, until
21the regulations have been adopted.

end insert
22begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 26605.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert

24

26605.7.  

(a) The sheriff, or his or her designee, after conferring
25with the physician who has oversight for providing medical care,
26or the physician’s designee, may request the court to grant medical
27probation or to resentence a prisoner to medical probation in lieu
28of jail time for any prisoner sentenced to a county jail under either
29of the following circumstances:

30(1) The prisoner is physically incapacitated with a medical
31condition that renders the prisoner permanently unable to perform
32activities of basic daily living, which has resulted in the prisoner
33requiring 24-hour care, if that incapacitation did not exist at the
34time of sentencing.

35(2) The prisoner would require acute long-term inpatient
36 rehabilitation services.

37(b) Before a prisoner’s release to medical probation, the sheriff,
38or his or her designee, shall secure a placement option for the
39prisoner in the community and, in consultation with the county
40welfare department or another applicable county agency, examine
P27   1the prisoner’s eligibility for federal Medicaid benefits or other
2medical coverage that might assist in funding the prisoner’s
3medical treatment while in the community.

4(c) During the time on probation pursuant to this section, the
5probation officer or court may, at any time, request a medical
6reexamination of the probationer by a physician who has oversight
7for providing medical care to prisoners in a county jail, or the
8physician’s designee. If the court determines, based on that medical
9examination, that the probationer’s medical condition has improved
10to the extent that the probationer no longer qualifies for medical
11probation, the court may return the probationer to the custody of
12the sheriff.

13(d) (1) For any probationer granted medical probation pursuant
14to this section who is eligible for Medi-Cal, the county shall
15continue to pay the nonfederal share of the probationer’s Medi-Cal
16costs. After a probationer is released from medical probation, the
17county shall no longer be required to pay the nonfederal share of
18the Medi-Cal costs.

19(2) For any probationer granted medical probation pursuant to
20this section who is ineligible for Medi-Cal, the county shall
21consider whether the probationer has private medical insurance or
22sufficient income or assets to provide for his or her own medical
23care. If the county determines that the probationer can provide for
24his or her own medical care, the county shall not be required to
25provide the probationer with medical care.

begin insert

26(e) (1) This section shall be implemented only to the extent that
27a court sentences a person to medical probation pursuant to this
28section and the sheriff does both of the following:

end insert
begin insert

29(A) Sends a letter to the State Department of Health Care
30Services agreeing to do both of the following:

end insert
begin insert

31(i) Notify the State Department of Health Care Services, in
32writing, when a probationer released pursuant to this section has
33applied for Medi-Cal.

end insert
begin insert

34(ii) Notify the State Department of Health Care Services, in
35writing, if a probationer released pursuant to this section, who is
36Medi-Cal eligible, is returned to the custody of the sheriff. The
37chief probation officer shall notify the State Department of Health
38Care Services, in writing, when a Medi-Cal eligible probationer’s
39term of medical probation ends.

end insert
begin insert

40(B) For the period of time the offender is on medical probation:

end insert
begin insert

P28   1(i) Reimburses the State Department of Health Care Services
2for the nonfederal share of the Medi-Cal costs and any medical
3costs paid by the State Department of Health Care Services that
4are not reimbursable pursuant to Title XIX or XXI of the federal
5Social Security Act, for an offender released pursuant to this
6section.

end insert
begin insert

7(ii) Provides to the State Department of Health Care Services
8the nonfederal share of the state’s administrative costs associated
9with this section.

end insert
begin insert

10(2) It is the intent of the Legislature that the implementation of
11this section shall not result in increased costs to the General Fund.

end insert
begin insert

12(3) Participation in the program under this section is voluntary
13for purposes of all applicable federal law. This section shall be
14implemented only to the extent that federal financial participation
15for the Medi-Cal program is not jeopardized.

end insert
begin insert

16(f) Notwithstanding any other law, the State Department of
17Health Care Services may exempt individuals released pursuant
18to this section from mandatory enrollment in managed health care,
19including county-organized health plans and, as deemed necessary
20by the State Department of Health Care Services, may determine
21the proper prior authorization process for individuals who have
22been released pursuant to this section.

end insert
begin insert

23(g) Notwithstanding Chapter 3.5 (commencing with Section
2411340) of Part 1 of Division 3 of Title 2, the State Department of
25Health Care Services, without taking any further regulatory action,
26may implement, interpret, and make specific this section by means
27of provider bulletins, all-county letters, manuals, or similar
28instructions until the time that regulations are adopted. Thereafter,
29the department shall adopt regulations in accordance with Chapter
303.5 (commencing with Section 11340) of Part 1 of Division 3 of
31Title 2. Six months after the effective date of the act that added
32this subdivision, the department shall provide a status update to
33the Legislature on its efforts to adopt the regulations. Thereafter,
34notwithstanding Section 10231.5, the department shall report on
35the status of this effort to the Legislature on an annual basis, until
36the regulations have been adopted.

end insert
37begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 26605.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert

39

26605.8.  

Before implementing Sections 26605.6 and 26605.7,
40the county board of supervisors shall adopt a process to fund the
P29   1nonfederal share of Medi-Cal costs for the period of time that a
2prisoner would have otherwise been incarcerated or for the period
3of time that a probationer is on medical probation. The county
4board of supervisors shallbegin delete notifyend deletebegin insert provideend insert the State Department of
5Health Care Servicesbegin insert with written notificationend insert of the process.

6begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1180.6 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
7amended to read:end insert

8

1180.6.  

The State Department of Public Health, the State
9Department of State Hospitals, the State Department of Social
10Services,begin delete andend delete the State Department of Developmental Servicesbegin insert,
11and the State Department of Health Care Servicesend insert
shall annually
12provide information to the Legislature, during Senate and Assembly
13budget committee hearings, about the progress made in
14implementing this division. This information shall include the
15progress of implementation and barriers to achieving full
16implementation.

17begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 1250.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

1250.2.  

(a) begin insert(1)end insertbegin insertend insert As defined in Section 1250, “health facility”
20includes a “psychiatric health facility,” defined to mean a health
21facility, licensed by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
22 Services, that provides 24-hour inpatient care for mentally
23disordered, incompetent, or other persons described in Division 5
24(commencing with Section 5000) or Division 6 (commencing with
25Section 6000) of the Welfare and Institutions Code. This care shall
26include, but not be limited to, the following basic services:
27psychiatry, clinical psychology, psychiatric nursing, social work,
28rehabilitation, drug administration, and appropriate food services
29for those persons whose physical health needs can be met in an
30affiliated hospital or in outpatient settings.

begin delete

31It

end delete

32begin insert(2)end insertbegin insertend insertbegin insertIt end insertis the intent of the Legislature that the psychiatric health
33facility shall provide a distinct type of service to psychiatric
34patients in a 24-hour acute inpatient setting. The State Department
35ofbegin delete Socialend deletebegin insert Health Careend insert Services shall require regular utilization
36reviews of admission and discharge criteria and lengths of stay in
37order to assure that these patients are moved to less restrictive
38levels of care as soon as appropriate.

39(b) begin insert(1)end insertbegin insertend insert The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
40may issue a special permit to a psychiatric health facility for it to
P30   1provide structured outpatient services (commonly referred to as
2SOPS) consisting of morning, afternoon, or full daytime organized
3programs, not exceeding 10 hours, for acute daytime care for
4patients admitted to the facility. This subdivision shall not be
5construed as requiring a psychiatric health facility to apply for a
6special permit to provide these alternative levels of care.

begin delete

7The

end delete

8begin insert(2)end insertbegin insertend insertbegin insertThe end insertLegislature recognizes that, with access to structured
9outpatient services, as an alternative to 24-hour inpatient care,
10certain patients would be provided with effective intervention and
11less restrictive levels of care. The Legislature further recognizes
12that, for certain patients, the less restrictive levels of care eliminate
13the need for inpatient care, enable earlier discharge from inpatient
14care by providing a continuum of care with effective aftercare
15services, or reduce or prevent the need for a subsequent readmission
16to inpatient care.

17(c) Any reference in any statute to Section 1250 of the Health
18and Safety Code shall be deemed and construed to also be a
19reference to this section.

20(d) Notwithstanding any other provision of law, and to the extent
21consistent with federal law, a psychiatric health facility shall be
22eligible to participate in the medicare program under Title XVIII
23of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.),
24and the medicaid program under Title XIX of the federal Social
25Security Act (42 U.S.C. Sec. 1396 et seq.), if all of the following
26conditions are met:

27(1) The facility is a licensed facility.

28(2) The facility is in compliance with all related statutes and
29regulations enforced by the State Department ofbegin delete Socialend deletebegin insert Health
30Careend insert
Services, including regulations contained in Chapter 9
31(commencing with Section 77001) of Division 5 of Title 22 of the
32California Code of Regulations.

33(3) The facility meets the definitions and requirements contained
34in subdivisions (e) and (f) of Section 1861 of the federal Social
35 Security Act (42 U.S.C. Sec. 1395x(e) and (f)), including the
36approval process specified in Section 1861(e)(7)(B) of the federal
37Social Security Act (42 U.S.C. Sec. 1395x(e)(7)(B)), which
38requires that the state agency responsible for licensing hospitals
39has assured that the facility meets licensing requirements.

P31   1(4) The facility meets the conditions of participation for hospitals
2pursuant to Part 482 of Title 42 of the Code of Federal Regulations.

3begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1254 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
4to read:end insert

5

1254.  

(a) Except as provided in subdivision (e), the state
6department shall inspect and license health facilities. The state
7department shall license health facilities to provide their respective
8basic services specified in Section 1250. Except as provided in
9Section 1253, the state department shall inspect and approve a
10general acute care hospital to provide special services as specified
11in Section 1255. The state department shall develop and adopt
12regulations to implement the provisions contained in this section.

13(b) Upon approval, the state department shall issue a separate
14license for the provision of the basic services enumerated in
15subdivision (c) or (d) of Section 1250 whenever these basic services
16are to be provided by an acute care hospital, as defined in
17 subdivision (a), (b), or (f) of that section, where the services
18enumerated in subdivision (c) or (d) of Section 1250 are to be
19provided in any separate freestanding facility, whether or not the
20location of the separate freestanding facility is contiguous to the
21acute care hospital. The same requirement shall apply to any new
22freestanding facility constructed for the purpose of providing basic
23services, as defined in subdivision (c) or (d) of Section 1250, by
24any acute care hospital on or after January 1, 1984.

25(c) (1) Those beds licensed to an acute care hospital which,
26prior to January 1, 1984, were separate freestanding beds and were
27not part of the physical structure licensed to provide acute care,
28and which beds were licensed to provide those services enumerated
29in subdivision (c) or (d) of Section 1250, are exempt from the
30requirements of subdivision (b).

31(2) All beds licensed to an acute care hospital and located within
32the physical structure in which acute care is provided are exempt
33from the requirements of subdivision (b) irrespective of the date
34of original licensure of the beds, or the licensed category of the
35beds.

36(3) All beds licensed to an acute care hospital owned and
37operated by the State of California or any other public agency are
38exempt from the requirements of subdivision (b).

39(4) All beds licensed to an acute care hospital in a rural area as
40defined by Chapter 1010, of the Statutes of 1982, are exempt from
P32   1the requirements of subdivision (b), except where there is a
2freestanding skilled nursing facility or intermediate care facility
3which has experienced an occupancy rate of 95 percent or less
4during the past 12 months within a 25-mile radius or which may
5be reached within 30 minutes using a motor vehicle.

6(5) All beds licensed to an acute care hospital which meet the
7criteria for designation within peer group six or eight, as defined
8in the report entitled Hospital Peer Grouping for Efficiency
9Comparison, dated December 20, 1982, and published by the
10California Health Facilities Commission, and all beds in hospitals
11which have fewer than 76 licensed acute care beds and which are
12located in a census designation place of 15,000 or less population,
13are exempt from the requirements of subdivision (b), except where
14there is a free-standing skilled nursing facility or intermediate care
15facility which has experienced an occupancy rate of 95 percent or
16less during the past 12 months within a 25-mile radius or which
17may be reached within 30 minutes using a motor vehicle.

18(6) All beds licensed to an acute care hospital which has had a
19certificate of need approved by a health systems agency on or
20before July 1, 1983, are exempt from the requirements of
21subdivision (b).

22(7) All beds licensed to an acute care hospital are exempt from
23the requirements of subdivision (b), if reimbursement from the
24Medi-Cal program for beds licensed for the provision of services
25enumerated in subdivision (c) or (d) of Section 1250 and not
26otherwise exempt does not exceed the reimbursement which would
27be received if the beds were in a separately licensed facility.

28(d) Except as provided in Section 1253, the state department
29shall inspect and approve a general acute care hospital to provide
30special services as specified in Section 1255. The state department
31shall develop and adopt regulations to implement subdivisions (a)
32to (d), inclusive, of this section.

33(e) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
34inspect and license psychiatric health facilities. The State
35Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall license psychiatric
36health facilities to provide their basic services specified in Section
371250.2. The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
38developbegin delete andend deletebegin insert,end insert adoptbegin insert, or amendend insert regulations to implement this
39subdivision.

P33   1begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1254.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

1254.1.  

(a) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert
4 Services shall license psychiatric health facilities to provide their
5basic services specified in Section 1250.

6(b) Any reference in any statute to Section 1254 shall be deemed
7and construed to also be a reference to this section.

8begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1266.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
9amended to read:end insert

10

1266.1.  

(a) Each new or renewal application for a license for
11a psychiatric health facility shall be accompanied by a fee credited
12to the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services for its
13costs incurred in the review of psychiatric health facility programs,
14in connection with the licensing of these facilities. The amount of
15the fees shall be determined and collected by the State Department
16ofbegin delete Socialend deletebegin insert Health Careend insert Services, but the total amount of the fees
17 collected shall not exceed the actual costs of licensure and review
18of psychiatric health facility programs, including, but not limited
19to, the costs of processing the application, inspection costs, and
20other related costs.

21(b) New or renewal licensure application fees for psychiatric
22health facilities shall be collected by the State Department ofbegin delete Socialend delete
23begin insert Health Careend insert Services.

24(c) The annual fees shall be waived for any psychiatric health
25facility conducted, maintained, or operated by this state or any
26state department, authority, bureau, commission, or officer, or by
27the Regents of the University of California, or by a local hospital
28district, city, county, or city and county.

29(d) If additional private psychiatric health facilities seek new
30licensure on or after January 1, 1991, the State Department of
31begin delete Socialend deletebegin insert Health Careend insert Services may increase the fees for all private
32psychiatric health facilities with more than nine beds sufficient to
33accommodate the increased level of workload and costs.

34(e) (1) Any licensee desiring to obtain a special permit to offer
35and provide structured outpatient services shall file an application
36with the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services.

37(2) The application for a special permit, if any, shall be
38submitted with each new or renewal application for a license for
39a psychiatric health facility, and shall be accompanied by a
40reasonable fee, as determined by the State Department ofbegin delete Socialend delete
P34   1begin insert Health Careend insert Services, not to exceed the actual costs of
2administration related to the special permit. An application for a
3special permit submitted by a psychiatric health facility operated
4by a public entity shall be exempt from the fee required pursuant
5to this section for the issuance of the special permit.

6(3) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
7not issue a special permit unless the applicant furnishes all of the
8following:

9(A) Its annual licensing fee required pursuant to subdivision
10(a).

11(B) A completed application submitted on forms furnished by
12the department.

13(C) A written agreement ensuring that the facility will have
14additional staffing for the services to be provided under the special
15permit, that the additional staffing will meet the same professional
16standards as required by regulation for inpatient services, and that
17a coordinator of these services will be appointed.

18(D) Any other information or documentation as may be required
19by the department for its proper and efficient administration and
20 enforcement of special permit services.

21(4) The provision of structured outpatient services pursuant to
22a special permit may be as an alternative to admission to inpatient
23services, as aftercare services following discharge from inpatient
24care, or as both.

25begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1275.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26amended to read:end insert

27

1275.1.  

(a) Notwithstanding any rules or regulations governing
28other health facilities, the regulations developed by the State
29Department ofbegin delete Socialend deletebegin insert Health Careend insert Servicesbegin insert, or a predecessor,end insert for
30psychiatric health facilities shall prevail. The regulations applying
31to psychiatric health facilities shall prescribe standards of adequacy,
32safety, and sanitation of the physical plant, of staffing with duly
33qualified licensed personnel, and of services based on the needs
34of the persons served thereby.

35(b) The regulations shall include standards appropriate for two
36levels of disorder:

37(1) Involuntary ambulatory psychiatric patients.

38(2) Voluntary ambulatory psychiatric patients.

39For purposes of this subdivision, “ambulatory patients” shall
40include, but not be limited to, deaf, blind, and physically
P35   1handicapped persons. Disoriented persons who are not bedridden
2or confined to a wheelchair shall also be considered as ambulatory
3patients.

4(c) The regulations shall not require, but may permit building
5and services requirements for hospitals which are only applicable
6to physical health care needs of patients that can be met in an
7affiliated hospital or in outpatient settings including, but not limited
8to, such requirements as surgical, dietary, laboratory, laundry,
9central supply, radiologic, and pharmacy.

10(d) The regulations shall include provisions for an “open
11planning” architectural concept.

12(e) The regulations shall exempt from seismic requirements all
13structures of Type V and of one-story construction.

14(f) Standards for involuntary patients shall include provisions
15to allow for restraint and seclusion of patients. These standards
16shall provide for adequate safeguards for patient safety and
17protection of patient rights.

18(g) The regulations shall provide for the retention by the
19psychiatric health facility of a consultant pharmacist, who shall
20supervise and review pharmaceutical services within the facility
21and perform any other services, including prevention of the
22unlawful diversion of controlled substances subject to abuse, as
23thebegin delete state departmentend deletebegin insert State Department of Health Care Servicesend insert
24 may by regulation require. Regulations adopted pursuant to this
25subdivision shall take into consideration the varying bed sizes of
26psychiatric health facilities.

27begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 1275.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28amended to read:end insert

29

1275.5.  

(a) The regulations relating to the licensing of
30hospitals, heretofore adopted by the State Department of Public
31Health pursuant tobegin insert formerend insert Chapter 2 (commencing with Section
321400) of Division 2, and in effect immediately prior to July 1,
331973, shall remain in effect and shall be fully enforceable with
34respect to any hospital required to be licensed by this chapter,
35unless and until the regulations are readopted, amended, or repealed
36by the director.

37(b) The regulations relating to private institutions receiving or
38caring for any mentally disordered persons,begin delete mentally retardedend delete
39begin insert intellectually disabledend insert persons, and other incompetent persons,
40heretofore adopted by the Department of Mental Hygiene pursuant
P36   1to Chapter 1 (commencing with Section 7000) of Division 7 of
2the Welfare and Institutions Code, and in effect immediately prior
3to July 1, 1973, shall remain in effect and shall be fully enforceable
4with respect to any facility, establishment, or institution for the
5reception and care of mentally disordered persons,begin delete mentally
6retardedend delete
begin insert intellectually disabledend insert persons and other incompetent
7persons, required to be licensed by the provisions of this chapter
8unless and until said regulations are readopted, amended, or
9repealed by the director.

10(c) (1) All regulations relating to the licensing of psychiatric
11health facilities heretofore adopted by the State Department of
12Health Services, pursuant to authority now vested in the State
13Department ofbegin delete Mentalend delete Healthbegin insert Care Servicesend insert by Sectionbegin delete 5652.5end delete
14begin insert 4080end insert of the Welfare and Institutions Code, and in effect
15immediately preceding September 20, 1988, shall remain in effect
16and shall be fully enforceable by the State Department ofbegin delete Mentalend delete
17 Healthbegin insert Care Servicesend insert with respect to any facility or program
18required to be licensed as a psychiatric health facility, unless and
19until readopted, amended, or repealed by the Director ofbegin delete Mentalend delete
20 Healthbegin insert Care Servicesend insert.

21(2) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
22succeed to and be vested with all duties, powers, purposes,
23functions, responsibilities, and jurisdictionbegin delete of the State Department
24of Mental Health, described in paragraph (1),end delete
as they relate to
25licensing psychiatric health facilities.

26begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 1324.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert

28

1324.9.  

(a) The Long-Term Care Quality Assurance Fund is
29hereby created in the State Treasury. Moneys in the fund shall be
30available, upon appropriation by the Legislature, for expenditure
31by the State Department of Health Care Services for the purposes
32of this article and Article 7.6 (commencing with Section 1324.20).
33Notwithstanding Section 16305.7 of the Government Code, the
34fund shall contain all interest and dividends earned on moneys in
35the fund.

36(b) Notwithstanding any other law, beginning August 1, 2013,
37all revenues received by the State Department of Health Care
38 Services categorized by the State Department of Health Care
39Services as long-term care quality assurance fees shall be deposited
40into the Long-Term Care Quality Assurance Fund. Revenue that
P37   1shall be deposited into this fund shall include quality assurance
2fees imposed pursuant to this article and quality assurance fees
3imposed pursuant to Article 7.6 (commencing with Section
41324.20).

begin insert

5(c) Notwithstanding any other law, the Controller may use the
6funds in the Long-Term Care Quality Assurance Fund for cashflow
7loans to the General Fund as provided in Sections 16310 and
816381 of the Government Code.

end insert
9begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 1373 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert

11

1373.  

(a) begin insert(1)end insertbegin insertend insert A plan contract may not provide an exception
12for other coverage if the other coverage is entitlement to Medi-Cal
13benefits under Chapter 7 (commencing with Section 14000) or
14Chapter 8 (commencing with Section 14200) of Part 3 of Division
159 of the Welfare and Institutions Code, or Medicaid benefits under
16Subchapter 19 (commencing with Section 1396) of Chapter 7 of
17Title 42 of the United States Code.

begin delete

18Each

end delete

19begin insert(2)end insertbegin insertend insertbegin insertEach end insertplan contract shall be interpreted not to provide an
20exception for the Medi-Cal or Medicaid benefits.

begin delete

21A

end delete

22begin insert(3)end insertbegin insertend insertbegin insertA end insertplan contract shall not provide an exemption for enrollment
23because of an applicant’s entitlement to Medi-Cal benefits under
24Chapter 7 (commencing with Section 14000) or Chapter 8
25(commencing with Section 14200) of Part 3 of Division 9 of the
26Welfare and Institutions Code, or Medicaid benefits under
27Subchapter 19 (commencing with Section 1396) of Chapter 7 of
28Title 42 of the United States Code.

begin delete

29A

end delete

30begin insert(4)end insertbegin insertend insertbegin insertA end insertplan contract may not provide that the benefits payable
31thereunder are subject to reduction if the individual insured has
32entitlement to the Medi-Cal or Medicaid benefits.

33(b) begin insert(1)end insertbegin insertend insert A plan contract that provides coverage, whether by
34specific benefit or by the effect of general wording, for sterilization
35operations or procedures shall not impose any disclaimer,
36restriction on, or limitation of, coverage relative to the covered
37individual’s reason for sterilization.

begin delete

38As

end delete

P38   1begin insert(2)end insertbegin insertend insertbegin insertAs end insertused in this section, “sterilization operations or
2procedures” shall have the same meaning as that specified in
3Section 10120 of the Insurance Code.

4(c) Every plan contract that provides coverage to the spouse or
5dependents of the subscriber or spouse shall grant immediate
6accident and sickness coverage, from and after the moment of
7birth, to each newborn infant of any subscriber or spouse covered
8and to each minor child placed for adoption from and after the date
9on which the adoptive child’s birth parent or other appropriate
10legal authority signs a written document, including, but not limited
11to, a health facility minor release report, a medical authorization
12form, or a relinquishment form, granting the subscriber or spouse
13the right to control health care for the adoptive child or, absent
14this written document, on the date there exists evidence of the
15subscriber’s or spouse’s right to control the health care of the child
16placed for adoption. No plan may be entered into or amended if it
17contains any disclaimer, waiver, or other limitation of coverage
18relative to the coverage or insurability of newborn infants of, or
19children placed for adoption with, a subscriber or spouse covered
20as required by this subdivision.

21(d) (1) Every plan contract that provides that coverage of a
22dependent child of a subscriber shall terminate upon attainment
23of the limiting age for dependent children specified in the plan,
24shall also provide that attainment of the limiting age shall not
25operate to terminate the coverage of the child while the child is
26and continues to meet both of the following criteria:

27(A) Incapable of self-sustaining employment by reason of a
28physically or mentally disabling injury, illness, or condition.

29(B) Chiefly dependent upon the subscriber for support and
30maintenance.

31(2) The plan shall notify the subscriber that the dependent child’s
32coverage will terminate upon attainment of the limiting age unless
33the subscriber submits proof of the criteria described in
34subparagraphs (A) and (B) of paragraph (1) to the plan within 60
35days of the date of receipt of the notification. The plan shall send
36this notification to the subscriber at least 90 days prior to the date
37the child attains the limiting age. Upon receipt of a request by the
38subscriber for continued coverage of the child and proof of the
39criteria described in subparagraphs (A) and (B) of paragraph (1),
40the plan shall determine whether the child meets that criteria before
P39   1the child attains the limiting age. If the plan fails to make the
2determination by that date, it shall continue coverage of the child
3pending its determination.

4(3) The plan may subsequently request information about a
5dependent child whose coverage is continued beyond the limiting
6age under this subdivision but not more frequently than annually
7after the two-year period following the child’s attainment of the
8 limiting age.

9(4) If the subscriber changes carriers to another plan or to a
10health insurer, the new plan or insurer shall continue to provide
11coverage for the dependent child. The new plan or insurer may
12request information about the dependent child initially and not
13more frequently than annually thereafter to determine if the child
14continues to satisfy the criteria in subparagraphs (A) and (B) of
15paragraph (1). The subscriber shall submit the information
16requested by the new plan or insurer within 60 days of receiving
17the request.

18(5) (A) Except as set forth in subparagraph (B), under no
19circumstances shall the limiting age be less than 26 years of age
20with respect to plan years beginning on or after September 23,
212010.

22(B) For plan years beginning before January 1, 2014, a group
23health care service plan contract that qualifies as a grandfathered
24health plan under Section 1251 of the federal Patient Protection
25and Affordable Care Act (Public Law 111-148) and that makes
26available dependent coverage of children may exclude from
27coverage an adult child who has not attained 26 years of age only
28if the adult child is eligible to enroll in an eligible
29employer-sponsored health plan, as defined in Section 5000A(f)(2)
30of the Internal Revenue Code, other than a group health plan of a
31parent.

32(C) (i) With respect to a child (I) whose coverage under a group
33or individual plan contract ended, or who was denied or not eligible
34for coverage under a group or individual plan contract, because
35under the terms of the contract the availability of dependent
36coverage of children ended before the attainment of 26 years of
37age, and (II) who becomes eligible for that coverage by reason of
38the application of this paragraph, the health care service plan shall
39give the child an opportunity to enroll that shall continue for at
40least 30 days. This opportunity and the notice described in clause
P40   1(ii) shall be provided not later than the first day of the first plan
2year beginning on or after September 23, 2010, consistent with
3the federal Patient Protection and Affordable Care Act (Public
4Law 111-148), as amended by the federal Health Care and
5Education Reconciliation Act of 2010 (Public Law 111-152), and
6any additional federal guidance or regulations issued by the United
7States Secretary of Health and Human Services.

8(ii)  The health care service plan shall provide written notice
9stating that a dependent described in clause (i) who has not attained
1026 years of age is eligible to enroll in the plan for coverage. This
11notice may be provided to the dependent’s parent on behalf of the
12dependent. If the notice is included with other enrollment materials
13for a group plan, the notice shall be prominent.

14(iii) In the case of an individual who enrolls under this
15subparagraph, coverage shall take effect no later than the first day
16of the first plan year beginning on or after September 23, 2010.

17(iv) A dependent enrolling in a group health plan for coverage
18pursuant to this subparagraph shall be treated as a special enrollee
19as provided under the rules of Section 146.117(d) of Title 45 of
20the Code of Federal Regulations. The health care service plan shall
21offer the recipient of the notice all of the benefit packages available
22to similarly situated individuals who did not lose coverage by
23reason of cessation of dependent status. Any difference in benefits
24or cost-sharing requirements shall constitute a different benefit
25package. A dependent enrolling in a group health plan for coverage
26pursuant to this subparagraph shall not be required to pay more
27for coverage than similarly situated individuals who did not lose
28coverage by reason of cessation of dependent status.

29(D) Nothing in this section shall require a health care service
30plan to make coverage available for a child of a child receiving
31dependent coverage. Nothing in this section shall be construed to
32modify the definition of “dependent” as used in the Revenue and
33Taxation Code with respect to the tax treatment of the cost of
34coverage.

35(e) A plan contract that provides coverage, whether by specific
36benefit or by the effect of general wording, for both an employee
37and one or more covered persons dependent upon the employee
38and provides for an extension of the coverage for any period
39following a termination of employment of the employee shall also
40provide that this extension of coverage shall apply to dependents
P41   1upon the same terms and conditions precedent as applied to the
2covered employee, for the same period of time, subject to payment
3of premiums, if any, as required by the terms of the policy and
4subject to any applicable collective bargaining agreement.

5(f) A group contract shall not discriminate against handicapped
6persons or against groups containing handicapped persons. Nothing
7in this subdivision shall preclude reasonable provisions in a plan
8contract against liability for services or reimbursement of the
9handicap condition or conditions relating thereto, as may be
10allowed by rules of the director.

11(g) Every group contract shall set forth the terms and conditions
12under which subscribers and enrollees may remain in the plan in
13the event the group ceases to exist, the group contract is terminated,
14or an individual subscriber leaves the group, or the enrollees’
15eligibility status changes.

16(h) (1) A health care service plan or specialized health care
17service plan may provide for coverage of, or for payment for,
18professional mental health services, or vision care services, or for
19the exclusion of these services. If the terms and conditions include
20coverage for services provided in a general acute care hospital or
21an acute psychiatric hospital as defined in Section 1250 and do
22not restrict or modify the choice of providers, the coverage shall
23extend to care provided by a psychiatric health facility as defined
24in Section 1250.2 operating pursuant to licensure by the State
25Department ofbegin delete Socialend deletebegin insert Health Careend insert Services. A health care service
26plan that offers outpatient mental health services but does not cover
27these services in all of its group contracts shall communicate to
28 prospective group contractholders as to the availability of outpatient
29coverage for the treatment of mental or nervous disorders.

30(2) No plan shall prohibit the member from selecting any
31psychologist who is licensed pursuant to the Psychology Licensing
32Law (Chapter 6.6 (commencing with Section 2900) of Division 2
33of the Business and Professions Code), any optometrist who is the
34holder of a certificate issued pursuant to Chapter 7 (commencing
35with Section 3000) of Division 2 of the Business and Professions
36Code or, upon referral by a physician and surgeon licensed pursuant
37to the Medical Practice Act (Chapter 5 (commencing with Section
382000) of Division 2 of the Business and Professions Code), (A)
39any marriage and family therapist who is the holder of a license
40under Section 4980.50 of the Business and Professions Code, (B)
P42   1any licensed clinical social worker who is the holder of a license
2under Section 4996 of the Business and Professions Code, (C) any
3registered nurse licensed pursuant to Chapter 6 (commencing with
4Section 2700) of Division 2 of the Business and Professions Code,
5who possesses a master’s degree in psychiatric-mental health
6nursing and is listed as a psychiatric-mental health nurse by the
7Board of Registered Nursing, (D) any advanced practice registered
8nurse certified as a clinical nurse specialist pursuant to Article 9
9(commencing with Section 2838) of Chapter 6 of Division 2 of
10the Business and Professions Code who participates in expert
11clinical practice in the specialty of psychiatric-mental health
12nursing, to perform the particular services covered under the terms
13of the plan, and the certificate holder is expressly authorized by
14law to perform these services, or (E) any professional clinical
15counselor who is the holder of a license under Chapter 16
16(commencing with Section 4999.10) of Division 2 of the Business
17and Professions Code.

18(3) Nothing in this section shall be construed to allow any
19certificate holder or licensee enumerated in this section to perform
20professional mental health services beyond his or her field or fields
21of competence as established by his or her education, training, and
22experience.

23(4) For the purposes of this section:

24(A) “Marriage and family therapist” means a licensed marriage
25and family therapist who has received specific instruction in
26assessment, diagnosis, prognosis, and counseling, and
27psychotherapeutic treatment of premarital, marriage, family, and
28child relationship dysfunctions, which is equivalent to the
29instruction required for licensure on January 1, 1981.

30(B) “Professional clinical counselor” means a licensed
31professional clinical counselor who has received specific
32instruction in assessment, diagnosis, prognosis, counseling, and
33 psychotherapeutic treatment of mental and emotional disorders,
34which is equivalent to the instruction required for licensure on
35January 1, 2012.

36(5) Nothing in this section shall be construed to allow a member
37to select and obtain mental health or psychological or vision care
38services from a certificate holder or licenseholder who is not
39directly affiliated with or under contract to the health care service
40plan or specialized health care service plan to which the member
P43   1belongs. All health care service plans and individual practice
2associations that offer mental health benefits shall make reasonable
3efforts to make available to their members the services of licensed
4psychologists. However, a failure of a plan or association to comply
5with the requirements of the preceding sentence shall not constitute
6a misdemeanor.

7(6) As used in this subdivision, “individual practice association”
8means an entity as defined in subsection (5) of Section 1307 of
9the federal Public Health Service Act (42 U.S.C. Sec. 300e-1(5)).

10(7) Health care service plan coverage for professional mental
11health services may include community residential treatment
12services that are alternatives to inpatient care and that are directly
13affiliated with the plan or to which enrollees are referred by
14providers affiliated with the plan.

15(i) If the plan utilizes arbitration to settle disputes, the plan
16contracts shall set forth the type of disputes subject to arbitration,
17the process to be utilized, and how it is to be initiated.

18(j) A plan contract that provides benefits that accrue after a
19certain time of confinement in a health care facility shall specify
20what constitutes a day of confinement or the number of consecutive
21 hours of confinement that are requisite to the commencement of
22benefits.

23(k) If a plan provides coverage for a dependent child who is
24over 26 years of age and enrolled as a full-time student at a
25secondary or postsecondary educational institution, the following
26shall apply:

27(1) Any break in the school calendar shall not disqualify the
28dependent child from coverage.

29(2) If the dependent child takes a medical leave of absence, and
30the nature of the dependent child’s injury, illness, or condition
31would render the dependent child incapable of self-sustaining
32employment, the provisions of subdivision (d) shall apply if the
33dependent child is chiefly dependent on the subscriber for support
34and maintenance.

35(3) (A) If the dependent child takes a medical leave of absence
36from school, but the nature of the dependent child’s injury, illness,
37or condition does not meet the requirements of paragraph (2), the
38dependent child’s coverage shall not terminate for a period not to
39exceed 12 months or until the date on which the coverage is
40scheduled to terminate pursuant to the terms and conditions of the
P44   1plan, whichever comes first. The period of coverage under this
2paragraph shall commence on the first day of the medical leave of
3absence from the school or on the date the physician and surgeon
4determines the illness prevented the dependent child from attending
5school, whichever comes first. Any break in the school calendar
6shall not disqualify the dependent child from coverage under this
7paragraph.

8(B) Documentation or certification of the medical necessity for
9a leave of absence from school shall be submitted to the plan at
10least 30 days prior to the medical leave of absence from the school,
11if the medical reason for the absence and the absence are
12foreseeable, or 30 days after the start date of the medical leave of
13absence from school and shall be considered prima facie evidence
14of entitlement to coverage under this paragraph.

15(4) This subdivision shall not apply to a specialized health care
16service plan or to a Medicare supplement plan.

17begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 104151 is added to the end insertbegin insertHealth and Safety
18Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert104151.end insert  

Notwithstanding Section 10231.5 of the Government
20Code, each year, by no later than January 10 and concurrently
21with the release of the May Revision, the State Department of
22Health Care Services shall provide the fiscal committees of the
23Legislature with an estimate package for the Every Woman Counts
24Program. This estimate package shall include all significant
25assumptions underlying the estimate for the Every Woman Counts
26Program’s current-year and budget-year proposals, and shall
27contain concise information identifying applicable estimate
28components, such as caseload; a breakout of costs, including, but
29not limited to, clinical service activities, including office visits and
30consults, screening mammograms, diagnostic mammograms,
31diagnostic breast procedures, case management, and other clinical
32services; policy changes; contractor information; General Fund,
33special fund, and federal fund information; and other assumptions
34necessary to support the estimate.

end insert
35begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 111792 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
36amended to read:end insert

37

111792.  

(a) begin deleteCommencing January 1, 2007, the end deletebegin insertThe end insert
38manufacturer of any cosmetic product subject to regulation by the
39federal Food and Drug Administration that is sold in this state
40shall, on a schedule and in electronic or other format, as determined
P45   1by the division, provide the division with a complete and accurate
2list of its cosmetic products that, as of the date of submission, are
3sold in the state and that contain any ingredient that is a chemical
4identified as causing cancer or reproductive toxicity, including
5any chemical that meets either of the following conditions:

6(1) A chemical contained in the product for purposes of
7fragrance or flavoring.

8(2) A chemical identified by the phrase “and other ingredients”
9and determined to be a trade secret pursuant to the procedure
10established in Part 20 and Section 720.8 of Part 720 of Title 21 of
11the Code of Federal Regulations. Any ingredient identified pursuant
12to this paragraph shall be considered to be a trade secret and shall
13be treated by the division in a manner consistent with the
14requirements of Part 20 and Part 720 of Title 21 of the Code of
15Federal Regulations. Any ingredients considered to be a trade
16secret shall not be subject to the California Public Records Act
17(Chapter 3.5 (commencing with Section 6250) of Division 7 of
18Title 1 of the Government Code) for the purposes of this section.

19(b) Any information submitted pursuant to subdivision (a) shall
20identify each chemical both by name and Chemical Abstract
21Service number and shall specify the product or products in which
22the chemical is contained.

23(c) If an ingredient identified pursuant to this section
24subsequently is removed from the product in which it was
25contained, is removed from the list of chemicals known to cause
26cancer or reproductive toxicity published under Section 25249.8,
27or is no longer a chemical identified as causing cancer or
28reproductive toxicity by an authoritative body, the manufacturer
29of the product containing the ingredient shall submit the new
30information to the division. Upon receipt of new information, the
31division, after verifying the accuracy of that information, shall
32revise the manufacturer’s information on record with the division
33to reflect the new information. The manufacturer shall not be under
34obligation to submit subsequent information on the presence of
35the ingredient in the product unless subsequent changes require
36submittal of the information.

37(d) This section shall not apply to any manufacturer of cosmetic
38products with annual aggregate sales of cosmetic products, both
39within and outside of California, of less than one million dollars
P46   1($1,000,000), based on the manufacturer’s most recent tax year
2filing.

begin insert

3(e) On or before December 31, 2013, the State Department of
4Public Health shall develop and make operational a
5consumer-friendly, public Internet Web site that creates a database
6of the information collected pursuant to this section. The database
7shall be searchable to accommodate a wide range of users,
8including users with limited technical and scientific literacy. Data
9shall be presented in an educational manner with, among other
10things, hypertext links that explain the meanings of technical terms,
11including, but not limited to, “carcinogenic” and “reproductive
12toxicity.” The Internet Web site shall be designed to be easily
13navigable and to enable users to compare and contrast products
14and reportable ingredients. The Internet Web site shall include
15hypertext links to other educational and informational Internet
16Web sites to enhance consumer understanding.

end insert
17begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 123870 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

123870.  

(a) The department shall establish standards of
20financial eligibility for treatment services under the California
21Children’s Services Program (CCS program).

22(1) Financial eligibility for treatment services under this program
23shall be limited to persons in families with an adjusted gross
24income of forty thousand dollars ($40,000) or less in the most
25recent tax year, as calculated for California state income tax
26purposes. If a person is enrolled in the Healthy Families Program
27(Part 6.2 (commencing with Section 12693) of Division 2 of the
28Insurance Code), the financial documentation required for that
29program in Section 2699.6600 of Title 10 of the California Code
30of Regulations may be used instead of the person’s California state
31income tax return. If a person is enrolled in the Medi-Cal program
32pursuant to Section 14005.26 of the Welfare and Institutions Code,
33begin insert or enrolled in the AIM-Linked Infants Program pursuant to
34Chapter 2 (commencing with Section 15850) of Part 3.3 of Division
359 of the Welfare and Institutions Code,end insert
the financial documentation
36required to establish eligibility for thebegin delete Medi-Cal programend deletebegin insert respective
37programsend insert
may be used instead of the person’s California state
38income tax return. However, the director may authorize treatment
39services for persons in families with higher incomes if the estimated
P47   1cost of care to the family in one year is expected to exceed 20
2percent of the family’s adjusted gross income.

3(2) Children enrolled in the Healthy Families Program,begin delete or
4enrolled inend delete
the Medi-Cal program pursuant to Section 14005.26
5of the Welfare and Institutions Code,begin insert or the AIM-Linked Infants
6Program pursuant to Chapter 2 (commencing with Section 15850)
7of Part 3.3 of Division 9 of the Welfare and Institutions Code,end insert
who
8have a CCS program eligible medical condition under Section
9123830, and whose families do not meet the financial eligibility
10requirements of paragraph (1), shall be deemed financially eligible
11for CCS program benefits.

12(b) Necessary medical therapy treatment services under the
13California Children’s Services Program rendered in the public
14schools shall be exempt from financial eligibility standards and
15enrollment fee requirements for the services when rendered to any
16handicapped child whose educational or physical development
17would be impeded without the services.

18(c) All counties shall use the uniform standards for financial
19eligibility and enrollment fees established by the department. All
20enrollment fees shall be used in support of the California Children’s
21Services Program.

22(d) Annually, every family with a child eligible to receive
23services under this article shall pay a fee of twenty dollars ($20),
24that shall be in addition to any other program fees for which the
25family is liable. This assessment shall not apply to any child who
26is eligible for full scope Medi-Cal benefits without a share of cost,
27for children receiving therapy through the California Children’s
28Services Program as a related service in their individualized
29education plans, for children from families having incomes of less
30than 100 percent of the federal poverty level, or for children
31covered under the Healthy Families Programbegin insert or the AIM-Linked
32Infants Programend insert
.

33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 123929 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
34amended to read:end insert

35

123929.  

(a) Except as otherwise provided in this section and
36Section 14133.05 of the Welfare and Institutions Code, California
37Children’s Services Program services provided pursuant to this
38article require prior authorization by the department or its designee.
39Prior authorization is contingent on determination by the
40department or its designee of all of the following:

P48   1(1) The child receiving the services is confirmed to be medically
2eligible for the CCS program.

3(2) The provider of the services is approved in accordance with
4the standards of the CCS program.

5(3) The services authorized are medically necessary to treat the
6child’s CCS-eligible medical condition.

7(b) begin deleteEffective July 1, 2004, the end deletebegin insertThe end insertdepartment or its designee
8may approve a request for a treatment authorization that is
9otherwise in conformance with subdivision (a) for services for a
10child participating in the Healthy Families Programbegin insert or the
11AIM-Linked Infants Programend insert
pursuant to clause (ii) of
12subparagraph (A) of paragraph (6) of subdivision (a) of Section
1312693.70 of the Insurance Codebegin insert or Chapter 2 end insertbegin insert(commencing with
14Section 15850) of Part 3.3 of Division 9 of the Welfare and
15Institutions Codeend insert
, received by the department or its designee after
16the requested treatment has been provided to the child.

17(c) begin deleteEffective July 1, 2004, if end deletebegin insertIf end inserta provider of services who meets
18the requirements of paragraph (2) of subdivision (a) incurs costs
19for services described in paragraph (3) of subdivision (a) to treat
20a child described in subdivision (b) who is subsequently determined
21to be medically eligible for the CCS program as determined by
22the department or its designee, the department may reimburse the
23provider for those costs. Reimbursement under this section shall
24conform to the requirements of Section 14105.18 of the Welfare
25and Institutions Code.

26begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 123940 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert

28

123940.  

(a) (1) Annually, the board of supervisors shall
29appropriate a sum of money for services for handicapped children
30of the county, including diagnosis, treatment, and therapy services
31for physically handicapped children in public schools, equal to 25
32percent of the actual expenditures for the county program under
33this article for the 1990-91 fiscal year, except as specified in
34paragraph (2).

35(2) If the state certifies that a smaller amount is needed in order
36for the county to pay 25 percent of costs of the county’s program
37from this source. The smaller amount certified by the state shall
38be the amount that the county shall appropriate.

39(b) In addition to the amount required by subdivision (a), the
40county shall allocate an amount equal to the amount determined
P49   1pursuant to subdivision (a) for purposes of this article from
2revenues allocated to the county pursuant to Chapter 6
3(commencing with Section 17600) of Division 9 of the Welfare
4and Institutions Code.

5(c) (1) The state shall match county expenditures for this article
6from funding provided pursuant to subdivisions (a) and (b).

7(2) County expenditures shall be waived for payment of services
8for children who are eligible pursuant to paragraph (2) of
9subdivision (a) of Section 123870.

10(d) The county may appropriate and expend moneys in addition
11to those set forth in subdivision (a) and (b) and the state shall match
12the expenditures, on a dollar-for-dollar basis, to the extent that
13state funds are available for this article.

14(e) County appropriations under subdivisions (a) and (b) shall
15include county financial participation in the nonfederal share of
16expenditures for services for children who are enrolled in the
17Medi-Cal program pursuant to Section 14005.26 of the Welfare
18and Institutions Code,begin insert or the AIM-Linked Infants Program pursuant
19to Chapter 2 (commencing with Section 15850) of Part 3.3 of
20Division 9 of the Welfare and Institutions Code,end insert
and who are
21eligible for services under this article pursuant to paragraph (1) of
22subdivision (a) of Section 123870, to the extent that federal
23financial participation is available at the enhanced federal
24reimbursement rate under Title XXI of the federal Social Security
25Act (42 U.S.C. Sec. 1397aa et seq.) and funds are appropriated for
26the California Children’s Services Program in the State Budget.

27(f) Nothing in this section shall require the county to expend
28more than the amount set forth in subdivision (a) plus the amount
29set forth in subdivision (b) nor shall it require the state to expend
30more than the amount of the match set forth in subdivision (c).

31(g) Notwithstanding Chapter 3.5 (commencing with Section
3211340) of Part 1 of Division 3 of Title 2 of the Government Code,
33the department, without taking further regulatory action, shall
34implement this section by means of California Children’s Services
35numbered letters.

36begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 123955 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert

38

123955.  

(a) The state and the counties shall share in the cost
39of administration of the California Children’s Services Program
40at the local level.

P50   1(b) (1) The director shall adopt regulations establishing
2minimum standards for the administration, staffing, and local
3implementation of this article subject to reimbursement by the
4state.

5(2) The standards shall allow necessary flexibility in the
6administration of county programs, taking into account the
7variability of county needs and resources, and shall be developed
8and revised jointly with state and county representatives.

9(c) The director shall establish minimum standards for
10administration, staffing and local operation of the program subject
11to reimbursement by the state.

12(d) Until July 1, 1992, reimbursable administrative costs, to be
13paid by the state to counties, shall not exceed 4.1 percent of the
14gross total expenditures for diagnosis, treatment and therapy by
15counties as specified in Section 123940.

16(e) Beginning July 1, 1992, this subdivision shall apply with
17respect to all of the following:

18(1) Counties shall be reimbursed by the state for 50 percent of
19the amount required to meet state administrative standards for that
20portion of the county caseload under this article that is ineligible
21for Medi-Cal to the extent funds are available in the State Budget
22for the California Children’s Services Program.

23(2) Counties shall be reimbursed by the state for 50 percent of
24the nonfederal share of the amount required to meet state
25administrative standards for that portion of the county caseload
26under this article that is enrolled in the Medi-Cal program pursuant
27to Section 14005.26 of the Welfare and Institutions Codebegin insert or the
28AIM-Linked Infants Program pursuant to Chapter 2 end insert
begin insert(commencing
29with Section 15850) of Part 3.3 of Division 9 of the Welfare and
30Institutions Code,end insert
and who are eligible for services under this
31article pursuant to subdivision (a) of Section 123870, to the extent
32that federal financial participation is available at the enhanced
33federal reimbursement rate under Title XXI of the federal Social
34Security Act (42 U.S.C. Sec. 1397aa et seq.) and funds are
35appropriated for the California Children’s Services Program in the
36State Budget.

37(3) On or before September 15 of each year, each county
38program implementing this article shall submit an application for
39the subsequent fiscal year that provides information as required
P51   1by the state to determine if the county administrative staff and
2budget meet state standards.

3(4) The state shall determine the maximum amount of state
4funds available for each county from state funds appropriated for
5CCS county administration. If the amount appropriated for any
6fiscal year in the Budget Act for county administration under this
7article differs from the amounts approved by the department, each
8county shall submit a revised application in a form and at the time
9specified by the department.

10(f) The department and counties shall maximize the use of
11federal funds for administration of the programs implemented
12pursuant to this article, including using state and county funds to
13match funds claimable under Title XIX or Title XXI of the federal
14Social Security Act (42 U.S.C. Sec. 1396 et seq.; 42 U.S.C. Sec.
151397aa et seq.).

16begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 10125 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
17read:end insert

18

10125.  

(a) On and after January 1, 1974, every insurer issuing
19group disability insurance which covers hospital, medical, or
20surgical expenses shall offer coverage for expenses incurred as a
21result of mental or nervous disorders, under the terms and
22conditions which may be agreed upon between the group
23policyholder and the insurer. If the terms and conditions include
24coverage for inpatient care for nervous or mental disorders, the
25coverage shall extend to treatment provided at all of the following
26facilities:

27(1) A general acute care hospital as defined in subdivision (a)
28of Section 1250 of the Health and Safety Code.

29(2) An acute psychiatric hospital as defined in subdivision (b)
30of Section 1250 of the Health and Safety Code.

31(3) A psychiatric health facility as defined by Section 1250.2
32of the Health and Safety Code operating pursuant to licensure by
33the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services.

34Nothing in this subdivision prohibits an insurerbegin delete whichend deletebegin insert thatend insert
35 negotiates and enters into a contract with a professional or
36institutional provider for alternative rates of payment pursuant to
37begin delete Sectionsend deletebegin insert Sectionend insert 10133begin delete and 11512 of this codeend delete from restricting or
38modifying the choice of providers.

39(b) Every insurer shall communicate to prospective group
40policyholders as to the availability of outpatient coverage for the
P52   1treatment of mental or nervous disorders. Every insurer shall
2communicate the availability of that coverage to all group
3policyholders and to all prospective group policyholders with
4whom they are negotiating. This coverage may include community
5residential treatment services, as described inbegin insert formerend insert Section 5458
6of the Welfare and Institutions Code,begin delete whichend deletebegin insert thatend insert are alternatives
7to institutional care.

8begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 10127 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
9read:end insert

10

10127.  

On and after January 1, 1974, every self-insured
11employee welfare benefit planbegin delete whichend deletebegin insert thatend insert provides coverage for
12hospital, medical, or surgical expenses shall offer coverage for
13expenses incurred as a result of mental or nervous disorders, under
14the terms and conditions which may be agreed upon between the
15self-insured welfare benefit plan and the member. If the terms and
16conditions include coverage for services provided in a general
17acute care hospital, or an acute psychiatric hospital as defined in
18Section 1250 of the Health and Safety Code, and do not restrict or
19modify the choice of providers, the coverage shall extend to care
20provided by a psychiatric health facility, as defined by Section
211250.2 of the Health and Safety Code, operating pursuant to
22licensure by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services.
23Every plan shall communicate to prospective members as to the
24availability of outpatient coverage for the treatment of mental or
25nervous disorders. Every self-insured welfare benefit plan shall
26communicate the availability of this coverage to all members and
27prospective members. This coverage may include community
28residential treatment services, as described inbegin insert formerend insert Section 5458
29of the Welfare and Institutions Code,begin delete whichend deletebegin insert thatend insert are alternatives
30to institutional care.

31begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 12693.70 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
32to read:end insert

33

12693.70.  

To be eligible to participate in the program, an
34applicant shall meet all of the following requirements:

35(a) Be an applicant applying on behalf of an eligible child, which
36means a child who is all of the following:

37(1) Less than 19 years of age. An application may be made on
38behalf of a child not yet born up to three months prior to the
39expected date of delivery. Coverage shall begin as soon as
40administratively feasible, as determined by the board, after the
P53   1board receives notification of the birth. However, no child less
2than 12 months of age shall be eligible for coverage until 90 days
3after the enactment of the Budget Act of 1999.

4(2) Not eligible for no-cost full-scope Medi-Cal or Medicare
5coverage at the time of application.

6(3) In compliance with Sections 12693.71 and 12693.72.

7(4) A child who meets citizenship and immigration status
8requirements that are applicable to persons participating in the
9program established by Title XXI of the Social Security Act, except
10as specified in Section 12693.76.

11(5) A resident of the State of California pursuant to Section 244
12of the Government Code; or, if not a resident pursuant to Section
13244 of the Government Code, is physically present in California
14and entered the state with a job commitment or to seek
15employment, whether or not employed at the time of application
16to or after acceptance in, the program.

17(6) (A) In either of the following:

18(i) In a family with an annual or monthly household income
19equal to or less than 200 percent of the federal poverty level.

20(ii) begin insert(I)end insertbegin insertend insert When implemented by the board, subject to subdivision
21(b) of Section 12693.765 and pursuant to this section, a child under
22the age of two years who was delivered by a mother enrolled in
23the Access for Infants and Mothers Program as described in Part
246.3 (commencing with Section 12695). Commencing July 1, 2007,
25eligibility under this subparagraph shall not include infants during
26any time they are enrolled in employer-sponsored health insurance
27or are subject to an exclusion pursuant to Section 12693.71 or
2812693.72, or are enrolled in the full scope of benefits under the
29Medi-Cal program at no share of cost. For purposes of this clause,
30any infant born to a woman whose enrollment in the Access for
31Infants and Mothers Program begins after June 30, 2004, shall be
32automatically enrolled in the Healthy Families Program, except
33during any time on or after July 1, 2007, that the infant is enrolled
34in employer-sponsored health insurance or is subject to an
35exclusion pursuant to Section 12693.71 or 12693.72, or is enrolled
36in the full scope of benefits under the Medi-Cal program at no
37share of cost. Except as otherwise specified in this section, this
38enrollment shall cover the first 12 months of the infant’s life. At
39the end of the 12 months, as a condition of continued eligibility,
40the applicant shall provide income information. The infant shall
P54   1be disenrolled if the gross annual household income exceeds the
2 income eligibility standard that was in effect in the Access for
3Infants and Mothers Program at the time the infant’s mother
4became eligible, or following the two-month period established
5in Section 12693.981 if the infant is eligible for Medi-Cal with no
6share of cost. At the end of the second year, infants shall again be
7screened for program eligibility pursuant to this section, with
8income eligibility evaluated pursuant to clause (i), subparagraphs
9(B) and (C), and paragraph (2) of subdivision (a).

10begin insert(II)end insertbegin insertend insertbegin insertEffective on October 1, 2013, or when the State Department
11of Health Care Services has implemented Chapter 2 (commencing
12with Section 15850) of Part 3.3 of Division 9 of the Welfare and
13Institutions Code, whichever is later, eligibility for coverage in
14the program pursuant to this clause shall terminate. The board
15shall coordinate with the State Department of Health Care Services
16to implement Chapter 2 (commencing with Section 15850) of Part
173.3 of Division 9 of the Welfare and Institutions Code, including
18transition of subscribers to the AIM-Linked Infants Program. The
19State Department of Health Care Services shall administer the
20AIM-Linked Infants Program, pursuant to Chapter 2 (commencing
21with Section 15850) of Part 3.3 of Division 9 of the Welfare and
22Institutions Code, to address the health care needs of children
23formerly covered pursuant to this clause.end insert

24(B) All income over 200 percent of the federal poverty level
25but less than or equal to 250 percent of the federal poverty level
26shall be disregarded in calculating annual or monthly household
27income.

28(C) In a family with an annual or monthly household income
29greater than 250 percent of the federal poverty level, any income
30deduction that is applicable to a child under Medi-Cal shall be
31applied in determining the annual or monthly household income.
32If the income deductions reduce the annual or monthly household
33income to 250 percent or less of the federal poverty level,
34subparagraph (B) shall be applied.

35(b) The applicant shall agree to remain in the program for six
36months, unless other coverage is obtained and proof of the coverage
37is provided to the program.

38(c) An applicant shall enroll all of the applicant’s eligible
39children in the program.

P55   1(d) In filing documentation to meet program eligibility
2requirements, if the applicant’s income documentation cannot be
3provided, as defined in regulations promulgated by the board, the
4applicant’s signed statement as to the value or amount of income
5shall be deemed to constitute verification.

6(e) An applicant shall pay in full any family contributions owed
7in arrears for any health, dental, or vision coverage provided by
8the program within the prior 12 months.

9(f) By January 2008, the board, in consultation with
10stakeholders, shall implement processes by which applicants for
11subscribers may certify income at the time of annual eligibility
12review, including rules concerning which applicants shall be
13permitted to certify income and the circumstances in which
14supplemental information or documentation may be required. The
15board may terminate using these processes not sooner than 90 days
16after providing notification to the Chair of the Joint Legislative
17Budget Committee. This notification shall articulate the specific
18reasons for the termination and shall include all relevant data
19elements that are applicable to document the reasons for the
20termination. Upon the request of the Chair of the Joint Legislative
21Budget Committee, the board shall promptly provide any additional
22clarifying information regarding implementation of the processes
23required by this subdivision.

24begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 12698 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
25read:end insert

26

12698.  

To be eligible to participate in the program, a person
27shall meet all of the following requirements:

28(a) Be a resident of the state. A person who is a member of a
29federally recognized California Indian tribe is a resident of the
30state for these purposes.

31(b) (1) Until the first day of the second month following the
32effective date of the amendment made to this subdivision in 1994,
33have a household income that does not exceed 250 percent of the
34official federal poverty level unless the board determines that the
35program funds are adequate to serve households above that level.

36(2) Upon the first day of the second month following the
37effective date of the amendment made to this subdivision in 1994,
38have a household income that is above 200 percent of the official
39federal poverty level but does not exceed 250 percent of the official
40federal poverty level unless the board determines that the program
P56   1funds are adequate to serve households above the 250 percent of
2the official federal poverty level.

3(c) Pay an initial subscriber contribution of not more than fifty
4dollars ($50), and agree to the payment of the complete subscriber
5contribution. A federally recognized California Indian tribal
6government may make the initial and complete subscriber
7contributions on behalf of a member of the tribe only if a
8contribution on behalf of members of federally recognized
9California Indian tribes does not limit or preclude federal financial
10participation under Title XXI of the Social Security Act. If a
11federally recognized California Indian tribal government makes a
12contribution on behalf of a member of the tribe, the tribal
13government shall ensure that the subscriber is made aware of all
14the health plan options available in the county where the member
15resides.

begin insert

16(d) Effective January 1, 2014, when determining eligibility for
17benefits under the program, income shall be determined, counted,
18and valued in accordance with the requirements of Section
191397bb(b)(1)(B) of Title 42 of the United States Code as added by
20the federal Patient Protection and Affordable Care Act (Public
21Law 111-148) and as amended by the federal Health Care and
22Education Reconciliation Act of 2010 (Public Law 111-152) and
23any subsequent amendments.

end insert
24begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 12737 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
25read:end insert

26

12737.  

(a) The board shall establish program contribution
27amounts for each category of risk for each participating health
28plan. The program contribution amounts shall be based on the
29average amount of subsidy funds required for the program as a
30whole. To determine the average amount of subsidy funds required,
31the board shall calculate a loss ratio, including all medical costs,
32administration fees, and risk payments, for the program in the prior
33calendar year. The loss ratio shall be calculated using 125 percent
34of the standard average individual rates for comparable coverage
35as the denominator, and all medical costs, administration fees, and
36risk payments as the numerator. The average amount of subsidy
37funds required is calculated by subtracting 100 percent from the
38program loss ratio. For purposes of calculating the program loss
39ratio, no participating health plan’s loss ratio shall be less than 100
P57   1percent and participating health plans with fewer than 1,000
2program members shall be excluded from the calculation.

3Subscriber contributions shall be established to encourage
4members to select those health plans requiring subsidy funds at or
5below the program average subsidy. Subscriber contribution
6amounts shall be established so that no subscriber receives a
7subsidy greater than the program average subsidy, except that:

8(1) In all areas of the state, at least one plan shall be available
9to program participants at an average subscriber contribution of
10125 percent of the standard average individual rates for comparable
11coverage.

12(2) No subscriber contribution shall be increased by more than
1310 percent above 125 percent of the standard average individual
14rates for comparable coverage.

15(3) Subscriber contributions for participating health plans joining
16the program after January 1, 1997, shall be established at 125
17percent of the standard average individual rates for comparable
18coverage for the first two benefit years the plan participates in the
19program.

20(b) The program shall pay program contribution amounts to
21participating health plans from the Major Risk Medical Insurance
22Fund.

23(c) begin deleteFor the period commencing end deletebegin insertCommencing end insertJanuary 1, 2013,
24begin delete to December 31, 2013, inclusive,end delete in addition to the amount of
25subsidy funds required pursuant to subdivision (a), the program
26may further subsidize subscriber contributions so that the amount
27paid by each subscriber is below 125 percent of the standard
28average individual risk rate for comparable coverage but no less
29than 100 percent of the standard average individual risk rate for
30comparable coverage. For purposes of calculating premiums for
31the following products, any reference to, or use of, subscriber
32contributions, premiums, average premiums, or amounts paid by
33subscribers in the program shall be construed to mean subscriber
34contributions as described in subdivision (a) without application
35of the additional subsidies permitted by this subdivision:

36(1) Standard benefit plans pursuant to Section 10127.16 and
37Section 1373.622 of the Health and Safety Code.

38(2) Health benefit plans and health care service plan contracts
39for federally eligible defined individuals pursuant to Sections
P58   110901.3 and 10901.9 and Sections 1399.805 and 1399.811 of the
2Health and Safety Code.

3(3) Conversion coverage pursuant to Section 12682.1 and
4Section 1373.6 of the Health and Safety Code.

5begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 12739.61 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
6to read:end insert

7

12739.61.  

The board shall cease to provide coverage through
8the program onbegin delete January 1, 2014,end deletebegin insert July 1, 2013, except as required
9by the contract between the board and the United States
10Department of Health and Human Services,end insert
and at that time shall
11cease to operate the program except as required to complete
12payments to, or payment reconciliations with, participating health
13plans or other contractors, process appeals, or conduct other
14necessarybegin delete transitionend deletebegin insert terminationend insert activitiesbegin delete, including, but not
15limited to, transition of subscribers into an exchange or exchanges
16established pursuant to the federal Patient Protection and
17Affordable Care Act (Public Law 111-148)end delete
.

18begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 359 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
19amended to read:end insert

20

359.  

begin insert(a)end insertbegin insertend insert Whenever a minor who appears to be a danger to
21himself or others as a result of the use of narcoticsbegin delete (as defined in
22Section 11001 of the Health and Safety Code)end delete
,begin insert as defined in Section
23110end insert
begin insert19 of the Health and Safety Code,end insert or a restricted dangerous
24drug (as defined inbegin insert formerend insert Section 11901 of the Health and Safety
25Code), is brought before any judge of the juvenile court, the judge
26may continue the hearing and proceed pursuant to this section.
27The court may order the minor taken to a facility designated by
28the county and approved by the State Department ofbegin delete Socialend deletebegin insert Health
29Careend insert
Services as a facility for 72-hour treatment and evaluation.
30Thereupon the provisions of Section 11922 of the Health and Safety
31Code shall apply, except that the professional person in charge of
32the facility shall make a written report to the court concerning the
33results of the evaluation of the minor.

begin delete

34If

end delete

35begin insert(b)end insertbegin insertend insertbegin insertIf end insertthe professional person in charge of the facility for 72-hour
36evaluation and treatment reports to the juvenile court that the minor
37is not a danger to himself or others as a result of the use of narcotics
38or restricted dangerous drugs or that the minor does not require
3914-day intensive treatment, or if the minor has been certified for
40not more than 14 days of intensive treatment and the certification
P59   1is terminated, the minor shall be released if the juvenile court
2proceedings have been dismissed; referred for further care and
3treatment on a voluntary basis, subject to the disposition of the
4juvenile court proceedings; or returned to the juvenile court, in
5which event the court shall proceed with the case pursuant to this
6chapter.

begin delete

7Any

end delete

8begin insert(c)end insertbegin insertend insertbegin insertAny end insertexpenditure for the evaluation or intensive treatment of
9a minor under this section shall be considered an expenditure made
10under Part 2 (commencing with Section 5600) of Division 5, and
11shall be reimbursed by the state as are other local expenditures
12pursuant to that part.

13begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 708 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
14amended to read:end insert

15

708.  

begin insert(a)end insertbegin insertend insert Whenever a minor who appears to be a danger to
16himself or herself or others as a result of the use of controlled
17substances (as defined in Division 10 (commencing with Section
1811000) of the Health and Safety Code), is brought before any judge
19of the juvenile court, the judge may continue the hearing and
20proceed pursuant to this section. The court may order the minor
21taken to a facility designated by the county and approved by the
22State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services as a facility for
2372-hour treatment and evaluation. Thereupon the provisions of
24Section 5343begin delete of the Welfare and Institutions Codeend delete shall apply,
25except that the professional person in charge of the facility shall
26make a written report to the court concerning the results of the
27evaluation of the minor.

begin delete

28If

end delete

29begin insert(b)end insertbegin insertend insertbegin insertIf end insertthe professional person in charge of the facility for 72-hour
30evaluation and treatment reports to the juvenile court that the minor
31is not a danger to himself or herself or others as a result of the use
32of controlled substances or that the minor does not require 14-day
33intensive treatment, or if the minor has been certified for not more
34than 14 days of intensive treatment and the certification is
35terminated, the minor shall be released if the juvenile court
36proceedings have been dismissed; referred for further care and
37treatment on a voluntary basis, subject to the disposition of the
38juvenile court proceedings; or returned to the juvenile court, in
39which event the court shall proceed with the case pursuant to this
40chapter.

begin delete

P60   1Any

end delete

2begin insert(c)end insertbegin insertend insertbegin insertAny end insertexpenditure for the evaluation or intensive treatment of
3a minor under this section shall be considered an expenditure made
4under Part 2 (commencing with Section 5600) of Division 5, and
5shall be reimbursed by the state as are other local expenditures
6pursuant to that part.

7begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 4005.7 of the end insertbegin insertWelfare and Institutions Codeend insert
8begin insert is amended to read:end insert

9

4005.7.  

All regulations heretofore adopted by the State
10Department of Mental Healthbegin insert, and its successor,end insert pursuant to
11authority vested in the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
12 Services by Section 4005.1 and in effect immediately preceding
13the operative date of the act thatbegin delete addedend deletebegin insert amendedend insert this sectionbegin insert in the
14first year of the 2013-14 Regular Sessionend insert
shall remain in effect
15and shall be fully enforceable unless and until readopted, amended,
16or repealed by the Director ofbegin delete Socialend deletebegin insert Health Careend insert Services.

17begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 4080 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
18amended to read:end insert

19

4080.  

(a) Psychiatric health facilities, as defined in Section
201250.2 of the Health and Safety Code, shall only be licensed by
21the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services subsequent
22to application by counties, county contract providers, or other
23organizations pursuant to this part.

24(b) (1) For counties or county contract providers that choose
25to apply, the local mental health director shall first present to the
26local mental health advisory board for its review an explanation
27of the need for the facility and a description of the services to be
28provided. The local mental health director shall then submit to the
29governing body the explanation and description. The governing
30body, upon its approval, may submit the application to the State
31Department ofbegin delete Socialend deletebegin insert Health Careend insert Services.

32(2) Other organizations that will be applying for licensure and
33do not intend to use any Bronzan-McCorquodale funds pursuant
34to Section 5707 shall submit to the local mental health director
35and the governing body in the county in which the facility is to be
36located a written and dated proposal of the services to be provided.
37The local mental health director and governing body shall have
3830 days during which to provide any advice and recommendations
39regarding licensure, as they deem appropriate. At any time after
40the 30-day period, the organizations may then submit their
P61   1applications, along with the mental health director’s and governing
2body’s advice and recommendations, if any, to the State
3Department ofbegin delete Socialend deletebegin insert Health Careend insert Services.

4(c) The State Fire Marshal and other appropriate state agencies,
5to the extent required by law, shall cooperate fully with the State
6Department ofbegin delete Socialend deletebegin insert Health Careend insert Services to ensure that the State
7Department ofbegin delete Socialend deletebegin insert Health Careend insert Services approves or
8disapproves the licensure applications not later than 90 days after
9the application submission by a county, county contract provider,
10or other organization.

11(d) Every psychiatric health facility and program for which a
12license has been issued shall be periodically inspected by a
13multidisciplinary team appointed or designated by the State
14Department ofbegin delete Socialend deletebegin insert Health Careend insert Services. The inspection shall
15be conducted no less than once every two years and as often as
16necessary to ensure the quality of care provided. During the
17inspections the review team shall offer such advice and assistance
18to the psychiatric health facility as it deems appropriate.

19(e) (1) The program aspects of a psychiatric health facility that
20shall be reviewed and may be approved by the State Department
21ofbegin delete Socialend deletebegin insert Health Careend insert Services shall include, but not be limited
22to:

23(A) Activities programs.

24(B) Administrative policies and procedures.

25(C) Admissions, including provisions for a mental evaluation.

26(D) Discharge planning.

27(E) Health records content.

28(F) Health records services.

29(G) Interdisciplinary treatment teams.

30(H) Nursing services.

31(I) Patient rights.

32(J) Pharmaceutical services.

33(K) Program space requirements.

34(L) Psychiatrist and clinical psychological services.

35(M) Rehabilitation services.

36(N) Restraint and seclusion.

37(O) Social work services.

38(P) Space, supplies, and equipment.

39(Q) Staffing standards.

40(R) Unusual occurrences.

P62   1(S) Use of outside resources, including agreements with general
2acute care hospitals.

3(T) Linguistic access and cultural competence.

4(U) Structured outpatient services to be provided under special
5permit.

6(2) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services has
7the sole authority to grant program flexibility.

8(f) Commencing July 1,begin delete 2012,end deletebegin insert 2013,end insert the State Department of
9begin delete Socialend deletebegin insert Health Careend insert Servicesbegin delete shallend deletebegin insert mayend insert adopt regulationsbegin insert regarding
10psychiatric health facilitiesend insert
that shall include, but not be limited
11to, all of the following:

12(1) Procedures by which the State Department ofbegin delete Socialend deletebegin insert Health
13Careend insert
Services shall review and may approve the program and
14facility requesting licensure as a psychiatric health facility as being
15in compliance with program standards established by the
16department.

17(2) Procedures by which the Director ofbegin delete Socialend deletebegin insert Health Careend insert
18 Services shall approve, or deny approval of, the program and
19facility licensed as a psychiatric health facility pursuant to this
20section.

21(3) Provisions for site visits by the State Department ofbegin delete Socialend delete
22begin insert Health Careend insert Services for the purpose of reviewing a facility’s
23compliance with program and facility standards.

24(4) Provisions for the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
25 Services for any administrative proceeding regarding denial,
26suspension, or revocation of a psychiatric health facility license.

27(5) Procedures for the appeal of an administrative finding or
28action pursuant to paragraph (4) of this subdivision and subdivision
29(j).

30(g) Regulationsbegin delete shallend deletebegin insert mayend insert be adopted by the State Department
31ofbegin delete Socialend deletebegin insert Health Careend insert Servicesbegin delete, which shallend deletebegin insert thatend insert establish standards
32for pharmaceutical services in psychiatric health facilities. Licensed
33psychiatric health facilities shall be exempt from requirements to
34obtain a separate pharmacy license or permit.

35(h) (1) It is the intent of the Legislature that the State
36Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall license the facility
37in order to establish innovative and more competitive and
38specialized acute care services.

39(2) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
40review and may approve the program aspects of public or private
P63   1facilities, with the exception of those facilities that are federally
2certified or accredited by a nationally recognized commission that
3accredits health care facilities, only if the average per diem charges
4or costs of service provided in the facility is approximately 60
5percent of the average per diem charges or costs of similar
6psychiatric services provided in a general hospital.

7(3) (A) When a private facility is accredited by a nationally
8recognized commission that accredits health care facilities, the
9State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall review and
10may approve the program aspects only if the average per diem
11charges or costs of service provided in the facility do not exceed
12approximately 75 percent of the average per diem charges or costs
13of similar psychiatric service provided in a psychiatric or general
14hospital.

15(B) When a private facility serves county patients, the State
16Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall review and may
17approve the program aspects only if the facility is federally certified
18by the federal Centers for Medicare and Medicaid Services and
19serves a population mix that includes a proportion of Medi-Cal
20patients sufficient to project an overall cost savings to the county,
21and the average per diem charges or costs of service provided in
22the facility do not exceed approximately 75 percent of the average
23per diem charges or costs of similar psychiatric service provided
24in a psychiatric or general hospital.

25(4) When a public facility is federally certified by the federal
26Centers for Medicare and Medicaid Services and serves a
27population mix that includes a proportion of Medi-Cal patients
28sufficient to project an overall program cost savings with
29certification, the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
30shall approve the program aspects only if the average per diem
31charges or costs of service provided in the facility do not exceed
32approximately 75 percent of the average per diem charges or costs
33of similar psychiatric service provided in a psychiatric or general
34hospital.

35(5) (A) The State Department of Health Care Services may set
36a lower rate for private or public facilities than that required by
37paragraph (3) orbegin delete paragraphend delete (4),begin delete respectivelyend delete if so required by the
38federal Centers for Medicare and Medicaid Services as a condition
39for the receipt of federal matching funds.

P64   1(B) This section does not impose any obligation on any private
2facility to contract with a county for the provision of services to
3Medi-Cal beneficiaries, and any contract for that purpose is subject
4to the agreement of the participating facility.

5(6) (A) In using the guidelines specified in this subdivision,
6the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall take
7into account local conditions affecting the costs or charges.

8(B) In those psychiatric health facilities authorized by special
9permit to offer structured outpatient services not exceeding 10
10daytime hours, the following limits on per diem rates shall apply:

11(i) The per diem charge for patients in both a morning and an
12afternoon program on the same day shall not exceed 60 percent of
13the facility’s authorized per diem charge for inpatient services.

14(ii) The per diem charge for patients in either a morning or
15afternoon program shall not exceed 30 percent of the facility’s
16authorized per diem charge for inpatient services.

17(i) The licensing fees charged for these facilities shall be credited
18to the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services for its
19costs incurred in the review of psychiatric health facility programs,
20in connection with the licensing of these facilities.

21(j) (1) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
22shall establish a system for the imposition of prompt and effective
23civil sanctions against psychiatric health facilities in violation of
24the laws and regulations of this state pertaining to psychiatric health
25facilities. If the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
26determines that there is or has been a failure, in a substantial
27manner, on the part of a psychiatric health facility to comply with
28the laws and regulations, the Director ofbegin delete Socialend deletebegin insert Health Careend insert
29 Services may impose the following sanctions:

30(A) Cease and desist orders.

31(B) Monetary sanctions, which may be imposed in addition to
32the penalties of suspension, revocation, or cease and desist orders.
33The amount of monetary sanctions permitted to be imposed
34pursuant to this subparagraph shall not be less than fifty dollars
35($50) nor more than one hundred dollars ($100) multiplied by the
36licensed bed capacity, per day, for each violation. However, the
37monetary sanction shall not exceed three thousand dollars ($3,000)
38per day. A facility that is assessed a monetary sanction under this
39subparagraph, and that repeats the deficiency, may, in accordance
40with the regulations adopted pursuant to this subdivision, be subject
P65   1to immediate suspension of its license until the deficiency is
2corrected.

3(2) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Servicesbegin delete shallend delete
4begin insert mayend insert adopt regulations necessary to implement this subdivision
5and paragraph (5) of subdivision (f) in accordance with the
6Administrative Procedure Act (Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code).

9(k) Proposed changes in the standards or regulations affecting
10health facilities that serve the mentally disordered shall be effected
11only with the review and coordination of the California Health and
12Human Services Agency.

13(l) In psychiatric health facilities where the clinical director is
14not a physician, a psychiatrist, or if one is temporarily not available,
15a physician shall be designated who shall direct those medical
16treatments and services that can only be provided by, or under the
17direction of, a physician.

18begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 5150 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
19amended to read:end insert

20

5150.  

begin insert(a)end insertbegin insertend insert When any person, as a result of mental disorder, is
21a danger to others, or to himself or herself, or gravely disabled, a
22peace officer, member of the attending staff, as defined by
23regulation, of an evaluation facility designated by the county,
24begin delete designated members of a mobile crisis team provided by Section
255651.7,end delete
or other professional person designated by the county may,
26upon probable cause, take, or cause to be taken, the person into
27custody and place him or her in a facility designated by the county
28and approved by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
29 Services as a facility for 72-hour treatment and evaluation.

begin delete

30The

end delete

31begin insert(b)end insertbegin insertend insertbegin insertThe end insertfacility shall require an application in writing stating
32the circumstances under which the person’s condition was called
33to the attention of the officer, member of the attending staff, or
34professional person, and stating that the officer, member of the
35attending staff, or professional person has probable cause to believe
36that the person is, as a result of mental disorder, a danger to others,
37or to himself or herself, or gravely disabled. If the probable cause
38is based on the statement of a person other than the officer, member
39of the attending staff, or professional person, the person shall be
P66   1liable in a civil action for intentionally giving a statement which
2he or she knows to be false.

3begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 5151 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
4amended to read:end insert

5

5151.  

begin insert(a)end insertbegin insertend insert If the facility for 72-hour treatment and evaluation
6admits the person, it may detain him or her for evaluation and
7treatment for a period not to exceed 72 hours. Saturdays, Sundays,
8and holidays may be excluded from the 72-hour period if the State
9Department ofbegin delete Socialend deletebegin insert Health Careend insert Services certifies for each
10facility that evaluation and treatment services cannot reasonably
11be made available on those days. The certification by the
12department is subject to renewal every two years. The department
13begin delete shallend deletebegin insert mayend insert adopt regulations defining criteria for determining
14whether a facility can reasonably be expected to make evaluation
15and treatment services available on Saturdays, Sundays, and
16holidays.

begin delete

17Prior

end delete

18begin insert(b)end insertbegin insertend insertbegin insertPrior end insertto admitting a person to the facility for 72-hour
19treatment and evaluation pursuant to Section 5150, the professional
20person in charge of the facility or his or her designee shall assess
21the individual in person to determine the appropriateness of the
22involuntary detention.

begin delete

23If

end delete

24begin insert(c)end insertbegin insertend insertbegin insertIf end insertin the judgment of the professional person in charge of
25the facility providing evaluation and treatment, or his or her
26designee, the person can be properly served without being detained,
27he or she shall be provided evaluation, crisis intervention, or other
28inpatient or outpatient services on a voluntary basis.

begin delete

29Nothing

end delete

30begin insert(d)end insertbegin insertend insertbegin insertNothing end insertin this section shall be interpreted to prevent a peace
31officer from delivering individuals to a designated facility for
32assessment under Section 5150. Furthermore, the preadmission
33assessment requirement of this section shall not be interpreted to
34require peace officers to perform any additional duties other than
35those specified in Sections 5150.1 and 5150.2.

36begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 5157 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
37amended to read:end insert

38

5157.  

(a) Each person, at the time he or she is first taken into
39custody under provisions of Section 5150, shall be provided, by
40the person who takes such other person into custody, the following
P67   1information orally. The information shall be in substantially the
2following form:

 

My name is    .

I am a     .

(peace officer, mental health professional)

with     .

(name of agency)

You are not under criminal arrest, but I am taking you for examination by mental health professionals at     .

   

(name of facility)

You will be told your rights by the mental health staff.

 If taken into custody at his or her residence, the person shall also be told the following information in substantially the following form:

 You may bring a few personal items with you which I will have to approve. You can make a phone call and/or leave a note to tell your friends and/or family where you have been taken.

P67  19

 

20(b) The designated facility shall keep, for each patient evaluated,
21a record of the advisement given pursuant to subdivision (a) which
22shall include:

23(1) Name of person detained for evaluation.

24(2) Name and position of peace officer or mental health
25professional taking person into custody.

26(3) Date.

27(4) Whether advisement was completed.

28(5) If not given or completed, the mental health professional at
29the facility shall either provide the information specified in
30subdivision (a), or include a statement of good cause, as defined
31by regulations of the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
32 Services, which shall be kept with the patient’s medical record.

33(c) Each person admitted to a designated facility for 72-hour
34evaluation and treatment shall be given the following information
35by admission staff at the evaluation unit. The information shall be
36given orally and in writing and in a language or modality accessible
37to the person. The written information shall be available in the
38person’s native language or the language which is the person’s
39principal means of communication. The information shall be in
40substantially the following form:

 

My name is    .

My position here is    .

 You are being placed into the psychiatric unit because it is our professional opinion that as a result of mental disorder, you are likely to:

 (check applicable)
  harm yourself ____
  harm someone else ____
  be unable to take care of your own
   food, clothing, and housing needs ____
We feel this is true because

   

(herewith a listing of the facts upon which the allegation of dangerous
or gravely disabled due to mental disorder is based, including pertinent
facts arising from the admission interview.)

 You will be held on the ward for a period up to 72 hours.
 This does not include weekends or holidays.

Your 72-hour period will begin    

(day and time.)

 During these 72 hours you will be evaluated by the hospital staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided free.

 

27(d) For each patient admitted for 72-hour evaluation and
28treatment, the facility shall keep with the patient’s medical record
29a record of the advisement given pursuant to subdivision (c) which
30shall include:

31(1) Name of person performing advisement.

32(2) Date.

33(3) Whether advisement was completed.

34(4) If not completed, a statement of good cause.

35If the advisement was not completed at admission, the
36advisement process shall be continued on the ward until completed.
37A record of the matters prescribed by subdivisions (a), (b), and (c)
38shall be kept with the patient’s medical record.

39begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 5202 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
40amended to read:end insert

P69   1

5202.  

The person or agency designated by the county shall
2prepare the petition and all other forms required in the proceeding,
3and shall be responsible for filing the petition. Before filing the
4petition, the person or agency designated by the county shall
5request the person or agency designated by the county and
6approved by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
7to provide prepetition screening to determine whether there is
8probable cause to believe the allegations. The person or agency
9providing prepetition screening shall conduct a reasonable
10investigation of the allegations and make a reasonable effort to
11personally interview the subject of the petition. The screening shall
12also determine whether the person will agree voluntarily to receive
13crisis intervention services or an evaluation in his own home or in
14a facility designated by the county and approved by the State
15Department ofbegin delete Socialend deletebegin insert Health Careend insert Services. Following prepetition
16screening, the person or agency designated by the county shall file
17the petition if satisfied that there is probable cause to believe that
18the person is, as a result of mental disorder, a danger to others, or
19to himself or herself, or gravely disabled, and that the person will
20not voluntarily receive evaluation or crisis intervention.

21If the petition is filed, it shall be accompanied by a report
22containing the findings of the person or agency designated by the
23county to provide prepetition screening. The prepetition screening
24report submitted to the superior court shall be confidential and
25shall be subject to the provisions of Section 5328.

26begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 5326.9 of the end insertbegin insertWelfare and Institutions Codeend insert
27begin insert is amended to read:end insert

28

5326.9.  

(a) Any alleged or suspected violation of the rights
29described in Chapter 2 (commencing with Section 5150) shall be
30investigated by the local director of mental health, or his or her
31designee. Violations of Sections 5326.2 to 5326.8, inclusive,
32concerning patients involuntarily detained for evaluation or
33treatment under this part, or as a voluntary patient for psychiatric
34evaluation or treatment to a health facility, as defined in Section
351250 of the Health and Safety Code, in which psychiatric
36evaluation or treatment is offered, shall also be investigated by the
37Director of Health Care Services, or his or her designee. Violations
38of Sections 5326.2 to 5326.8, inclusive, concerning persons
39committed to a state hospital shall also be investigated by the
40Director of State Hospitals, or his or her designee. If it is
P70   1determined by the local director of mental health, the Director of
2Health Care Services, or the Director of State Hospitals that a right
3has been violated, a formal notice of violation shall be issued.

4(b) Either the local director of mental health or the Director of
5Health Care Services, upon issuing a notice of violation, may take
6any or all of the following action:

7(1) Assign a specified time period during which the violation
8shall be corrected.

9(2) Referral to the Medical Board of California or other
10professional licensing agency. Such board shall investigate further,
11if warranted, and shall subject the individual practitioner to any
12penalty the board finds necessary and is authorized to impose.

13(3) begin deleteMake a recommendation to the State Department of Social
14Services to revoke the approval of the county facility designation.
15The local director of mental health may revoke end delete
begin insertRevoke end inserta facility’s
16designation and authorization under Section 5404 to evaluate and
17treat persons detained involuntarily.

18(4) Refer any violation of law to a local district attorney or the
19Attorney General for prosecution in any court with jurisdiction.

20(c) The Director of State Hospitals, upon issuing a notice of
21violation, may take any or all of the following actions:

22(1) Assign a specified time period during which the violation
23shall be corrected.

24(2) Make a referral to the Medical Board of California or other
25professional licensing agency. The board or agency shall
26investigate further, if warranted, and shall subject the individual
27practitioner to any penalty the board finds necessary and is
28authorized to impose.

29(3) Refer any violation of law to a local district attorney or the
30Attorney General for prosecution in any court with jurisdiction.

31(d) Any physician who intentionally violates Sections 5326.2
32to 5326.8, inclusive, shall be subject to a civil penalty of not more
33than five thousand dollars ($5,000) for each violation. The penalty
34may be assessed and collected in a civil action brought by the
35Attorney General in a superior court. Such intentional violation
36shall be grounds for revocation of license.

37(e) Any person or facility found to have knowingly violated the
38provisions of the first paragraph of Section 5325.1 or to have
39denied without good cause any of the rights specified in Section
405325 shall pay a civil penalty, as determined by the court, of fifty
P71   1dollars ($50) per day during the time in which the violation is not
2 corrected, commencing on the day on which a notice of violation
3was issued, not to exceed one thousand dollars ($1,000), for each
4and every violation, except that any liability under this provision
5shall be offset by an amount equal to a fine or penalty imposed for
6the same violation under the provisions of Sections 1423 to 1425,
7inclusive, or 1428 of the Health and Safety Code. These penalties
8shall be deposited in the general fund of the county in which the
9violation occurred. The local district attorney or the Attorney
10General shall enforce this section in any court with jurisdiction.
11Where the State Department of Public Health, under the provisions
12of Sections 1423 to 1425, inclusive, of the Health and Safety Code,
13determines that no violation has occurred, the provisions of
14paragraph (4) of subdivision (b) shall not apply.

15(f) The remedies provided by this subdivision shall be in addition
16to and not in substitution for any other remedies which an
17individual may have under law.

18begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 5358 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
19amended to read:end insert

20

5358.  

(a) (1) When ordered by the court after the hearing
21required by this section, a conservator appointed pursuant to this
22chapter shall place his or her conservatee as follows:

23(A) For a conservatee who is gravely disabled, as defined in
24subparagraph (A) of paragraph (1) of subdivision (h) of Section
255008, in the least restrictive alternative placement, as designated
26by the court.

27(B) For a conservatee who is gravely disabled, as defined in
28subparagraph (B) of paragraph (1) of subdivision (h) of Section
295008, in a placement that achieves the purposes of treatment of
30the conservatee and protection of the public.

31(2) The placement may include a medical, psychiatric, nursing,
32or other state-licensed facility, or a state hospital, county hospital,
33hospital operated by the Regents of the University of California,
34a United States government hospital, or other nonmedical facility
35approved by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
36or an agency accredited by the State Department of Health Care
37Services, or in addition to any of the foregoing, in cases of chronic
38alcoholism, to a county alcoholic treatment center.

39(b) A conservator shall also have the right, if specified in the
40court order, to require his or her conservatee to receive treatment
P72   1related specifically to remedying or preventing the recurrence of
2the conservatee’s being gravely disabled, or to require his or her
3conservatee to receive routine medical treatment unrelated to
4remedying or preventing the recurrence of the conservatee’s being
5gravely disabled. Except in emergency cases in which the
6conservatee faces loss of life or serious bodily injury, no surgery
7shall be performed upon the conservatee without the conservatee’s
8prior consent or a court order obtained pursuant to Section 5358.2
9specifically authorizing that surgery.

10(c) (1) For a conservatee who is gravely disabled, as defined
11in subparagraph (A) of paragraph (1) of subdivision (h) of Section
125008, if the conservatee is not to be placed in his or her own home
13or the home of a relative, first priority shall be to placement in a
14suitable facility as close as possible to his or her home or the home
15of a relative. For the purposes of this section, suitable facility
16means the least restrictive residential placement available and
17necessary to achieve the purpose of treatment. At the time that the
18court considers the report of the officer providing conservatorship
19investigation specified in Section 5356, the court shall consider
20available placement alternatives. After considering all the evidence
21the court shall determine the least restrictive and most appropriate
22alternative placement for the conservatee. The court shall also
23determine those persons to be notified of a change of placement.
24The fact that a person for whom conservatorship is recommended
25is not an inpatient shall not be construed by the court as an
26indication that the person does not meet the criteria of grave
27disability.

28(2) For a conservatee who is gravely disabled, as defined in
29subparagraph (B) of paragraph (1) of subdivision (h) of Section
305008, first priority shall be placement in a facility that achieves
31the purposes of treatment of the conservatee and protection of the
32public. The court shall determine the most appropriate placement
33 for the conservatee. The court shall also determine those persons
34to be notified of a change of placement, and additionally require
35the conservator to notify the district attorney or attorney
36representing the originating county prior to any change of
37placement.

38(3) For any conservatee, if requested, the local mental health
39director shall assist the conservator or the court in selecting a
40placement facility for the conservatee. When a conservatee who
P73   1is receiving services from the local mental health program is
2placed, the conservator shall inform the local mental health director
3of the facility’s location and any movement of the conservatee to
4another facility.

5(d) (1) Except for a conservatee who is gravely disabled, as
6defined in subparagraph (B) of paragraph (1) of subdivision (h)
7of Section 5008, the conservator may transfer his or her conservatee
8to a less restrictive alternative placement without a further hearing
9and court approval. In any case in which a conservator has
10reasonable cause to believe that his or her conservatee is in need
11of immediate more restrictive placement because the condition of
12the conservatee has so changed that the conservatee poses an
13immediate and substantial danger to himself or herself or others,
14the conservator shall have the right to place his or her conservatee
15in a more restrictive facility or hospital. Notwithstanding Section
165328, if the change of placement is to a placement more restrictive
17than the court-determined placement, the conservator shall provide
18written notice of the change of placement and the reason therefor
19to the court, the conservatee’s attorney, the county patient’s rights
20advocate and any other persons designated by the court pursuant
21to subdivision (c).

22(2) For a conservatee who is gravely disabled, as defined in
23subparagraph (B) of paragraph (1) of subdivision (h) of Section
245008, the conservator may not transfer his or her conservatee
25without providing written notice of the proposed change of
26placement and the reason therefor to the court, the conservatee’s
27attorney, the county patient’s rights advocate, the district attorney
28of the county that made the commitment, and any other persons
29designated by the court to receive notice. If any person designated
30to receive notice objects to the proposed transfer within 10 days
31after receiving notice, the matter shall be set for a further hearing
32and court approval. The notification and hearing is not required
33for the transfer of persons between state hospitals.

34(3) At a hearing where the conservator is seeking placement to
35a less restrictive alternative placement pursuant to paragraph (2),
36the placement shall not be approved where it is determined by a
37preponderance of the evidence that the placement poses a threat
38to the safety of the public, the conservatee, or any other individual.

39(4) A hearing as to placement to a less restrictive alternative
40placement, whether requested pursuant to paragraph (2) or pursuant
P74   1to Section 5358.3, shall be granted no more frequently than is
2provided for in Section 5358.3.

3begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 5366.1 of the end insertbegin insertWelfare and Institutions Codeend insert
4begin insert is amended to read:end insert

5

5366.1.  

begin insert(a)end insertbegin insertend insert Any person detained as of June 30, 1969, under
6court commitment, in a private institution, a county psychiatric
7hospital, facility of the Veterans Administration, or other agency
8of the United States government, community mental health service,
9or detained in a state hospital or facility of the Veterans
10Administration upon application of a local health officer, pursuant
11to former Section 5567 or Sections 6000 to 6019, inclusive, as
12they read immediately preceding July 1, 1969, may be detained,
13after January 1, 1972, for a period no longer than 180 days, except
14as provided in this section.

begin delete

15Any

end delete

16begin insert(b)end insertbegin insertend insertbegin insertAny end insertperson detained pursuant to this section on the effective
17date of this section shall be evaluated by the facility designated
18by the county and approved by the State Department ofbegin delete Socialend delete
19begin insert Health Careend insert Services pursuant to Section 5150 as a facility for
2072-hour treatment and evaluation. The evaluation shall be made
21at the request of the person in charge of the institution in which
22the person is detained. If in the opinion of the professional person
23in charge of the evaluation and treatment facility or his or her
24designee, the evaluation of the person can be made by the
25professional person or his or her designee at the institution in which
26the person is detained, the person shall not be required to be
27evaluated at the evaluation and treatment facility, but shall be
28evaluated at the institution where he or she is detained, or other
29place to determine if the person is a danger to others, himself or
30herself, or gravely disabled as a result of mental disorder.

begin delete

31Any

end delete

32begin insert(c)end insertbegin insertend insertbegin insertAny end insertperson evaluated under this section shall be released
33from the institution in which he or she is detained immediately
34upon completion of the evaluation if in the opinion of the
35professional person in charge of the evaluation and treatment
36facility, or his or her designee, the person evaluated is not a danger
37to others, or to himself or herself, or gravely disabled as a result
38of mental disorder, unless the person agrees voluntarily to remain
39in the institution in which he or she has been detained.

begin delete

40If

end delete

P75   1begin insert(d)end insertbegin insertend insertbegin insertIf end insertin the opinion of the professional person in charge of the
2facility or his or her designee, the person evaluated requires
3intensive treatment or recommendation for conservatorship, the
4professional person or his or her designee shall proceed under
5Article 4 (commencing with Section 5250) of Chapter 2, or under
6Chapter 3 (commencing with Section 5350), of Part 1 of Division
75.

begin delete

8If

end delete

9begin insert(e)end insertbegin insertend insertbegin insertIf end insertit is determined from the evaluation that the person is
10gravely disabled and a recommendation for conservatorship is
11made, and if the petition for conservatorship for the person is not
12filed by June 30, 1972, the court commitment or detention under
13a local health officer application for the person shall terminate and
14the patient shall be released unless he or she agrees to accept
15treatment on a voluntary basis.

16begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 5404 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
17amended to read:end insert

18

5404.  

(a) Each county may designate facilities, which are not
19hospitals or clinics, as 72-hour evaluation and treatment facilities
20and as 14-day intensive treatment facilities if the facilities meet
21those requirements as the Director ofbegin delete Socialend deletebegin insert Health Careend insert Services
22begin delete shallend deletebegin insert mayend insert establish by regulation. The Director ofbegin delete Socialend deletebegin insert Health
23Careend insert
Services shall encourage the use by counties of appropriate
24facilities, which are not hospitals or clinics, for the evaluation and
25treatment of patients pursuant to this part.

26(b) All regulations relating to the approval of facilities
27designated by the county for 72-hour treatment and evaluation and
2814-day intensive treatment facilities, heretofore adopted by the
29State Department of Mental Healthbegin insert, or a successorend insert, shall remain
30in effect and shall be fully enforceable by the State Department of
31begin delete Socialend deletebegin insert Health Careend insert Services with respect to any facility or program
32required to be approved as a facility for 72-hour treatment and
33evaluation and 14-day intensive treatment facilities, unless and
34until readopted, amended, or repealed by the Director ofbegin delete Socialend delete
35begin insert Health Careend insert Services. The State Department ofbegin delete Socialend deletebegin insert Health Careend insert
36 Services shall succeed to and be vested with all duties, powers,
37purposes, functions, responsibilities, and jurisdiction of the State
38Department of Mental Healthbegin insert, or a successor,end insert as they relate to
39approval of facilities for 72-hour treatment and evaluation and
4014-day intensive treatment facilities.

P76   1begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 5405 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

5405.  

(a) This section shall apply to each facility licensed by
4the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services, or its
5delegated agent, on or after January 1, 2003. For purposes of this
6section, “facility” means psychiatric health facilities, as defined
7in Section 1250.2 of the Health and Safety Code, licensed pursuant
8to Chapter 9 (commencing with Section 77001) of Division 5 of
9Title 22 of the California Code of Regulations and mental health
10rehabilitation centers licensed pursuant to Chapter 3.5
11(commencing with Section 781.00) of Division 1 of Title 9 of the
12California Code of Regulations.

13(b) (1) (A) Prior to the initial licensure or first renewal of a
14license on or after January 1, 2003, of any person to operate or
15manage a facility specified in subdivision (a), the applicant or
16licensee shall submit fingerprint images and related information
17pertaining to the applicant or licensee to the Department of Justice
18for purposes of a criminal record check, as specified in paragraph
19(2), at the expense of the applicant or licensee. The Department
20of Justice shall provide the results of the criminal record check to
21thebegin delete departmentend deletebegin insert State Department of Health Care Servicesend insert. The
22begin delete departmentend deletebegin insert State Department of Health Care Servicesend insert may take
23into consideration information obtained from or provided by other
24government agencies. Thebegin delete departmentend deletebegin insert State Department of Health
25Care Servicesend insert
shall determine whether the applicant or licensee
26has ever been convicted of a crime specified in subdivision (c).
27The applicant or licensee shall submit fingerprint images and
28related information each time the position of administrator,
29manager, program director, or fiscal officer of a facility is filled
30and prior to actual employment for initial licensure or an individual
31who is initially hired on or after January 1, 2003. For purposes of
32this subdivision, “applicant” and “licensee” include the
33administrator, manager, program director, or fiscal officer of a
34facility.

35(B) Commencing July 1,begin delete 2012,end deletebegin insert 2013,end insert upon the employment of,
36or contract with or for, any direct care staff, the direct care staff
37person or licensee shall submit fingerprint images and related
38information pertaining to the direct care staff person to the
39Department of Justice for purposes of a criminal record check, as
40specified in paragraph (2), at the expense of the direct care staff
P77   1person or licensee. The Department of Justice shall provide the
2results of the criminal record check to thebegin delete departmentend deletebegin insert State
3Department of Health Care Servicesend insert
. Thebegin delete departmentend deletebegin insert State
4Department of Health Care Servicesend insert
shall determine whether the
5direct care staff person has ever been convicted of a crime specified
6in subdivision (c). Thebegin delete departmentend deletebegin insert State Department of Health
7Care Servicesend insert
shall notify the licensee of these results. No direct
8client contact by the trainee or newly hired staff, or by any direct
9care contractor shall occur prior to clearance by thebegin delete departmentend delete
10begin insert State Department of Health Care Servicesend insert unless the trainee, newly
11hired employee, contractor, or employee of the contractor is
12constantly supervised.

13(C) Commencing July 1,begin delete 2012,end deletebegin insert 2013,end insert any contract for services
14provided directly to patients or residents shall contain provisions
15to ensure that the direct services contractor submits to the
16Department of Justice fingerprint images and related information
17pertaining to the direct services contractor for submission to the
18State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services for purposes of
19a criminal record check, as specified in paragraph (2), at the
20expense of the direct services contractor or licensee. The
21Department of Justice shall provide the results of the criminal
22record check to thebegin delete departmentend deletebegin insert State Department of Health Care
23Servicesend insert
. Thebegin delete departmentend deletebegin insert State Department of Health Care Servicesend insert
24 shall determine whether the direct services contractor has ever
25been convicted of a crime specified in subdivision (c). The
26begin delete departmentend deletebegin insert State Department of Health Care Servicesend insert shall notify
27the licensee of these results.

28(2) If the applicant, licensee, direct care staff person, or direct
29services contractor specified in paragraph (1) has resided in
30California for at least the previous seven years, the applicant,
31licensee, direct care staff person, or direct services contractor shall
32only submit one set of fingerprint images and related information
33to the Department of Justice. The Department of Justice shall
34charge a fee sufficient to cover the reasonable cost of processing
35the fingerprint submission. Fingerprints and related information
36submitted pursuant to this subdivision include fingerprint images
37captured and transmitted electronically. When requested, the
38Department of Justice shall forward one set of fingerprint images
39to the Federal Bureau of Investigation for the purpose of obtaining
40any record of previous convictions or arrests pending adjudication
P78   1of the applicant, licensee, direct care staff person, or direct services
2contractor. The results of a criminal record check provided by the
3Department of Justice shall contain every conviction rendered
4against an applicant, licensee, direct care staff person, or direct
5services contractor, and every offense for which the applicant,
6licensee, direct care staff person, or direct services contractor is
7presently awaiting trial, whether the person is incarcerated or has
8been released on bail or on his or her own recognizance pending
9trial. Thebegin delete departmentend deletebegin insert State Department of the Health Care Servicesend insert
10 shall request subsequent arrest notification from the Department
11of Justice pursuant to Section 11105.2 of the Penal Code.

12(3) An applicant and any other person specified in this
13subdivision, as part of the background clearance process, shall
14provide information as to whether or not the person has any prior
15criminal convictions, has had any arrests within the past 12-month
16period, or has any active arrests, and shall certify that, to the best
17of his or her knowledge, the information provided is true. This
18requirement is not intended to duplicate existing requirements for
19individuals who are required to submit fingerprint images as part
20of a criminal background clearance process. Every applicant shall
21provide information on any prior administrative action taken
22against him or her by any federal, state, or local government agency
23and shall certify that, to the best of his or her knowledge, the
24information provided is true. An applicant or other person required
25to provide information pursuant to this section that knowingly or
26willfully makes false statements, representations, or omissions
27may be subject to administrative action, including, but not limited
28to, denial of his or her application or exemption or revocation of
29any exemption previously granted.

30(c) (1) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
31shall deny any application for any license, suspend or revoke any
32existing license, and disapprove or revoke any employment or
33contract for direct services, if the applicant, licensee, employee,
34or direct services contractor has been convicted of, or incarcerated
35for, a felony defined in subdivision (c) of Section 667.5 of, or
36subdivision (c) of Section 1192.7 of, the Penal Code, within the
37preceding 10 years.

38(2) The application for licensure or renewal of any license shall
39be denied, and any employment or contract to provide direct
40services shall be disapproved or revoked, if the criminal record of
P79   1the person includes a conviction in another jurisdiction for an
2offense that, if committed or attempted in this state, would have
3been punishable as one or more of the offenses referred to in
4paragraph (1).

5(d) (1) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
6may approve an application for, or renewal of, a license, or
7continue any employment or contract for direct services, if the
8person has been convicted of a misdemeanor offense that is not a
9crime upon the person of another, the nature of which has no
10bearing upon the duties for which the person will perform as a
11licensee, direct care staff person, or direct services contractor. In
12determining whether to approve the application, employment, or
13contract for direct services, the department shall take into
14consideration the factors enumerated in paragraph (2).

15(2) Notwithstanding subdivision (c), if the criminal record of a
16person indicates any conviction other than a minor traffic violation,
17the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services may deny
18the application for license or renewal, and may disapprove or
19revoke any employment or contract for direct services. In
20determining whether or not to deny the application for licensure
21or renewal, or to disapprove or revoke any employment or contract
22for direct services, the department shall take into consideration the
23following factors:

24(A) The nature and seriousness of the offense under
25consideration and its relationship to the person’s employment,
26duties, and responsibilities.

27(B) Activities since conviction, including employment or
28participation in therapy or education, that would indicate changed
29behavior.

30(C) The time that has elapsed since the commission of the
31conduct or offense and the number of offenses.

32(D) The extent to which the person has complied with any terms
33of parole, probation, restitution, or any other sanction lawfully
34imposed against the person.

35(E) Any rehabilitation evidence, including character references,
36submitted by the person.

37(F) Employment history and current employer recommendations.

38(G) Circumstances surrounding the commission of the offense
39that would demonstrate the unlikelihood of repetition.

P80   1(H) The granting by the Governor of a full and unconditional
2pardon.

3(I) A certificate of rehabilitation from a superior court.

4(e) Denial, suspension, or revocation of a license, or disapproval
5or revocation of any employment or contract for direct services
6specified in subdivision (c) and paragraph (2) of subdivision (d)
7are not subject to appeal, except as provided in subdivision (f).

8(f) After a review of the record, the director may grant an
9exemption from denial, suspension, or revocation of any license,
10or disapproval of any employment or contract for direct services,
11if the crime for which the person was convicted was a property
12crime that did not involve injury to any person and the director
13has substantial and convincing evidence to support a reasonable
14belief that the person is of such good character as to justify issuance
15or renewal of the license or approval of the employment or contract.

16(g) A plea or verdict of guilty, or a conviction following a plea
17of nolo contendere shall be deemed a conviction within the
18meaning of this section. The State Department ofbegin delete Socialend deletebegin insert Health
19Careend insert
Services may deny any application, or deny, suspend, or
20revoke a license, or disapprove or revoke any employment or
21contract for direct services based on a conviction specified in
22subdivision (c) when the judgment of conviction is entered or when
23an order granting probation is made suspending the imposition of
24sentence.

25(h) (1) For purposes of this section, “direct care staff” means
26any person who is an employee, contractor, or volunteer who has
27contact with other patients or residents in the provision of services.
28Administrative and licensed personnel shall be considered direct
29care staff when directly providing program services to participants.

30(2) An additional background check shall not be required
31pursuant to this section if the direct care staff or licensee has
32received a prior criminal history background check while working
33in a mental health rehabilitation center or psychiatric health facility
34licensed by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services,
35and provided the department has maintained continuous subsequent
36arrest notification on the individual from the Department of Justice
37since the prior criminal background check was initiated.

38(3) When an application is denied on the basis of a conviction
39pursuant to this section, the State Department ofbegin delete Socialend deletebegin insert Health
40Careend insert
Services shall provide the individual whose application was
P81   1denied with notice, in writing, of the specific grounds for the
2proposed denial.

3begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 5585.21 of the end insertbegin insertWelfare and Institutions Codeend insert
4begin insert is amended to read:end insert

5

5585.21.  

The Director ofbegin delete Socialend deletebegin insert Health Careend insert Services may
6promulgate regulations as necessary to implement and clarify the
7provisions of this part as they relate to minors.

8begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 5585.50 of the end insertbegin insertWelfare and Institutions Codeend insert
9begin insert is amended to read:end insert

10

5585.50.  

begin insert(a)end insertbegin insertend insert When any minor, as a result of mental disorder,
11is a danger to others, or to himself or herself, or gravely disabled
12and authorization for voluntary treatment is not available, a peace
13officer, member of the attending staff, as defined by regulation,
14of an evaluation facility designated by the county,begin delete designated
15members of a mobile crisis team provided by Section 5651.7,end delete
or
16other professional person designated by the county may, upon
17probable cause, take, or cause to be taken, the minor into custody
18and place him or her in a facility designated by the county and
19approved by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
20as a facility for 72-hour treatment and evaluation of minors. The
21facility shall make every effort to notify the minor’s parent or legal
22guardian as soon as possible after the minor is detained.

begin delete

23The

end delete

24begin insert(b)end insertbegin insertend insertbegin insertThe end insertfacility shall require an application in writing stating
25the circumstances under which the minor’s condition was called
26to the attention of the officer, member of the attending staff, or
27professional person, and stating that the officer, member of the
28attending staff, or professional person has probable cause to believe
29that the minor is, as a result of mental disorder, a danger to others,
30or to himself or herself, or gravely disabled and authorization for
31voluntary treatment is not available. If the probable cause is based
32on the statement of a person other than the officer, member of the
33attending staff, or professional person, the person shall be liable
34in a civil action for intentionally giving a statement which he or
35she knows to be false.

36begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 5585.55 of the end insertbegin insertWelfare and Institutions Codeend insert
37begin insert is amended to read:end insert

38

5585.55.  

The minor committed for involuntary treatment under
39this part shall be placed in abegin insert mentalend insert health facility designated by
40the county and approved by the State Department ofbegin delete Socialend deletebegin insert Health
P82   1Careend insert
Services as a facility for 72-hour evaluation and treatment.
2Except as provided for in Section 5751.7, each county shall ensure
3that minors under 16 years of age are not held with adults receiving
4psychiatric treatment under the provisions of the
5Lanterman-Petris-Short Act (Part 1 (commencing with Section
65000)).

7begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 5675 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
8amended to read:end insert

9

5675.  

(a) Mental health rehabilitation centers shall only be
10licensed by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
11subsequent to application by counties, county contract providers,
12or other organizations. In the application for a mental health
13rehabilitation center, program evaluation measures shall include,
14but not be limited to:

15(1) That the clients placed in the facilities show improved global
16assessment scores, as measured by preadmission and postadmission
17tests.

18(2) That the clients placed in the facilities demonstrate improved
19functional behavior as measured by preadmission and
20postadmission tests.

21(3) That the clients placed in the facilities have reduced
22medication levels as determined by comparison of preadmission
23and postadmission records.

24(b) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
25conduct annual licensing inspections of mental health rehabilitation
26centers.

27(c) All regulations relating to the licensing of mental health
28rehabilitation centers, heretofore adopted by the State Department
29of Mental Health,begin insert or its successor,end insert shall remain in effect and shall
30be fully enforceable by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
31 Services with respect to any facility or program required to be
32licensed as a mental health rehabilitation center, unless and until
33readopted, amended, or repealed by the Director ofbegin delete Socialend deletebegin insert Health
34Careend insert
Services. The State Department ofbegin delete Socialend deletebegin insert Health Careend insert
35 Services shall succeed to and be vested with all duties, powers,
36purposes, functions, responsibilities, and jurisdiction of the State
37Department of Mental Healthbegin insert, and its successor, if any,end insert as they
38relate to licensing mental health rehabilitation centers.

39begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 5675.1 of the end insertbegin insertWelfare and Institutions Codeend insert
40begin insert is amended to read:end insert

P83   1

5675.1.  

(a) In accordance with subdivision (b),begin delete the State
2Department of Social Services andend delete
the State Department of Health
3Care Services may establish a system for the imposition of prompt
4and effective civil sanctions for long-term care facilities licensed
5or certified bybegin delete those departmentsend deletebegin insert the departmentend insert, including
6facilities licensed under the provisions of Sections 5675 and 5768,
7and including facilities certified as providing a special treatment
8program under Sections 72443 tobegin delete 72474,end deletebegin insert 72475,end insert inclusive, of Title
922 of the California Code of Regulations.

10(b) If thebegin delete departments determineend deletebegin insert department determinesend insert that
11there is or has been a failure, in a substantial manner, on the part
12of any such facility to comply with the applicable laws and
13regulations, thebegin delete directorsend deletebegin insert directorend insert may impose the following
14sanctions:

15(1) A plan of corrective action that addresses all failure identified
16by thebegin delete departmentsend deletebegin insert departmentend insert and includes timelines for
17correction.

18(2) A facility that is issued a plan of corrective action, and that
19fails to comply with the plan and repeats the deficiency, may be
20subject to immediate suspension of its license or certification, until
21the deficiency is corrected, when failure to comply with the plan
22of correction may cause a health or safety risk to residents.

23(c) Thebegin delete departmentsend deletebegin insert departmentend insert may also establish procedures
24for the appeal of an administrative action taken pursuant to this
25section, including a plan of corrective action or a suspension of
26license or certification.

27begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 5675.2 of the end insertbegin insertWelfare and Institutions Codeend insert
28begin insert is amended to read:end insert

29

5675.2.  

(a) There is hereby created in the State Treasury the
30Mental Health Facility Licensing Fund, from which money, upon
31appropriation by the Legislature in the Budget Act, shall be
32expended by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services
33to fund administrative and other activities in support of the mental
34health licensing and certification functions of the State Department
35ofbegin delete Socialend deletebegin insert Health Careend insert Services. The Mental Health Facility
36Licensing Fund is the successor to the Licensing and Certification
37Fund, Mental Health, which fund is hereby abolished. All
38references in any law to the Licensing and Certification Fund,
39Mental Health shall be deemed to refer to the Mental Health
40Facility Licensing Fund.

P84   1(b) Commencing January 1, 2005, each new and renewal
2application for a license to operate a mental health rehabilitation
3center shall be accompanied by an application or renewal fee.

4(c) The amount of the fees shall be determined and collected
5by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services, but the
6total amount of the fees collected shall not exceed the actual costs
7of licensure and regulation of the centers, including, but not limited
8 to, the costs of processing the application, inspection costs, and
9other related costs.

10(d) Each license or renewal issued pursuant to this chapter shall
11expire 12 months from the date of issuance. Application for
12renewal of the license shall be accompanied by the necessary fee
13and shall be filed with the department at least 30 days prior to the
14expiration date. Failure to file a timely renewal may result in
15expiration of the license.

16(e) License and renewal fees collected pursuant to this section
17shall be deposited into the Mental Health Facility Licensing Fund.

18(f) Fees collected by the State Department ofbegin delete Socialend deletebegin insert Health
19Careend insert
Services pursuant to this section shall be expended by the
20State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services for the purpose
21of ensuring the health and safety of all individuals providing care
22and supervision by licensees and to support activities of the
23department, including, but not limited to, monitoring facilities for
24compliance with applicable laws and regulations.

25(g) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services may
26make additional charges to the facilities if additional visits are
27required to ensure that corrective action is taken by the licensee.

28begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 5751.7 of the end insertbegin insertWelfare and Institutions Codeend insert
29begin insert is amended to read:end insert

30

5751.7.  

begin insert(a)end insertbegin insertend insert For the purposes of this part and the
31Lanterman-Petris-Short Act (Part 1 (commencing with Section
325000)), the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services and
33the State Department of State Hospitals shall ensure that, whenever
34feasible, minors shall not be admitted into psychiatric treatment
35with adults if the health facility has no specific separate housing
36arrangements, treatment staff, and treatment programs designed
37 to serve children or adolescents. The Director ofbegin delete Socialend deletebegin insert Health
38Careend insert
Services shall provide waivers to counties, upon their request,
39if this policy creates undue hardship in any county due to
40inadequate or unavailable alternative resources. In granting the
P85   1waivers, the Director ofbegin delete Socialend deletebegin insert Health Careend insert Services shall require
2the county to establish specific treatment protocols and
3administrative procedures for identifying and providing appropriate
4treatment to minors admitted with adults.

begin delete

5However,

end delete

6begin insert(b)end insertbegin insertend insertbegin insertHowever, end insertnotwithstanding any other provision of law, no
7minor may be admitted for psychiatric treatment into the same
8treatment ward as any adult receiving treatment who is in the
9custody of any jailor for a violent crime, is a known registered sex
10offender, or has a known history of, or exhibits inappropriate,
11sexual, or other violent behavior which would present a threat to
12the physical safety of minors.

13begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 5768 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
14amended to read:end insert

15

5768.  

(a) Notwithstanding any other provision of law, except
16as to requirements relating to fire and life safety of persons with
17mental illness, the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
18 Services, in its discretion, may permit new programs to be
19developed and implemented without complying with licensure
20requirements established pursuant to existing state law.

21(b) Any program developed and implemented pursuant to
22subdivision (a) shall be reviewed at least once each six months,
23as determined by the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
24 Services.

25(c) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services may
26establish appropriate licensing requirements for these new
27programs upon a determination that the programs should be
28continued.

29(d) Within six years, any program shall require a licensure
30category if it is to be continued. However, in the event that any
31agency other than the State Department ofbegin delete Socialend deletebegin insert Health Careend insert
32 Services is responsible for developing a licensure category and
33fails to do so within the six years, the program may continue to be
34developed and implemented pursuant to subdivisions (a) and (b)
35until such time that the licensure category is established.

36(e) (1) A nongovernmental entity proposing a program shall
37submit a program application and plan to the local mental health
38director that describes at least the following components: clinical
39treatment programs, activity programs, administrative policies and
40procedures, admissions, discharge planning, health records content,
P86   1health records service, interdisciplinary treatment teams, client
2empowerment, patient rights, pharmaceutical services, program
3space requirements, psychiatric and psychological services,
4rehabilitation services, restraint and seclusion, space, supplies,
5equipment, and staffing standards. If the local mental health
6director determines that the application and plan are consistent
7with local needs and satisfactorily address the above components,
8he or she may approve the application and plan and forward them
9to the department.

10(2) Upon the State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services’
11approval, the local mental health director shall implement the
12program and shall be responsible for regular program oversight
13and monitoring. The department shall be notified in writing of the
14outcome of each review of the program by the local mental health
15director, or his or her designee, for compliance with program
16requirements. The department shall retain ultimate responsibility
17for approving the method for review of each program, and the
18authority for determining the appropriateness of the local program’s
19oversight and monitoring activities.

20(f) Governmental entities proposing a program shall submit a
21program application and plan to the State Department ofbegin delete Socialend delete
22begin insert Health Careend insert Services that describes at least the components
23described in subdivision (e). Upon approval, the department shall
24be responsible for program oversight and monitoring.

25(g) Implementation of a program shall be contingent upon the
26State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services’ approval, and
27the department may reject applications or require modifications
28as it deems necessary. The department shall respond to each
29proposal within 90 days of receipt.

30(h) The State Department ofbegin delete Socialend deletebegin insert Health Careend insert Services shall
31submit an evaluation to the Legislature of all pilot projects
32authorized pursuant to this section within five years of the
33commencement of operation of the pilot project, determining the
34effectiveness of that program or facility, or both, based on, but not
35limited to, changes in clinical indicators with respect to client
36functions.

37begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 5840 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
38amended to read:end insert

39

5840.  

(a) The State Department of Health Care Services, in
40coordination with counties, shall establish a program designed to
P87   1prevent mental illnesses from becoming severe and disabling. The
2program shall emphasize improving timely access to services for
3underserved populations.

4(b) The program shall include the following components:

5(1) Outreach to families, employers, primary care health care
6providers, and others to recognize the early signs of potentially
7severe and disabling mental illnesses.

8(2) Access and linkage to medically necessary care provided
9by county mental health programs for children with severe mental
10illness, as defined in Section 5600.3, and for adults and seniors
11with severe mental illness, as defined in Section 5600.3, as early
12in the onset of these conditions as practicable.

13(3) Reduction in stigma associated with either being diagnosed
14with a mental illness or seeking mental health services.

15(4) Reduction in discrimination against people with mental
16illness.

17(c) The program shall include mental health services similar to
18those provided under other programs effective in preventing mental
19illnesses from becoming severe, and shall also include components
20similar to programs that have been successful in reducing the
21duration of untreated severe mental illnesses and assisting people
22in quickly regaining productive lives.

23(d) The program shall emphasize strategies to reduce the
24following negative outcomes that may result from untreated mental
25illness:

26(1) Suicide.

27(2) Incarcerations.

28(3) School failure or dropout.

29(4) Unemployment.

30(5) Prolonged suffering.

31(6) Homelessness.

32(7) Removal of children from their homes.

33(e) Prevention and early intervention funds may be used to
34broaden the provision of community-based mental health services
35by adding prevention and early intervention services or activities
36to these services.

37(f) In consultation with mental health stakeholders, and
38consistent withbegin delete guidelinesend deletebegin insert regulationsend insert from the Mental Health
39Services Oversight and Accountability Commission, pursuant to
40Section 5846, the department shall revise the program elements
P88   1in Section 5840 applicable to all county mental health programs
2in future years to reflect what is learned about the most effective
3prevention and intervention programs for children, adults, and
4seniors.

5begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 5845 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
6amended to read:end insert

7

5845.  

(a) The Mental Health Services Oversight and
8Accountability Commission is hereby established to oversee Part
93 (commencing with Section 5800), the Adult and Older Adult
10Mental Health System of Care Act; Part 3.1 (commencing with
11Section 5820), Human Resources, Education, and Training
12Programs; Part 3.2 (commencing with Section 5830), Innovative
13Programs; Part 3.6 (commencing with Section 5840), Prevention
14and Early Intervention Programs; and Part 4 (commencing with
15Section 5850), the Children’s Mental Health Services Act. The
16commission shall replace the advisory committee established
17pursuant to Section 5814. The commission shall consist of 16
18voting members as follows:

19(1) The Attorney General or his or her designee.

20(2) The Superintendent of Public Instruction or his or her
21designee.

22(3) The Chairperson of the Senate Health and Human Services
23Committee or another member of the Senate selected by the
24President pro Tempore of the Senate.

25(4) The Chairperson of the Assembly Health Committee or
26another member of the Assembly selected by the Speaker of the
27Assembly.

28(5) Two persons with a severe mental illness, a family member
29of an adult or senior with a severe mental illness, a family member
30of a child who has or has had a severe mental illness, a physician
31specializing in alcohol and drug treatment, a mental health
32professional, a county sheriff, a superintendent of a school district,
33a representative of a labor organization, a representative of an
34employer with less than 500 employees and a representative of an
35employer with more than 500 employees, and a representative of
36a health care services plan or insurer, all appointed by the
37Governor. In making appointments, the Governor shall seek
38individuals who have had personal or family experience with
39mental illness.

P89   1(b) Members shall serve without compensation, but shall be
2reimbursed for all actual and necessary expenses incurred in the
3performance of their duties.

4(c) The term of each member shall be three years, to be
5staggered so that approximately one-third of the appointments
6expire in each year.

7(d) In carrying out its duties and responsibilities, the commission
8may do all of the following:

9(1) Meet at least once each quarter at any time and location
10convenient to the public as it may deem appropriate. All meetings
11of the commission shall be open to the public.

12(2) Within the limit of funds allocated for these purposes,
13pursuant to the laws and regulations governing state civil service,
14employ staff, including any clerical, legal, and technical assistance
15as may appear necessary. The commission shall administer its
16operations separate and apart from the State Department of Health
17Care Servicesbegin insert and the California Health and Human Services
18Agencyend insert
.

19(3) Establish technical advisory committees such as a committee
20of consumers and family members.

21(4) Employ all other appropriate strategies necessary or
22convenient to enable it to fully and adequately perform its duties
23and exercise the powers expressly granted, notwithstanding any
24authority expressly granted to any officer or employee of state
25government.

26(5) Enter into contracts.

27(6) Obtain data and information from the State Department of
28Health Care Services, the Office of Statewide Health Planning and
29Development, or other state or local entities that receive Mental
30Health Services Act funds, for the commission to utilize in its
31oversight, review, training and technical assistance, accountability,
32and evaluation capacity regarding projects and programs supported
33with Mental Health Services Act funds.

34(7) Participate in the joint state-county decisionmaking process,
35as contained in Section 4061, for training, technical assistance,
36and regulatory resources to meet the mission and goals of the
37state’s mental health system.

38(8) Develop strategies to overcome stigma and discrimination,
39and accomplish all other objectives of Part 3.2 (commencing with
P90   1Section 5830), 3.6 (commencing with Section 5840), and the other
2provisions of the act establishing this commission.

3(9) At any time, advise the Governor or the Legislature regarding
4actions the state may take to improve care and services for people
5with mental illness.

6(10) If the commission identifies a critical issue related to the
7performance of a county mental health program, it may refer the
8issue to the State Department of Health Care Services pursuant to
9Section 5655.

10(11) Assist in providing technical assistance to accomplish the
11purposes of the Mental Health Services Act, Part 3 (commencing
12with Section 5800), and Part 4 (commencing with Section 5850)
13in collaboration with the State Department of Health Care Services
14and in consultation with the California Mental Health Directors
15Association.

16(12) Work in collaboration with the State Department of Health
17Care Services and the California Mental Health Planning Council,
18and in consultation with the California Mental Health Directors
19Association, in designing a comprehensive joint plan for a
20coordinated evaluation of client outcomes in the community-based
21mental health system, including, but not limited to, parts listed in
22subdivision (a). The California Health and Human Services Agency
23shall lead this comprehensive joint plan effort.

24begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 5846 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
25amended to read:end insert

26

5846.  

(a) The commission shallbegin delete issue guidelines forend deletebegin insert adopt
27regulations for programs andend insert
expenditures pursuant to Part 3.2
28(commencing with Section 5830), for innovative programs, and
29Part 3.6 (commencing with Section 5840), for prevention and early
30interventionbegin delete, no later than 180 days before the fiscal year for which
31the funds will applyend delete
.

begin insert

32(b) Any regulations adopted by the department pursuant to
33Section 5898 shall be consistent with the commission’s regulations.

end insert
begin delete

34(b)

end delete

35begin insert(c)end insert The commission may provide technical assistance to any
36county mental health plan as needed to address concerns or
37recommendations of the commission or when local programs could
38benefit from technical assistance for improvement of their plans.

begin delete

39(c)

end delete

P91   1begin insert(d)end insert The commission shall ensure that the perspective and
2participation of diverse community members reflective of
3California populations and others suffering from severe mental
4illness and their family members is a significant factor in all of its
5decisions and recommendations.

6begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 5909 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
7amended to read:end insert

8

5909.  

begin insert(a)end insertbegin insertend insert The Director of Health Care Services shall retain
9the authority and responsibility to monitor and approve special
10treatment programs in skilled nursing facilities in accordance with
11Sections 72443 tobegin delete 72474end deletebegin insert 72475end insert, inclusive, of Title 22 of the
12California Code of Regulations.

begin insert

13(b) The State Department of Health Care Services shall conduct
14annual certification inspections of special treatment programs for
15the mentally disordered for the purpose of approving the special
16treatment programs that are located in skilled nursing facilities
17licensed pursuant to Section 1265 of the Health and Safety Code.

end insert
18begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 6007 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
19amended to read:end insert

begin delete
20

6007.  

Any person detained as of June 30, 1969, in a private
21institution, pursuant to former Sections 6030 to 6033, inclusive,
22as they read immediately preceding July 1, 1969, on the
23certification of one physician, may be detained after July 1, 1969,
24for a period no longer than 90 days.

25Any

26person detained as of June 30, 1969, in a private institution,
27pursuant to such sections, on the certification of two physicians,
28may be detained after July 1, 1969, for a period no longer than 180
29days.

30Any

end delete
31begin insert

begin insert6007.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertAny end insertperson detained pursuant to this sectionbegin delete after
32July 1, 1969,end delete
shall be evaluated by the facility designated by the
33county and approved by the State Department ofbegin delete Socialend deletebegin insert Health
34Careend insert
Services pursuant to Section 5150 as a facility for 72-hour
35treatment and evaluation. The evaluation shall be made at the
36request of the person in charge of the private institution in which
37the person is detained or by one of the physicians who signed the
38certificate. If in the opinion of the professional person in charge
39of the evaluation and treatment facility or his or her designee, the
40evaluation of the person can be made by the professional person
P92   1or his or her designee at the private institution in which the person
2is detained, the person shall not be required to be evaluated at the
3evaluation and treatment facility, but shall be evaluated at the
4private institution to determine if the person is a danger to others,
5himself or herself, or gravely disabled as a result of mental
6disorder.

begin delete

7Any

end delete

8begin insert(b)end insertbegin insertend insertbegin insertAny end insertperson evaluated under this section shall be released
9from the private institution immediately upon completion of the
10evaluation if in the opinion of the professional person in charge
11of the evaluation and treatment facility, or his or her designee, the
12person evaluated is not a danger to others, or to himself or herself,
13or gravely disabled as a result of mental disorder, unless the person
14agrees voluntarily to remain in the private institution.

begin delete

15If

end delete

16begin insert(c)end insertbegin insertend insertbegin insertIf end insertin the opinion of the professional person in charge of the
17facility or his or her designee, the person evaluated requires
18intensive treatment or recommendation for conservatorship, the
19professional person or his or her designee shall proceed under
20Article 4 (commencing with Section 5250) of Chapter 2, or under
21Chapter 3 (commencing with Section 5350), of Part 1 of Division
225.

23begin insert

begin insertSEC. 53.end insert  

end insert

begin insertSection 6551 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
24amended to read:end insert

25

6551.  

begin insert(a)end insertbegin insertend insert If the court is in doubt as to whether the person is
26mentally disordered orbegin delete mentally retardedend deletebegin insert intellectually disabledend insert,
27the court shall order the person to be taken to a facility designated
28by the county and approved by the State Department ofbegin delete Socialend delete
29begin insert Health Careend insert Services as a facility for 72-hour treatment and
30evaluation. Thereupon, Article 1 (commencing with Section 5150)
31of Chapter 2 of Part 1 of Division 5 applies, except that the
32professional person in charge of the facility shall make a written
33report to the court concerning the results of the evaluation of the
34person’s mental condition. If the professional person in charge of
35the facility finds the person is, as a result of mental disorder, in
36need of intensive treatment, the person may be certified for not
37more than 14 days of involuntary intensive treatment if the
38conditions set forth in subdivision (c) of Section 5250 and
39subdivision (b) of Section 5260 are complied with. Thereupon,
40Article 4 (commencing with Section 5250) of Chapter 2 of Part 1
P93   1of Division 5 shall apply to the person. The person may be detained
2pursuant to Article 4.5 (commencing with Section 5260), or Article
34.7 (commencing with Section 5270.10), or Article 6 (commencing
4with Section 5300) of Part 1 of Division 5 if that article applies.

begin delete

5If

end delete

6begin insert(b)end insertbegin insertend insertbegin insertIf end insertthe professional person in charge of the facility finds that
7the person isbegin delete mentally retardedend deletebegin insert intellectually disabledend insert, the juvenile
8court may direct the filing in any other court of a petition for the
9commitment of a minor asbegin delete a mentally retardedend deletebegin insert an intellectually
10disabledend insert
person to the State Department of Developmental Services
11for placement in a state hospital. In such case, the juvenile court
12shall transmit to the court in which the petition is filed a copy of
13the report of the professional person in charge of the facility in
14which the minor was placed for observation. The court in which
15the petition for commitment is filed may accept the report of the
16professional person in lieu of the appointment, or subpoenaing,
17and testimony of other expert witnesses appointed by the court, if
18the laws applicable to such commitment proceedings provide for
19the appointment by court of medical or other expert witnesses or
20may consider the report as evidence in addition to the testimony
21of medical or other expert witnesses.

begin delete

22If

end delete

23begin insert(cend insertbegin insert)end insertbegin insertend insertbegin insertIf end insertthe professional person in charge of the facility for 72-hour
24evaluation and treatment reports to the juvenile court that the minor
25is not affected with any mental disorder requiring intensive
26treatment orbegin delete mental retardationend delete