Amended in Senate June 16, 2014

Amended in Assembly January 16, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 357

Introduced by Assembly Member Pan

February 14, 2013

An act to begin delete add Article 7.5 (commencing with Section 124167) to Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, and to end delete repeal Chapter 13 (commencing with Section 12693.90) of Part 6.2 of Division 2 of the Insurance Code, begin insert and to add Section 14005.271 to the Welfare and Institutions Code, end insert relating to child health.

LEGISLATIVE COUNSEL’S DIGEST

AB 357, as amended, Pan. begin delete Children’s Health Advisory Board. end delete begin insert Medi-Cal Children’s Health Advisory Panel. end insert

Existing law requires the state to implement and administer various child health and disease prevention programs. Existing law establishes the Healthy Families Advisory Board, a 15-member advisory panel appointed by the Managed Risk Medical Insurance Board. Existing law provides for the transition of children from the Healthy Families Program to Medi-Cal, including the transfer of the Healthy Families Advisory Board to the State Department of Health Care Services.

This bill would repeal the Healthy Families Advisory Board and instead rename and recast the board as the begin delete Children’s Health Advisory Board, end delete begin insert Medi-Cal Children’s Health Advisory Panel, end insert an independent, statewide advisory body begin insert composed of 19 members end insert charged with begin delete developing a vision for children’s health in the state, among other tasks. The bill would also provide related legislative findings and declarations. end delete begin insert advising the State Department of Health Care Services on matters relevant to all children enrolled in Medi-Cal and their families, as specified. The bill would require that panel members, except as otherwise specified, be appointed by the department. The bill would specify the powers and duties of the panel and the department in this regard and would require that the department submit, on or before January 1, 2018, and every 5 years thereafter, a report to the Legislature on the advisory panel’s accomplishments, effectiveness, efficiency, and any recommendations for improving the ability of the advisory panel to fulfill its purpose. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The health and well-being of California’s children should
be among the state’s top priorities, and it is imperative that every
child in California has meaningful health coverage with benefits
that support healthy growth and development.

(b) Children’s health coverage should encompass more than
just treatment of diseases and illnesses, but also cover services and
care to promote healthy development and begin delete well-being. end delete begin insert well-being,
identify and intervene in problems early on, and prevent chronic
disease. end insert

(c) All children should receive care that meets recognized
standards of practice.

(d) For the first time in history, the current generation of children
is likely to be less healthy than their parents and live shorter lives.

(e) The incidences and types of chronic disease in children have
both increased and changed dramatically over the past four decades.
One in five children begin delete have end delete begin insert has end insert a mental health problem, and the
number of overweight children has tripled for preschoolers and
adolescents and quadrupled for children 6 to 11 years of age,
inclusive.

begin insert

(f) In 2013, California moved over 750,000 children who had
previously been enrolled in Healthy Families, California’s
Children’s Health Insurance program, into Medi-Cal, California’s
Medicaid program.

end insert begin insert

(g) Medi-Cal now provides health coverage for roughly 5 million
children, approximately one-half of all California children.

end insert begin delete

(f) Approximately 1.1 million children in California are
uninsured, and the quality of children’s health services and access
to these services reflect significant disparities in geographic, racial,
ethnic, and socioeconomic status.

(g)

end delete

begin insert ( end insert begin insert h) end insert  Children begin delete with special health care needs end delete begin insert eligible for Medi-Cal,
including children with chronic medical conditions and infectious
diseases eligible for California Children’s Services, foster youth
and former foster youth up to 26 years of age, and children from
medically underserved ethnic and geographic populations, end insert are
often those who experience the greatest challenges in accessing a
variety of the high-quality services they need.

begin insert

(i) In authorizing the Healthy Families transition, the
Legislature authorized the transfer of the Healthy Families
Advisory Panel to the State Department of Health Care Services,
which oversees Medi-Cal.

end insert begin insert

(j) The Healthy Families Advisory Panel was a 15-member
panel of stakeholders, including parents of children enrolled in
Healthy Families, that advised the Managed Risk Medical
Insurance Board on all policies, regulations, operations, and
implementation of the Healthy Families Program since the
program’s inception in 1998, made recommendations that helped
improve the quality of care for children in Healthy Families, and
served as an important venue for parents of enrollees, active
providers, and other experts to discuss ways to improve the
program.

end insert begin delete

(h) The administration and delivery of child health programs is
often ineffective, uncoordinated, and incomplete with little
accountability for quality.

end delete begin delete

(i)

end delete

begin insert (k) end insert  The modern epidemics facing children today have lifelong
consequences and present significant costs to the economy. The
failure to ensure the health of our children begin insert enrolled in Medi-Cal end insert
may jeopardize their ability to function effectively as adults and
for our state begin delete and nation end delete to remain strong and competitive in our
global society.

begin delete

SEC. 2.  

Article 7.5 (commencing with Section 124167) is added
to Chapter 3 of Part 2 of Division 106 of the Health and Safety
Code, to read:

 

Article 7.5.  Children’s Health Advisory Board

 

124167.  

(a) The Healthy Families Advisory Board established
by former Section 12693.90 of the Insurance Code is hereby
renamed the Children’s Health Advisory Board.

(b) The Children’s Health Advisory Board shall be an
independent, statewide advisory board that shall develop a vision
for children’s health in California, make recommendations on
improving child health systems, and set goals and standards for
children’s health coverage.

(c) The membership of the advisory board shall be composed
of the following 15 members:

(1) One member who is a licensed, practicing dentist, appointed
by the Governor.

(2) One representative from a licensed nonprofit primary care
clinic, appointed by the Governor.

(3) One representative of the mental health provider community,
appointed by the Governor.

(4) One representative from the health plan community,
appointed by the Governor.

(5) One representative from the business community, appointed
by the Governor.

(6) One physician and surgeon who is board certified in the area
of family practice medicine, appointed by the Senate Committee
on Rules.

(7) One representative from a licensed hospital that is on the
disproportionate share list maintained by the State Department of
Health Care Services, appointed by the Senate Committee on Rules.

(8) One representative of the substance abuse provider
community, appointed by the Senate Committee on Rules.

(9) One representative of the county public health provider
community, appointed by the Senate Committee on Rules.

(10) One representative from the education community,
appointed by the Senate Committee on Rules.

(11) Three representatives from the Medi-Cal population,
appointed by the Speaker of the Assembly.

(12) One physician and surgeon who is board certified in
pediatrics, appointed by the Speaker of the Assembly.

(13) One representative from a family with children with special
needs, appointed by the Speaker of the Assembly.

(d)

 
The advisory board members shall have demonstrated expertise
in providing health-related services to children 18 years of age and
under, as applicable.

(e) The advisory board shall elect, from among its members, its
chair.

(f) The advisory board’s powers and duties shall include, but
not be limited to, all of the following:

(1) To advise the Director of Health Care Services on all
policies, regulations, and operations of the Medi-Cal program
related to providing health care services to children.

(2) To consider all written recommendations of the advisory
board and respond in writing when the Director of Health Care
Services rejects the advice of the advisory board.

(3) To meet at least quarterly, unless deemed unnecessary by
the chair.

(g) The members of the advisory board shall be reimbursed for
all necessary travel expenses associated with the activities of the
advisory board.

(h) The State Department of Health Care Services shall provide
staff assistance to the advisory board.

(i)

 
The Legislature does not intend the addition of this section to
result in a new board but is instead a continuation of the prior board
established by former Section 12693.90 of the Insurance Code,
and therefore no new board members shall be appointed until a
vacancy occurs.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Chapter 13 (commencing with Section 12693.90) of
Part 6.2 of Division 2 of the Insurance Code is repealed.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 14005.271 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , end insert immediately following Section 14005.27 begin insert , to
read: end insert

begin insert

begin insert 14005.271. end insert   

(a) The Healthy Families Advisory Board
established by former Section 12693.90 of the Insurance Code is
hereby renamed the Medi-Cal Children’s Health Advisory Panel.

(b) The Medi-Cal Children’s Health Advisory Panel shall be
an independent, statewide advisory board that shall advise the
State Department of Health Care Services on matters relevant to
all children enrolled in Medi-Cal and their families, including,
but not limited to, emerging trends in the care of children, quality
measurements, communications between the State Department of
Health Care Services and Medi-Cal families, provider network
issues, and Medi-Cal enrollment issues.

(c) The membership of the advisory panel shall be composed
of the following 19 members:

(1) Three providers who currently participate in Medi-Cal,
including each of the following:

(A) One member who is a licensed, practicing dentist.

(B) One physician and surgeon who is board certified in the
area of family practice medicine.

(C) One physician and surgeon who is board certified in
pediatrics.

(2) Five representatives of provider organizations that currently
participate in Medi-Cal, including each of the following:

(A) One representative from a licensed nonprofit primary care
clinic.

(B) One representative from the mental health provider
community.

(C) One representative of the substance abuse provider
community.

(D) One representative of the county public health provider
community.

(E) One representative from a licensed hospital that is on the
disproportionate share list maintained by the State Department
of Health Care Services.

(3) (A) Five representatives of the Medi-Cal population, one
of each of the following:

(i) A current or former foster youth; an attorney, social worker,
probation officer, or court appointed special advocate who
currently represents one or more foster youth; a foster care service
provider; or a child welfare advocate.

(ii) A parent of a Medi-Cal enrollee who has received treatment
services under the California Children’s Services Program within
the past six months.

(iii) A Medi-Cal enrollee who has received services under the
Access for Infants and Mothers Program within the past six months.

(iv) A parent or legal guardian of a Medi-Cal enrollee under
21 years of age who has received mental health services under the
Early and Periodic Screening, Diagnostic, and Treatment Program
(EPSDT) within the past six months.

(v) A parent or legal guardian of a Medi-Cal enrollee who has
received services from the enrollee’s Medi-Cal dental managed
care plan within the past year.

(B) If a representative cannot be identified to meet the
requirements of any clause in subparagraph (A), a parent or legal
guardian of any Medi-Cal enrollee may be appointed to participate
in lieu of the individual specified in that clause.

(4) Two representatives from the Legislature, including each
of the following:

(A) One representative appointed by the Senate Committee on
Rules.

(B) One representative appointed by the Speaker of the
Assembly.

(5) Four additional representatives, including each of the
following:

(A) One representative from the health plan community.

(B) One representative from the business community.

(C) One representative from the education community.

(D) One in-person assister currently certified to enroll
individuals in Medi-Cal.

(d) The advisory panel shall elect, from among its members, its
chair. The chair shall be considered a member of the State
Department of Health Care Service’s Stakeholder Advisory
Committee.

(e) The advisory panel members, except as otherwise specified,
shall be appointed by the State Department of Health Care
Services, or in the case of vacancies of three months or greater,
by the chair.

(f) The advisory panel’s powers and duties include, but are not
limited to, all of the following:

(1) To advise the Director of Health Care Services on all
policies, regulations, and operations of the Medi-Cal program
related to providing health care services to children.

(2) To meet at least quarterly, unless deemed unnecessary by
the chair.

(g) The State Department of Health Care Services’s powers and
duties shall include, but not be limited to, all of the following:

(1) To provide general support and staff assistance to the
advisory panel.

(2) To convene and attend meetings of the advisory panel
quarterly, unless deemed unnecessary by the chair, at locations
that are easily accessible to the public and advisory panel
members, are of sufficient duration for presentation, discussion,
and public comment on each agenda item, and are in accordance
with the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
2 of the Government Code).

(3) To consider all written recommendations of the advisory
panel and respond in writing to each written recommendation.

(4) To reimburse the members of the advisory panel for all
necessary travel expenses associated with the activities of the
advisory panel, and to provide a stipend of one hundred dollars
($100) per meeting attended to each panel member who is a
Medi-Cal enrollee or a parent of a Medi-Cal enrollee.

(5) To maintain an Internet Web page on the department’s
Internet Web site dedicated to the advisory panel that shall include,
but not be limited to, all of the following:

(A) The purpose and scope of the advisory panel.

(B) The current membership of the advisory panel.

(C) A list of past and future meetings.

(D) Agendas and other materials made available for past and
future meetings.

(E) Recommendations submitted to the department by the
advisory panel.

(F) The department’s responses to recommendations submitted
by the advisory panel.

(G) Contact information for department staff assisting the
advisory panel.

(6) To inform advisory panel members when new information
is posted to the Internet Web page dedicated to the advisory panel.

(7) Notwithstanding Section 10231.5 of the Government Code,
to submit on or before January 1, 2018, and every five years
thereafter, a report to the Legislature on the advisory panel’s
accomplishments, effectiveness, efficiency, and any
recommendations for improving the ability of the advisory panel
to fulfill its purpose. The report shall be submitted in compliance
with Section 9795 of the Government Code.

(h) The Legislature does not intend the addition of this section
to result in a new panel, but rather a continuation of the prior
panel established by former Section 12693.90 of the Insurance
Code. New panel members shall not be appointed until a vacancy
occurs.

end insert