BILL NUMBER: AB 357 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY JANUARY 16, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Pan
FEBRUARY 14, 2013
An act to 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 repeal Chapter 13 (commencing with
Section 12693.90) of Part 6.2 of Division 2 of the Insurance Code,
and to add Section 14005.271 to the Welfare and Institutions
Code, relating to child health.
LEGISLATIVE COUNSEL'S DIGEST
AB 357, as amended, Pan. Children's Health Advisory
Board. Medi-Cal Children's Health Advisory Panel.
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 Children's Health
Advisory Board, Medi-Cal Children's Health Advisory
Panel, an independent, statewide advisory body composed of
19 members charged with developing a vision for
children's health in the state, among other tasks. The bill would
also provide related legislative findings and declarations.
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.
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 well-being.
well-being, identify and intervene in problems early on, and
prevent chronic disease.
(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 have has 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.
(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.
(g) Medi-Cal now provides health coverage for roughly 5 million
children, approximately one-half of all California children.
(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)
( h) Children with special health
care needs 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, are often those who experience the
greatest challenges in accessing a variety of the high-quality
services they need.
(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.
(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.
(h) The administration and delivery of child health programs is
often ineffective, uncoordinated, and incomplete with little
accountability for quality.
(i)
(k) 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 enrolled in
Medi-Cal may jeopardize their ability to function effectively
as adults and for our state and nation to remain
strong and competitive in our global society.
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.
SEC. 3. SEC. 2. Chapter 13
(commencing with Section 12693.90) of Part 6.2 of Division 2 of the
Insurance Code is repealed.
SEC. 3. Section 14005.271 is added to the
Welfare and Institutions Code , immediately
following Section 14005.27 , to read:
14005.271. (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.