BILL NUMBER: AB 357 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN SENATE JULY 1, 2014
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 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. 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 Medi-Cal Children's Health
Advisory Panel, an independent, statewide advisory body composed of
19 15 members charged with 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
statutory changes needed to improve 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, 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 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.
(h) Children 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.
(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 to remain strong and competitive in our global society.
(l) Children enrolled in Medi-Cal and their families should
benefit from the Medi-Cal Children's Health Advisory Panel eventually
adopting changes that would allow the panel to better function in
its new environment at the State Department of Health Care Services
and within the changing landscape of the Medi-Cal program and its
stakeholder and advisory processes.
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 15 members:
(1) Three providers who currently participate in Medi-Cal,
including each of the following:
(A)
(1) One member who is a licensed, practicing dentist.
(B)
(2) One physician and surgeon who is board certified in
the area of family practice medicine.
(C)
(3) 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)
(4) One representative from a licensed nonprofit
primary care clinic.
(B)
(5) One representative from the mental health provider
community.
(C)
(6) One representative of the substance abuse provider
community.
(D)
(7) One representative of the county public health
provider community.
(E)
(8) 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)
(9) 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)
(10) 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)
(11) A Medi-Cal enrollee who has received services
under the Access for Infants and Mothers Program within the past six
months.
(iv)
(12) 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) One representative appointed by the Senate Committee on Rules.
(5) One representative appointed by the Speaker of the Assembly.
(6) Four additional representatives, including each of the
following:
(A)
(13) One representative from the health plan community.
(B)
(14) One representative from the business community.
(C)
(15) 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.
In order to coordinate the activities of the advisory
panel with other advisory bodies whose scope includes children
enrolled in Medi-Cal, the chair shall keep apprised of relevant
Medi-Cal stakeholder meetings by communicating with State Department
of Health Care Services staff assisting the advisory panel.
(e) The advisory panel members, except as otherwise specified in
paragraphs (4) and (5) of subdivision (c), 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, except for
vacancies for positions appointed pursuant to paragraphs (4) and (5)
of subdivision (c). chair.
(f) The advisory panel's powers and duties include, but are not
limited to, all both 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' 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 at
least 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)
(3) 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)
(4) 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)
(5) To inform advisory panel members when new
information is posted to the Internet Web page dedicated to the
advisory panel.
(7)
(6) 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 statutory
changes needed to improve 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.