Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 771

Introduced by Assembly Member Jones

February 21, 2013

begin delete An act to amend Section 103 of the Business and Professions Code, relating to consumer affairs. end delete begin insert An act relating to public health. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 771, as amended, Jones. begin delete Department of Consumer Affairs. end delete begin insert Public health: wellness programs. end insert

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Existing law establishes various programs to prevent disease and promote health. Existing federal law, the Patient Protection and Affordable Care Act (PPACA), provides for the establishment, by July 1, 2014, of a 10-state wellness program demonstration project to promote health and prevent disease.

end insert begin insert

This bill would require the Secretary of California Health and Human Services to apply to the United States Secretary of Health and Human Services to allow California to be a participating pilot state in the wellness program demonstration project in accordance with federal law. The bill would also require the Secretary of California Health and Human Services to petition the United States Secretary of Health and Human Services to change federal regulations to allow an employer in California to offer employees rewards of up to 50% of the cost of health care coverage for participating in a wellness program that meets all of the requirements of PPACA.

end insert begin delete

Existing law establishes the Department of Consumer Affairs, which is comprised of various boards, commissions, and committees. Under existing law, members of specified boards, commissions, and committees who are not public officers or employees are authorized to receive per diem of $100 for each day actually spent in the discharge of official duties and traveling and other expenses necessarily incurred in the performance of official duties.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert begin insert

The Secretary of California Health and Human
Services shall apply to the United States Secretary of Health and
Human Services to allow California to be a participating pilot
state in the wellness program demonstration project that will be
established no later than July 1, 2014, in accordance with Section
1201 of the federal Patient Protection and Affordable Care Act
(Public Law 111-148).

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begin insert SEC. 2. end insert   

end insert begin insert

The Secretary of California Health and Human
Services shall petition the United States Secretary of Health and
Human Services to change federal regulations to allow an
employer in California to offer employees rewards of up to 50
percent of the cost of health care coverage for participating in a
wellness program that meets all of the requirements of the federal
Patient Protection and Affordable Care Act (Public Law 111-148).

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SECTION 1.  

Section 103 of the Business and Professions Code
is amended to read:

103.  

(a) Each member of a board, commission, or committee
created in the various chapters of Division 2 (commencing with
Section 500) and Division 3 (commencing with Section 5000),
and in Chapter 2 (commencing with Section 18600) and Chapter
3 (commencing with Section 19000) of Division 8, shall receive
the moneys specified in this section when authorized by the
respective provisions.

(b) Each member shall receive a per diem of one hundred dollars
($100) for each day actually spent in the discharge of official
duties, and shall be reimbursed for traveling and other expenses
necessarily incurred in the performance of official duties.

(c) The payments in each instance shall be made only from the
fund from which the expenses of the agency are paid and shall be
subject to the availability of money.

(d) Notwithstanding any other provision of law, no public officer
or employee shall receive per diem salary compensation for serving
on those boards, commissions, committees, or the Consumer
Advisory Council on any day when the officer or employee also
received compensation for his or her regular public employment.

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