Amended in Assembly April 11, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1263

Introduced by Assembly Member John A. Pérez

February 22, 2013

An act to add Chapter 13 (commencing with Section 3599.50) to Division 4 of Title 1 of the Government Code, and to add Article 4.6 (commencing with Section 14146) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to Medi-Cal.

LEGISLATIVE COUNSEL’S DIGEST

AB 1263, as amended, John A. Pérez. Medi-Cal: CommuniCal.

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. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides for increased administrative funding for translation and interpretation services provided in connection with the enrollment, retention, and use of services under the Medicaid Program.

This bill would require the department to establish the Medi-Cal Patient-Centered Communication program (CommuniCal), to be administered by a 3rd-party administrator, to, commencing July 1, 2014, provide and reimburse for medical interpretation services to Medi-Cal beneficiaries who are limited English proficient (LEP). This bill would establish the CommuniCal Program Fund in the State Treasury, which would consist of moneys dedicated to the CommuniCal program, to be used upon appropriation by the Legislature to the department solely to fund the CommuniCal program.

Existing law provides for the certification of administrative hearing interpreters and medical examination interpreters for purposes of administrative adjudications.

This bill would require the begin delete State Personnel Board end delete begin insert Department of Human Resources end insert to be the certifying body for CommuniCal certified medical interpreters (CCMIs), to establish a certifying examination for those interpreters, and to maintain a registry of those persons who pass the exam, as specified. Commencing July 1, 2014, the bill would require Spanish-language interpreters to pass the exam and be listed on the registry in order to be eligible to provide services under CommuniCal. The bill would require the begin delete State Personnel Board end delete begin insert Department of Human Resources end insert , by July 1, 2014, to determine appropriate testing, training, and experience standards for other language interpreters to also be placed on the registry as CCMIs, as specified. The bill would also require the begin delete State Personnel Board end delete begin insert Department of Human Resources end insert to establish and charge fees that do not exceed reasonable costs for applicants to take the exam and be certified and listed in the registry and would require the begin delete State Personnel Board end delete begin insert Department of Human Resources end insert to adopt quality standards and medical interpretation certification requirements through regulations. The bill would require the Department of Human Resources to notify the individual of the acceptance or denial of his or her inclusion on the registry within 10 days of the submission of the application.

The Ralph C. Dills Act provides for employer-employee relations between the state and its employees, as specified, including, among other things, the right of state employees to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations, as specified.

This bill would provide that CCMIs would have the right to form, join, and participate in the activities of a labor organization of their own choosing for the purpose of representation of specified employer-employee matters. The bill would provide that CCMIs would not be considered state employees for purposes of the bill, but would have the right to be represented by an exclusive labor organization of their own choosing for the purpose of collective bargaining with the state on matters of mutual concern, as specified.

The bill would provide that upon application by petition, authorization cards, or union membership cards of a labor organization adequately showing that a majority of CCMIs in the state desire to be represented exclusively by that labor organization, and no other labor organization is currently certified as the exclusive representative, the Public Employment Relations Board shall certify and grant exclusive representation to that labor organization, and would establish other election procedures to be administered by that board.

The bill would require that any agreement resulting from collective bargaining be legally binding upon the state and committed to writing, and would further require that, upon the completion of discussions and collective bargaining, any agreement be reduced to writing and be presented to the appropriate administrative, legislative, or other governing body in the form of a binding agreement, resolution, bill, law, or other form required for adoption.

The bill would provide that, after the certification of a labor organization, the state shall approve and have deducted, upon authorization in the case of dues deduction, from the appropriate reimbursement or other payment to the employee the monthly amount of dues or service fees as certified by an executive officer of the labor organization, and shall transmit the amount to the treasurer of the labor organization.

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) California has long been recognized as one of the most
racially and linguistically diverse states; the state is home to
residents who speak over 200 languages.

(b) Approximately one in five Californians is limited English
proficient (LEP) and identifies as speaking English less than very
well.

(c) Language access and the right to interpretation services is
required under Title VI of the federal Civil Rights Act of 1964,
the Dymally-Alatorre Bilingual Services Act of 1973 (Chapter
17.5 (commencing with Section 7290) of Division 7 of Title 1 of
the Government Code), the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of
Division 2 of the Health and Safety Code), Section 11135 of the
Government Code, Section 1259 of the Health and Safety Code,
and California civil rights law.

(d) The demand for medical interpretation services by Medi-Cal
beneficiaries is significant, with 45.2 percent of Medi-Cal
beneficiaries speaking a language other than English.

(e) The state will experience an even greater demand for
language services as health care reform measures are implemented
over the next few years and 35 percent of Californians expected
to become newly eligible for Medi-Cal as a result of the federal
Patient Protection and Affordable Care Act (Public Law 111-148)
will speak English less than well.

(f) In California, language assistance services are provided in
an uncoordinated manner that lacks transparency and
accountability, and a majority of services are currently provided
ad hoc by family members and friends or untrained staff.

(g) California has the opportunity to meet the growing demand
early on by accessing millions of dollars in federal matching funds
to provide medical interpretation services to LEP Medi-Cal
beneficiaries.

(h) Professional medical interpretation services help reduce
avoidable medical errors and provider malpractice liability for
physicians and other health care providers.

(i) A coordinated program to offer medical interpreter services
will improve health care outcomes for LEP Californians and help
control health care costs that result from a lack of access to
preventative and primary care.

SEC. 2.  

It is the intent of the Legislature to do all of the
following:

(a) Create the CommuniCal program, which shall provide
reliable access to language interpretation for Medi-Cal beneficiaries
who are limited English proficient.

(b) Establish a mechanism for accessing federal Medicaid
matching funds to provide a majority of the funding for the
CommuniCal program.

(c) Enable trained and qualified interpreters to meet the demand
for language services for a significant portion of the estimated
begin delete three million end delete begin insert 3,000,000 end insert Medi-Cal beneficiaries with limited English
proficiency.

(d) Facilitate accurate and timely communication between
limited-English-proficient patients and their health care providers,
which will improve quality of care, reduce medical errors, increase
patient understanding and compliance with health diagnoses and
care plans, and reduce the cost of health care by eliminating waste,
such as unnecessary tests and other care.

SEC. 3.  

Chapter 13 (commencing with Section 3599.50) is
added to Division 4 of Title 1 of the Government Code, to read:

 

Chapter  13. CommuniCal Certified Medical
Interpreters

 

Article 1.  Certification and Registration of CommuniCal
Medical Interpreters

 

3599.50.  

(a) For purposes of this chapter, the following
definitions apply:

(1) “CommuniCal” means the Medi-Cal Patient-Centered
Communication program established pursuant to Article 4.6
(commencing with Section 14146) of Chapter 7 of Part 3 of
Division 9 of the Welfare and Institutions Code.

(2) “CommuniCal certified medical interpreter” or “CCMI”
means an interpreter who has been certified pursuant to Section
3599.51.

(3) “Certifying body” means the begin delete State Personnel Board end delete
begin insert Department of Human Resources end insert .

(4) “Exam” means the CommuniCal Certified Medical
Interpreter Exam.

(b) Notwithstanding any other law, the begin delete State Personnel Board end delete
begin insert Department of Human Resources end insert shall serve as the CommuniCal
certified medical interpreter (CCMI) certifying body. The certifying
body shall select an examination through which competency will
be tested and provide for the certification of Spanish-language
medical interpretation within 120 days of the implementation of
this bill. The examination shall be known as the CommuniCal
Certified Medical Interpreter Exam. It shall have both an oral and
a written component. The oral component shall be conducted in
person in each of the major metropolitan areas in the State of
California.

3599.51.  

(a) The certifying body shall select a nonprofit
organization to administer the exam. The nonprofit organization
shall have a statewide presence. A list of all interpreters who pass
the exam shall be maintained by the certifying body and shall be
known as the CommuniCal Certified Medical Interpreter Registry.
A CCMI is someone who has passed the exam, is listed on the
registry, and has been issued a certificate by the certifying body
attesting that the person is a CommuniCal Certified Medical
Interpreter.

(b) (1) Commencing July 1, 2014, in order to be eligible to
provide services under CommuniCal, Spanish-language interpreters
shall be required to pass the exam and be listed on the registry.

(2) For those languages of lesser diffusion or languages for
which a recognized medical interpreter exam has not been created,
the certifying body shall determine, by July 1, 2014, with certified
medical interpreters and their exclusive representatives, appropriate
testing, training, and experience standards for interpreters to also
be placed on the registry and listed as CommuniCal Certified
Medical Interpreters.

(3) In order to meet anticipated demand for services under
CommuniCal, the state shall certify any of the following individuals
as certified interpreters and place them on the registry:

(A) An individual who can demonstrate that as of January 1,
2014, he or she has worked for a minimum of two years as an
in-person medical interpreter.

(B) An individual who has graduated from an accredited medical
interpreter training program at a college or university before
January 1, 2014.

(4) The Department of Human Resources shall notify the
individual of the acceptance or denial of his or her inclusion on
the registry within 10 days of the submission of the application.

(5) The effective date of the registry shall be January 1, 2014.

3599.52.  

(a) The certifying body shall establish and charge
fees, which do not exceed the reasonable costs, for applicants to
take the exam. The certifying body shall establish and charge a
single fee that does not exceed the reasonable costs for certification
and listing on the registry. The purpose of these fees is to cover
the annual projected costs of carrying out this article.

(b) Each CCMI shall pay a registry and certification fee, not to
exceed the reasonable costs, for the renewal of the certification
and continued listing on the registry. The registry and certificate
fee shall be due on July 1 of each year.

(c) The certifying body shall establish, maintain, administer,
and publish annually an updated registry of CCMIs. The certifying
body may remove the name of a person from the registry if any of
the following conditions occurs:

(1) The person is deceased.

(2) The person notifies the board that the person is unavailable
for work.

(3) The person does not submit a registry and certification fee
or renewal fee as required by subdivision (b).

(4) The person fails to meet the quality standards and medical
certification requirements established pursuant to Section 3599.53.

(d) For the 2013-14 fiscal year only, the fee for certification
and listing on the registry pursuant to paragraph (3) of subdivision
(b) of Section 3599.51 is waived.

3599.53.  

The certifying body shall adopt quality standards and
medical interpretation certification requirements through
regulations, which shall include, but not be limited to, maintaining
patient confidentiality and familiarity or experience working with
medical terminology. It shall determine the testing requirements
for certification in each language and create a list of those
languages where standards permit registration of the interpreter.

3599.54.  

The exclusive representative of CCMIs and a
nonprofit organization shall partner to create and administer a
training program for medical interpreters, in order to prepare
interpreters for the exam or other certification standards established
for languages of lesser diffusion and provide continuing education
for those CCMIs placed on the registry. A community advisory
committee shall be established to make recommendations on
interpreter certification and services.

3599.55.  

The relationship of CCMIs to all parties and recipients
of service is one of independent contractor, unless otherwise
specified by law.

3599.56.  

Only interpreters certified pursuant to this article shall
be represented by a labor organization for purposes of collective
bargaining pursuant to Article 2 (commencing with Section 3610).

 

Article 2.  Collective Bargaining for CommuniCal Certified
Medical Interpreters

 

3610.  

(a) CCMIs shall have the right to form, join, and
participate in the activities of a labor organization of their own
choosing for the purpose of representation on all matters specified
in this section. The state action antitrust exemption to the
application of federal and state antitrust laws is applicable to the
activities of CCMIs and their exclusive representatives authorized
under this article or other applicable law.

(b) CCMIs shall have the right to be represented by an exclusive
labor organization of their own choosing for the purpose of
collective bargaining with the State of California on matters of
mutual concern, including, but not limited to, the following:

(1) Development, maintenance, and application of the registry.

(2) The setting of reimbursements and rates for state-funded
medical interpreter programs.

(3) The allocation, process, procedure, distribution,
methodology, and manner of payment of interpreter
reimbursements and rates.

(4) Professional development, certification and training,
recruitment and retention of qualified interpreters, and language
access quality standards.

(5) Dispute resolution mechanisms binding on third-party
administrators and their subcontractors of state-funded interpreter
programs.

(6) Mechanisms and funding to improve state-funded medical
interpreter programs and the stability, funding, rules, regulations,
and operation of state-funded medical interpretation programs.

(7) Scheduling systems of interpreter services under state-funded
interpreter programs.

(8) Mediums and modes of delivery of interpretation services
under state-funded medical interpretation programs.

(9) The improvement and expansion of quality medical
interpretation services.

(10) The collection and disbursement of established dues or
fees to the exclusive representative of CCMIs.

(c) This section shall not apply to work performed as an
employee of an employer.

(d) The appropriate bargaining unit for CCMIs shall be a
statewide unit of eligible CCMIs.

(e) CCMIs are not public employees and this article does not
create an employer-employee relationship between CCMIs and
the state or patient-centered communication brokers for any
purpose, including, but not limited to, state employee eligibility
for health or retirement benefits, or vicarious liability in tort.

3611.  

A labor organization as referenced in this section is
defined as a labor organization described in Section 501(c)(5) of
the Internal Revenue Code which has as its primary purpose the
representation of public service providers in their relations with
state and other public entities.

3612.  

Upon request by a labor organization that is signed by
20 percent of CCMIs, the certifying body shall furnish to the labor
organization a list of all CCMIs including full names, telephone
numbers, email addresses, and mailing or home addresses within
five days of the request.

3613.  

(a) Upon application by petition, authorization cards,
or union membership cards of a labor organization adequately
showing that a majority of CCMIs in the state desire to be
represented exclusively by that labor organization, and no other
labor organization is currently certified as the exclusive
representative, the Public Employment Relations Board (PERB)
shall certify and grant exclusive representation of the CCMIs to
the labor organization for the purposes set forth in this section.

(b) Upon application by petition, authorization cards, or union
membership cards of a labor organization adequately showing that
less than a majority but at least 30 percent of CCMIs desire to be
represented exclusively by that labor organization, and no other
labor organization is currently certified as the exclusive
representative, the matter to determine representation shall be set
for a mail ballot election administered by PERB pursuant to its
rules and regulations for administering elections. If a PERB
regulation or rule conflicts with this section, this section shall
control.

(c) PERB shall accept, review, and certify all valid applications
submitted pursuant to subdivisions (a) and (b) pursuant to its rules
and regulations. If a PERB regulation or rule conflicts with this
section, this section shall control.

(d) Any representation election shall be a mail ballot election.

(e) Within 10 days of receipt of an adequate petition,
authorization cards, or union membership cards necessitating an
election, PERB shall conduct a preelection conference with the
labor organization and the state prior to scheduling an election for
the purpose of clarifying issues, obtaining stipulations, executing
a directed election order or consent election agreement, and taking
other actions to expedite the process. The labor organization and
the state shall engage in a good faith effort to reach a consent
election agreement stipulating the parties to appear on the ballot,
the form of the ballot, the CCMIs eligible to vote, the rules
governing the election, and the date, time, and other specifics of
the mail ballot election. The state shall be represented by the
Department of begin delete Personnel Administration end delete begin insert Human Resources end insert and
the State Department of Health Care Services.

3614.  

No other labor organization shall be permitted to
intervene in an election unless prior to the preelection conference,
by petition, authorization cards, or union membership cards, the
intervening labor organization adequately shows at least 30 percent
of CCMIs in the state as of January 1 of the year the application
is made desire to be represented exclusively by the intervening
labor organization.

3615.  

PERB shall proceed to determine all issues or matters
in dispute. The determination and a directed election order or
consent election agreement between the labor organization and
the state shall be made within seven days of the conference.

3616.  

(a) PERB shall initiate a mail ballot election within 10
days of the execution of a directed election order or consent
election agreement. The election shall provide for an affirmative
vote for employee representation by the petitioning employee
organization. The proposition receiving the votes of a majority of
all valid votes cast shall win the election. Should no option receive
an absolute majority vote of all valid votes cast, a runoff vote
between the two options receiving the highest number of votes
shall occur within seven days.

(b) A preelection meeting shall occur with the labor organization
and the state 30 minutes prior to the mailing of ballots for the
purpose of resolving any final issues prior to the commencement
of the mail ballot election.

(c) The election shall be conducted in accordance with the
procedures established and approved pursuant to the consent
election agreement or directed election order.

(d) The supervising official from PERB shall determine the date
and time ballots must be received for tabulation, which date shall
not be sooner than 10 days or more than 20 days from the date the
voting commences. PERB shall be charged with validating the
ballots against a list of CCMIs provided by the begin delete State Personnel
Board end delete begin insert Department of Human Resources end insert .

(e) A labor organization certified by PERB as receiving a
majority of all valid votes cast is the exclusive representative of
all CCMIs in the state for purposes set forth in this section. All
CCMIs who are eligible for the bargaining unit pursuant to Section
3610 subsequent to certification of the labor organization shall be
part of the bargaining unit and represented by the certified labor
organization.

3617.  

Discussions and collective bargaining between the
certified labor organization and the state and its designated agents
in the Department of begin delete Personnel Administration end delete begin insert Human Resources end insert
and the State Department of Health Care Services shall commence
within 30 days upon certification and at any time thereafter upon
request of the labor organization.

3618.  

The state and its designated agents in the Department of
begin delete Personnel Administration end delete begin insert Human Resources end insert and the State
Department of Health Care Services shall be required to meet with
the certified labor organization before any regulation is proposed,
promulgated, set, or otherwise presented concerning any of the
purposes for collective bargaining set forth in Section 3610.

3619.  

Any agreement resulting from collective bargaining shall
be legally binding upon the state and committed to writing. Upon
the completion of discussions and collective bargaining, any
agreement shall be reduced to writing and be presented to the
appropriate administrative, legislative, or other governing body in
the form of a binding agreement, resolution, bill, law, or other
form required for adoption. Nothing herein shall prevent the parties
from agreeing to and effecting those provisions of an agreement
which have received legislative approval or those provisions which
do not require legislative action.

3620.  

Nothing in this article shall affect the right of a CCMI
to authorize a dues or service fee deduction from his or her
reimbursement.

3621.  

(a) After the certification of a labor organization, the
state shall approve and have deducted, upon authorization in the
case of dues deduction, from the appropriate reimbursement or
other payment to members of the labor organization the monthly
amount of dues or service fees as certified by an executive officer
of the labor organization and shall transmit the amount to the
treasurer of the labor organization.

(b) After the certification of a labor organization, the state shall
approve and have deducted from the appropriate reimbursement
or other payment to nonmembers a reasonable fair share service
fee for the cost of representing them in negotiations, contract
administration, subsidy rates, benefits, payment systems, training
opportunities, and other matters related to those purposes listed in
subdivision (b) of Section 3610. This fair share service fee shall
not exceed the annual dues paid by members of the labor
organization. The state shall transmit the amount of the fair share
fee to the treasurer of the labor organization.

3622.  

Dues or fair share service fee obligations shall continue
in effect as long as the labor organization is the recognized
bargaining representative, notwithstanding the expiration of any
agreement between the state and the recognized labor organization.

3623.  

(a) The state begin insert , end insert through its designated agents in the
Department of begin delete Personnel Administration end delete begin insert Human Resources end insert and
the State Department of Health Care Services begin insert , end insert shall meet and
collectively bargain in good faith with representatives of a certified
labor organization and shall consider fully the proposals made by
the labor organization on behalf of CCMIs. “Meet and collectively
bargain in good faith” means that the state and its designated agent
and representatives of a certified labor organization shall have the
mutual obligation to collectively bargain within a reasonable length
of time in order to freely exchange information, opinions, and
proposals.

(b) The state shall not interfere with, intimidate, restrain, coerce,
or discriminate against CCMIs due to the exercise of their rights
under this section. A complaint alleging any violation of this
section shall be processed as an unfair practice charge by PERB
pursuant to its rules and regulations. The initial determination as
to whether the charge of unfair practice is justified and, if so, the
appropriate remedy necessary to effectuate the purposes of this
section, shall be a matter within the exclusive jurisdiction of PERB.
PERB shall apply and interpret unfair labor practices consistent
with existing judicial interpretations of this section. If a PERB
practice, regulation, interpretation, or rule conflicts with this
section, this section shall control.

3624.  

Any charging party, respondent, or intervenor aggrieved
by a final decision or order of PERB in an unfair practice case,
except a decision of PERB not to issue a complaint in such a case,
and any party to a final decision or order of PERB in a
representation, recognition, or election matter that is not brought
as an unfair practice case, may petition for a writ of extraordinary
relief from that decision or order pursuant to Section 3520.

3625.  

Execution of a valid written agreement between the state
and the certified labor organization shall bar the filing of an
application or petition for certification of a majority representative
for the length of the agreement except as otherwise provided in
this article. No application or petition for certification shall be
valid within one year of any prior certification.

3626.  

Should any court declare any other provision of this
chapter void, invalid, illegal, or unconstitutional, the remaining
provisions shall remain in full force.

3627.  

(a) The state shall not encourage or discourage
membership in a labor organization and shall not discriminate
against any CCMI on the basis of union activity, concerted action,
union membership, age, sex, race, religious beliefs, color, national
origin, sexual orientation, gender identity, or disability in
accordance with and as required by applicable state and federal
law. A CCMI shall not be subject to punitive action, or threatened
with punitive action, for the exercise of lawful action as an elected,
appointed, or recognized representative of any bargaining unit.

(b) Unless otherwise stated in this article, the state may adopt
reasonable rules and regulations after consultation in good faith
with representatives of a certified labor organization for the
administration of CCMI employer-employee relations under this
article. In the case of any conflict between rules and regulations
enacted pursuant to this article, including those subdivisions
adopting PERB rules, regulations, or procedures, the provisions
of this section shall control.

3628.  

Nothing in this chapter may be construed to interfere
with CCMI rights and responsibilities under federal law.

SEC. 4.  

Article 4.6 (commencing with Section 14146) is added
to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, to read:

 

Article 4.6.  CommuniCal

 

14146.  

For the purposes of this article, the following definitions
shall apply:

(a) “CommuniCal” means the Medi-Cal Patient-Centered
Communication program.

(b) “CommuniCal certified medical interpreter” or “CCMI”
means an interpreter certified under the CommuniCal program
pursuant to Article 1 (commencing with Section 3599.50) of
Chapter 13 of Division 4 of Title 1 of the Government Code.

(c) “Department” means the State Department of Health Care
Services.

(d) “Medi-Cal managed care organizations” or “MMCOs” means
all models of Medi-Cal managed care, including county-organized
health systems, geographic managed care, and two-plan models.

(e) “Patient-centered communication broker” or “broker” means
the third-party administrator for the CommuniCal program.

14146.10.  

(a) The department shall establish the CommuniCal
program to provide and reimburse for certified medical
interpretation services to Medi-Cal beneficiaries who are limited
English proficient (LEP).

(b) Commencing July 1, 2014, CommuniCal shall offer medical
interpreter services to Medi-Cal providers serving Medi-Cal
beneficiaries on either a fee-for-service or managed care basis
pursuant to this article. The department shall adopt policies to
prohibit duplicate payments to CCMIs and Medi-Cal MMCOs for
beneficiaries enrolled in an MMCO.

(c) A health care provider or entity entering into a Medi-Cal
provider agreement or a Medi-Cal managed care contract with the
state, including MMCOs and their subcontracting plans, and
fee-for-service providers, may utilize CommuniCal to provide
medical interpreter services to Medi-Cal beneficiaries.

(d) All contracts between MMCOs and their subcontractors,
including health providers and other health plans, shall include
provisions describing access to CommuniCal medical interpreter
services.

(e) The department shall pursue all available sources of federal
funding to establish and operate CommuniCal and shall seek any
federal approvals necessary to implement this article.

14146.11.  

CommuniCal shall include the provision of
in-person, telephonic, and video medical interpretation services.
To meet language access requirements and ensure patient safety,
in-person interpreter services shall be the preferred mode of
medical interpretation in the following instances whenever
possible:

(a) Family meetings regarding medical care.

(b) Medical encounters involving difficult or agitated patients.

(c) Medical encounters to make treatment decisions.

(d) Obtaining informed consent involving review of documents.

(e) Any medical encounter that, in the physician’s judgment,
requires in-person interpretation for the health, safety, or well-being
of the patient.

(f) Psychiatric encounters.

(g) End-of-life discussions.

14146.12.  

(a) CommuniCal shall be administered by a
patient-centered communication broker.

(b) The department shall create and administer a competitive
Request for Proposals (RFP), and shall execute the resulting
contract.

(c) The broker shall be responsible for all of the following
duties:

(1) Registering CCMIs with Medi-Cal.

(2) Verifying CCMI certification with the begin delete State Personnel Board end delete
begin insert Department of Human Resources end insert .

(3) Verifying Medi-Cal eligibility for interpreter services
utilizing the state’s Medi-Cal Eligibility Data System (MEDS).

(4) Submitting billing summaries to Medi-Cal, aggregating the
cost for services provided.

(5) Ensuring compliance with all Medi-Cal and applicable
CommuniCal reporting requirements.

(6) Making payments to CCMIs, including any dues and service
fee deductions.

(7) Scheduling CCMI appointments with Medi-Cal providers.

(8) Monitoring the quality of CommuniCal interpreter services
and complying with state oversight requirements of the program.

(9) Creating CommuniCal promotional materials for distribution
to Medi-Cal providers, MMCOs, and beneficiaries.

(d) The department shall make all applicable Medi-Cal reporting
requirements known to the broker and shall be responsible for the
broker’s compliance with these requirements.

14146.13.  

(a) Notwithstanding any other law, only interpreters
certified pursuant to Article 1 (commencing with Section 3599.50)
of Chapter 13 of Division 4 of Title 1 of the Government Code
may participate in CommuniCal.

(b) CCMIs shall be responsible for all of the following:

(1) Performing interpreter services independent of other policies,
rules, or procedures of conduct, except as provided by this article
or by applicable law.

(2) Performing interpreter services independent of direction,
except as otherwise provided by this article and applicable law.

(3) Preparing and submitting documentation to the broker in
support of time worked or other services rendered.

(4) Directing and controlling the manner and means of
interpretation services, except as otherwise provided in this article.

(c) Unless otherwise prohibited by this article or applicable law,
CCMIs may do any of the following:

(1) Advertise, promote, or otherwise communicate availability
for services to clients and the general public.

(2) Provide office space, equipment, support services, forms,
supplies, and business cards, except as otherwise provided in this
article.

(d) (1) For purposes of the CommuniCal program, CCMIs are
not state employees. CCMIs shall be independent contractors of
the state.

(2) For purposes of the CommuniCal program, CCMIs are not
employees of the broker, health care providers, or consumers.

(3) The state action antitrust exemption to the application of
federal and state antitrust laws is applicable to the activities of
CCMIs and their exclusive representatives authorized under this
article or other applicable law.

14146.135.  

(a) The base reimbursement rate for CCMIs shall
be no less than sixty dollars ($60) per hour.

(b) Reimbursement may be adjusted for factors such as
geography, language spoken, availability of interpreters, level of
certification, and travel time.

14146.14.  

The department shall issue guidance on the
administration of the CommuniCal program to ensure compliance
with this article and all applicable state and federal laws by all
contractors and subcontractors of the program.

14146.15.  

(a) The CommuniCal Program Fund is hereby
created in the State Treasury. Notwithstanding Section 16305.7
of the Government Code, any interest and dividends earned on
deposits in the fund shall be retained in the fund for purposes
specified in subdivision (c).

(b) Moneys in the fund shall consist of any funds dedicated to
the CommuniCal program.

(c) Moneys in the fund shall, upon appropriation by the
Legislature to the department, be used solely to fund the
CommuniCal program.