California Legislature—2013–14 Regular Session

Assembly BillNo. 1420


Introduced by Committee on Accountability and Administrative Review (Frazier (Chair), Achadjian (Vice Chair), Buchanan, Ian Calderon, Cooley, Gorell, Hagman, Lowenthal, Medina, and Salas)

March 21, 2013


An act to amend Sections 1917.1, 2028.5, 5092, and 12104 of the Business and Professions Code, to amend Section 14076 of the Corporations Code, to amend Section 1727 of the Fish and Game Code, to amend Sections 19849.11 and 22959.6 of, and to repeal Section 11535 of, the Government Code, to amend Sections 4801 and 11166 of the Penal Code, to amend Sections 4214 and 25722.8 of the Public Resources Code, to amend Section 9250.14 of the Vehicle Code, to amend Sections 11462, 14132, and 14701 of the Welfare and Institutions Code, and to repeal Section 4 of Chapter 1299 of the Statutes of 1992, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1420, as introduced, Committee on Accountability and Administrative Review. State government: state agencies: reports.

Existing law requires various state agencies to submit certain reports, plans, evaluations, and other similar documents to the Legislature and other state agencies.

This bill would eliminate provisions that require certain state agencies to submit certain reports to the Legislature and other state agencies. The bill would also modify requirements of certain reports by requiring, among other things, that reports be placed on the Internet Web site of the reporting agency rather than to be submitted to the Legislature or other state agencies, or requiring certain state agencies to collaborate with other state agencies in preparing those reports. The bill would also modify cross-references.

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

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

P2    1

SECTION 1.  

Section 1917.1 of the Business and Professions
2Code
is amended to read:

3

1917.1.  

(a) The committee may grant a license as a registered
4dental hygienist to an applicant who has not taken a clinical
5examination before the committee, if the applicant submits all of
6the following to the committee:

7(1) A completed application form and all fees required by the
8committee.

9(2) Proof of a current license as a registered dental hygienist
10issued by another state that is not revoked, suspended, or otherwise
11restricted.

12(3) Proof that the applicant has been in clinical practice as a
13registered dental hygienist or has been a full-time faculty member
14in an accredited dental hygiene education program for a minimum
15of 750 hours per year for at least five years immediately preceding
16the date of his or her application under this section. The clinical
17practice requirement shall be deemed met if the applicant provides
18proof of at least three years of clinical practice and commits to
19completing the remaining two years of clinical practice by filing
20with the committee a copy of a pending contract to practice dental
21hygiene in any of the following facilities:

22(A) A primary care clinic licensed under subdivision (a) of
23Section 1204 of the Health and Safety Code.

24(B) A primary care clinic exempt from licensure pursuant to
25subdivision (c) of Section 1206 of the Health and Safety Code.

26(C) A clinic owned or operated by a public hospital or health
27system.

28(D) A clinic owned and operated by a hospital that maintains
29the primary contract with a county government to fill the county’s
30role under Section 17000 of the Welfare and Institutions Code.

P3    1(4) Satisfactory performance on a California law and ethics
2examination and any examination that may be required by the
3committee.

4(5) Proof that the applicant has not been subject to disciplinary
5action by any state in which he or shebegin insert,end insert is or has been previouslybegin insert,end insert
6 issued any professional or vocational license. If the applicant has
7been subject to disciplinary action, the committee shall review that
8action to determine if it warrants refusal to issue a license to the
9 applicant.

10(6) Proof of graduation from a school of dental hygiene
11accredited by the Commission on Dental Accreditation.

12(7) Proof of satisfactory completion of the National Dental
13Hygiene Board Examination and of a state clinical examination,
14regional clinical licensure examination, or any other clinical dental
15hygiene examination approved by the committee.

16(8) Proof that the applicant has not failed the state clinical
17examination, the examination given by the Western Regional
18Examining Board, or any other clinical dental hygiene examination
19approved by the committee for licensure to practice dental hygiene
20under this chapter more than once or once within five years prior
21to the date of his or her application for a license under this section.

22(9) Documentation of completion of a minimum of 25 units of
23continuing education earned in the two years preceding application,
24including completion of any continuing education requirements
25imposed by the committee on registered dental hygienists licensed
26in this state at the time of application.

27(10) Any other information as specified by the committee to
28the extent that it is required of applicants for licensure by
29examination under this article.

30(b) The committee may periodically request verification of
31compliance with the requirements of paragraph (3) of subdivision
32(a), and may revoke the license upon a finding that the employment
33requirement or any other requirement of paragraph (3) of
34subdivision (a) has not been met.

35(c) The committee shall provide in the application packet to
36each out-of-state dental hygienist pursuant to this section the
37following information:

38(1) The location of dental manpower shortage areas in the state.

P4    1(2) Any not-for-profit clinics, public hospitals, and accredited
2dental hygiene education programs seeking to contract with
3licensees for dental hygiene service delivery or training purposes.

begin delete

4(d) The committee shall review the impact of this section on
5the availability of actively practicing registered dental hygienists
6in California and report to the appropriate policy and fiscal
7committees of the Legislature by January 1, 2012. The report shall
8include a separate section providing data specific to registered
9dental hygienists who intend to fulfill the alternative clinical
10practice requirements of subdivision (a). The report shall include,
11but shall not be limited to, the following:

12(1) The number of applicants from other states who have sought
13licensure.

14(2) The number of registered dental hygienists from other states
15licensed pursuant to this section, the number of licenses not
16granted, and the reason why the license was not granted.

17(3) The practice location of registered dental hygienists licensed
18pursuant to this section. In identifying a registered dental
19hygienist’s location of practice, the committee shall use medical
20service study areas or other appropriate geographic descriptions
21for regions of the state.

22(4) The number of registered dental hygienists licensed pursuant
23to this section who establish a practice in a rural area or in an area
24designated as having a shortage of practicing registered dental
25hygienists or no registered dental hygienists or in a safety net
26facility identified in paragraph (3) of subdivision (a).

27(5) The length of time registered dental hygienists licensed
28pursuant to this section practiced in the reported location.

end delete
29

SEC. 2.  

Section 2028.5 of the Business and Professions Code
30 is amended to read:

31

2028.5.  

(a) The board may establish a pilot program to expand
32the practice of telehealth in this state.

33(b) To implement this pilot program, the board may convene a
34working group of interested parties from the public and private
35sectors, including, but not limited to, state health-related agencies,
36health care providers, health plan administrators, information
37technology groups, and groups representing health care consumers.

38(c) The purpose of the pilot program shall be to develop
39methods, using a telehealth model, to deliver throughout the state
40health care to persons with chronic diseases as well as information
P5    1on the best practices for chronic disease management services and
2techniques and other health care information as deemed
3appropriate.

begin delete

4(d) The board shall make a report with its recommendations
5regarding its findings to the Legislature within one calendar year
6of the commencement date of the pilot program. The report shall
7include an evaluation of the improvement and affordability of
8health care services and the reduction in the number of
9complications achieved by the pilot program.

end delete
10

SEC. 3.  

Section 5092 of the Business and Professions Code is
11amended to read:

12

5092.  

(a) To qualify for the certified public accountant license,
13an applicant who is applying under this section shall meet the
14education, examination, and experience requirements specified in
15subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
16this article. The board may adopt regulations as necessary to
17implement this section.

18(b) An applicant for the certified public accountant license shall
19present satisfactory evidence that the applicant has completed a
20baccalaureate or higher degree conferred by a college or university,
21meeting, at a minimum, the standards described in Section 5094,
22the total educational program to include a minimum of 24 semester
23units in accounting subjects and 24 semester units in business
24related subjects. This evidence shall be provided prior to admission
25to the examination for the certified public accountant license,
26except that an applicant who applied, qualified, and sat for at least
27two subjects of the examination for the certified public accountant
28license before May 15, 2002, may provide this evidence at the
29time of application for licensure.

30(c) An applicant for the certified public accountant license shall
31pass an examination prescribed by the board pursuant to this article.

32(d) The applicant shall show, to the satisfaction of the board,
33that the applicant has had two years of qualifying experience. This
34experience may include providing any type of service or advice
35involving the use of accounting, attest, compilation, management
36advisory, financial advisory, tax, or consulting skills. To be
37qualifying under this section, experience shall have been performed
38in accordance with applicable professional standards. Experience
39in public accounting shall be completed under the supervision or
40in the employ of a person licensed or otherwise having comparable
P6    1authority under the laws of any state or country to engage in the
2practice of public accountancy. Experience in private or
3governmental accounting or auditing shall be completed under the
4supervision of an individual licensed by a state to engage in the
5practice of public accountancy.

6(e) This section shall become inoperative on January 1, 2014,
7but shall become or remain operative if the educational
8requirements in ethics study and accounting study established by
9subdivision (b) of Sectionbegin delete 5094, Section 5094.5,end deletebegin insert 5093end insert and Section
105094.6 are reduced or eliminated.

11

SEC. 4.  

Section 12104 of the Business and Professions Code
12 is amended to read:

13

12104.  

(a) The department shall issue instructions and make
14recommendations to the county sealers, and the instructions and
15recommendations shall govern the procedure to be followed by
16these officers in the discharge of their duties.

17(b) Instructions and recommendations that are made to ensure
18statewide weights and measures protection shall include a local
19administration cost analysis utilizing data provided by the county
20sealer. The cost analysis shall identify the joint programs or
21activities for which funds necessary to maintain adequate county
22administration and enforcement have not been provided. The
23secretary shall develop, jointly with the county sealers, county
24priorities for the enforcement programs and activities of the
25 secretary.

begin delete

26(c) The secretary shall, upon request, report to the Legislature
27his or her findings concerning the cost analysis with specific regard
28to programs where funds are inadequate for an efficient
29enforcement program, together with a listing of the priorities jointly
30established by the secretary and the county sealers that are
31contained in the formal instructions and recommendations.

end delete
32

SEC. 5.  

Section 14076 of the Corporations Code, as amended
33by Section 6 of Chapter 648 of the Statutes of 2012, is amended
34to read:

35

14076.  

(a) It is the intent of the Legislature that the
36corporations make maximal use of their statutory authority to
37guarantee loans and surety bonds, including the authority to secure
38loans with a minimum loan loss reserve of only 20 percent, so that
39the financing needs of small business may be met as fully as
40possible within the limits of corporations’ loan loss reserves. The
P7    1agency shall report annually to the Legislature on the financial
2status of the corporations and their portfolio of loans and surety
3bonds guaranteed.begin insert end insertbegin insertThe agency shall include this information in
4the annual report submitted to the Legislature by the director
5pursuant to subdivision (b) of Section 14030.2.end insert

6(b) Any corporation that serves an area declared to be in a state
7of emergency by the Governor or a disaster area by the President
8of the United States, the Administrator of the United States Small
9Business Administration, or the United States Secretary of
10Agriculture shall increase the portfolio of loan guarantees where
11the dollar amount of the loan is less than one hundred thousand
12dollars ($100,000), so that at least 15 percent of the dollar value
13of loans guaranteed by the corporation is for those loans. The
14corporation shall comply with this requirement within one year of
15the date the emergency or disaster is declared. Upon application
16of a corporation, the director may waive or modify the rule for the
17corporation if the corporation demonstrates that it made a good
18faith effort to comply and failed to locate lending institutions in
19the region that the corporation serves that are willing to make
20guaranteed loans in that amount.

21(c) This section shall remain in effect only until January 1, 2018,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2018, deletes or extends that date.

24

SEC. 6.  

Section 14076 of the Corporations Code, as amended
25by Section 7 of Chapter 648 of the Statutes of 2012, is amended
26to read:

27

14076.  

(a) It is the intent of the Legislature that the
28corporations make maximal use of their statutory authority to
29guarantee loans and surety bonds, including the authority to secure
30loans with a minimum loan loss reserve of only 25 percent, unless
31the agency authorizes a higher leverage ratio for an individual
32corporation pursuant to subdivision (b) of Section 14037, so that
33the financing needs of small business may be met as fully as
34possible within the limits of corporations’ loan loss reserves. The
35agency shall report annually to the Legislature on the financial
36status of the corporations and their portfolio of loans and surety
37bonds guaranteed.begin insert end insertbegin insertThe agency shall include this information in
38the annual report submitted to the Legislature by the director
39pursuant to subdivision (b) of Section 14030.2.end insert

P8    1(b) Any corporation that serves an area declared to be in a state
2of emergency by the Governor or a disaster area by the President
3of the United States, the Administrator of the United States Small
4Business Administration, or the United States Secretary of
5Agriculture shall increase the portfolio of loan guarantees where
6the dollar amount of the loan is less than one hundred thousand
7dollars ($100,000), so that at least 15 percent of the dollar value
8of loans guaranteed by the corporation is for those loans. The
9corporation shall comply with this requirement within one year of
10the date the emergency or disaster is declared. Upon application
11of a corporation, the director may waive or modify the rule for the
12corporation if the corporation demonstrates that it made a good
13 faith effort to comply and failed to locate lending institutions in
14the region that the corporation serves that are willing to make
15guaranteed loans in that amount.

16(c) This section shall become operative on January 1, 2018.

17

SEC. 7.  

Section 1727 of the Fish and Game Code is amended
18to read:

19

1727.  

(a) In order to provide for a diversity of available angling
20experiences throughout the state, it is the intent of the Legislature
21that the commission maintain the existing wild trout program, and
22as part of the program, develop additional wild trout waters in the
23more than 20,000 miles of trout streams and approximately 5,000
24lakes containing trout in California.

25(b) The department shall prepare a list of no less than 25 miles
26of stream or stream segments and at least one lake that it deems
27suitable for designation as wild trout waters. The department shall
28submit this list to the commission for its consideration at the regular
29October commission meeting.

30(c) The commission may remove any stream or lake that it has
31designated as a wild trout fishery from the program at any time.
32If any of those waters are removed from the program, an equivalent
33amount of stream mileage or an equivalent size lake shall be added
34to the wild trout program.

begin delete

35(d) The commission, in January of each even-numbered year,
36shall submit a report to the Legislature regarding progress in
37implementing the wild trout program described in this chapter. In
38that report, the commission shall state its reasons why any stream
39or lake listed by the department as suitable for consideration as a
40wild trout water was or was not included in the program. The
P9    1commission shall also state its reasons for removing and replacing
2any waters within the program. The report shall be publicly
3available on the department’s Internet Web site.

end delete
4

SEC. 8.  

Section 11535 of the Government Code, as added by
5Section 8 of Chapter 147 of the Statutes of 2012, is repealed.

begin delete
6

11535.  

(a) There is, in the Department of Technology, the
7Technology Services Board.

8(b) The board shall consist of 13 members, as follows:

9(1) The Director of Technology, who shall serve as the chair of
10the board.

11(2) The Director of Finance, who shall serve as vice chair of
12the board.

13(3) The Controller.

14(4) The Secretary of Food and Agriculture, the Secretary of
15Transportation, the Secretary of the Department of Corrections
16and Rehabilitation, the Secretary for Environmental Protection,
17the Secretary of California Health and Human Services, the
18Secretary of Labor and Workforce Development, the Secretary of
19the Natural Resources Agency, the Secretary of Business,
20Consumer Services, and Housing, and the Secretary of Veterans
21Affairs.

22(5) The Director of Emergency Services.

end delete
23

SEC. 9.  

Section 19849.11 of the Government Code is amended
24to read:

25

19849.11.  

The Department of Human Resources, subject to
26begin delete such conditions asend deletebegin insert any condition thatend insert it may establish, subject to
27existing statutes governing health benefits and group term life
28insurance offered through the Public Employees’ Retirement
29System, and subject to all other applicable provisions of state law,
30may enter into contracts for the purchase of employee benefits
31with respect to managerial and confidential employees as defined
32by subdivisions (e) and (f) of Section 3513, and employees
33excluded from the definition of state employee in subdivision (c)
34of Section 3513, and officers or employees of the executive branch
35of government who are not members of the civil service, and
36supervisory employees as defined in subdivision (g) of Section
373513. Benefits shall include, but not be limited to, group life
38insurance, group disability insurance, long-term disability
39insurance, group automobile liability and physical damage
40insurance, and homeowners’ and renters’ insurance.

P10   1The department may self-insure the long-term disability
2insurance program if it is cost effective to do so.

begin delete

3If it is determined that a self-insured long-term disability
4insurance program will be established, the department shall provide
5its cost analysis to the Joint Legislative Budget Committee at least
630 days prior to initiating the establishment of the program.

end delete
7

SEC. 10.  

Section 22959.6 of the Government Code is amended
8to read:

9

22959.6.  

(a) The Department of Human Resources may
10contract with one or more vision care plans for annuitants and
11eligible family members, provided the carrier or carriers have
12operated successfully in the area of vision care benefits for a
13reasonable period, as determined by the Department of Human
14Resources.

15(b) The Department of Human Resources, as the program
16administrator, has full administrative authority over this program
17and associated funds and shall require the monthly premium to be
18paid by the annuitant for the vision care plan. The premium to be
19paid by the annuitant shall be deducted from his or her monthly
20allowance. If there are insufficient funds in an annuitant’s
21allowance to pay the premium, the plan provider shall directly bill
22the annuitant. A vision care plan or plans provided under this
23authority shall be funded by the annuitants’ premium. All premiums
24received from annuitants shall be deposited in the Vision Care
25Program for State Annuitants Fund, which is hereby created in the
26State Treasury. Any income earned on the moneys in the Vision
27Care Program for State Annuitants Fund shall be credited to the
28fund. Notwithstanding Section 13340, moneys in the fund are
29continuously appropriated for the purposes specified in subdivision
30(d).

31(c) An annuitant may enroll in a vision care plan provided by
32a carrier that also provides a health benefit plan pursuant to Section
3322850 if the employee or annuitant is also enrolled in the health
34benefit plan provided by that carrier. However,begin delete nothing inend delete this
35section maybegin insert notend insert be construed to require an annuitant to enroll in
36a vision care plan and a health benefit plan provided by the same
37carrier. An annuitant enrolled in this program shall only enroll into
38a vision plan or vision plans contracted for by the Department of
39Human Resources.

P11   1(d) begin deleteNo end deletebegin insertA end insertcontract for a vision care plan maybegin insert notend insert be entered into
2unless the Department of Human Resources determines it is
3reasonable to do so. Notwithstanding any other provision of law,
4any premium moneys paid into this program by annuitants for the
5purposes of the annuitant vision care plan that is contracted for
6shall be used for the cost of providing vision care benefits to
7eligible, enrolled annuitants and their eligible and enrolled
8dependents, the payment of claims for those vision benefits, and
9the cost of administration of the vision care plan or plans under
10this vision care program, those costs being determined by the
11Department of Human Resources.

12(e) If the Director of Human Resources determines that it is not
13economically feasible to continue this program anytime after its
14commencement, the director may, upon written notice to enrollees
15and to the contracting plan or plans, terminate this program within
16a reasonable time. The notice of termination to the plan or plans
17shall be determined by the Department of Human Resources. The
18notice to enrollees of the termination of the program shall
19commence no later than three months prior to the actual date of
20termination of the program.

21(f) Premium rates for this program shall be determined by the
22Department of Human Resources in conjunction with the contracted
23plan or plans and shall be considered separate and apart from active
24employee premium rates.

begin delete

25(g) The director shall report to the Legislature, prior to the end
26of the second quarter of the third plan year, on the continued
27economic sustainability of the Vision Care Program for State
28Annuitants.

end delete
29

SEC. 11.  

Section 4801 of the Penal Code is amended to read:

30

4801.  

(a) The Board of Parole Hearings may report to the
31Governor, from time to time, the names of any and all persons
32imprisoned in any state prison who, in its judgment, ought to have
33a commutation of sentence or be pardoned and set at liberty on
34account of good conduct, or unusual term of sentence, or any other
35cause, including evidence of intimate partner battering and its
36effects. For purposes of this section, “intimate partner battering
37and its effects” may include evidence of the nature and effects of
38physical, emotional, or mental abuse upon the beliefs, perceptions,
39or behavior of victims of domestic violencebegin delete whereend deletebegin insert ifend insert it appears the
40 criminal behavior was the result of that victimization.

P12   1(b) (1) The Board of Parole Hearings, in reviewing a prisoner’s
2suitability for parole pursuant to Section 3041.5, shall give great
3weight to any information or evidence that, at the time of the
4commission of the crime, the prisoner had experienced intimate
5partner battering, but was convicted of an offense that occurred
6prior to August 29, 1996. The board shall state on the record the
7information or evidence that it considered pursuant to this
8subdivision, and the reasons for the parole decision. begin delete The board
9 shall annually report to the Legislature and the Governor on the
10cases the board considered pursuant to this subdivision during the
11previous year, including the board’s decisions and the specific and
12detailed findings of its investigations of these cases.end delete

begin delete

13(2) The report for the Legislature to be submitted pursuant to
14paragraph (1) shall be submitted pursuant to Section 9795 of the
15Government Code.

end delete
begin delete

16(3)

end delete

17begin insert(2)end insert The fact that a prisoner has presented evidence of intimate
18partner battering cannot be used to support a finding that the
19prisoner lacks insight into his or her crime and its causes.

20

SEC. 12.  

Section 11166 of the Penal Code is amended to read:

21

11166.  

(a) Except as provided in subdivision (d), and in
22Section 11166.05, a mandated reporter shall make a report to an
23agency specified in Section 11165.9 whenever the mandated
24reporter, in his or her professional capacity or within the scope of
25his or her employment, has knowledge of or observes a child whom
26the mandated reporter knows or reasonably suspects has been the
27victim of child abuse or neglect. The mandated reporter shall make
28an initial report by telephone to the agency immediately or as soon
29as is practicably possible, and shall prepare and send, fax, or
30electronically transmit a written followup report within 36 hours
31of receiving the information concerning the incident. The mandated
32reporter may include with the report any nonprivileged
33documentary evidence the mandated reporter possesses relating
34to the incident.

35(1) For purposes of this article, “reasonable suspicion” means
36that it is objectively reasonable for a person to entertain a suspicion,
37based upon facts that could cause a reasonable person in a like
38position, drawing, when appropriate, on his or her training and
39experience, to suspect child abuse or neglect. “Reasonable
40suspicion” does not require certainty that child abuse or neglect
P13   1has occurred nor does it require a specific medical indication of
2child abuse orbegin delete neglect; anyend deletebegin insert neglect. Anyend insert “reasonable suspicion” is
3sufficient. For purposes of this article, the pregnancy of a minor
4does not, in and of itself, constitute a basis for a reasonable
5suspicion of sexual abuse.

6(2) The agency shall be notified and a report shall be prepared
7and sent, faxed, or electronically transmitted even if the child has
8expired, regardless of whether or not the possible abuse was a
9factor contributing to the death, and even if suspected child abuse
10was discovered during an autopsy.

11(3) Any report made by a mandated reporter pursuant to this
12section shall be known as a mandated report.

13(b) Ifbegin insert,end insert after reasonable effortsbegin insert,end insert a mandated reporter is unable to
14submit an initial report by telephone, he or she shall immediatelybegin insert,end insert
15 or as soon as is practicably possible, by fax or electronic
16transmission, make a one-time automated written report on the
17form prescribed by the Department of Justice, and shall also be
18available to respond to a telephone followup call by the agency
19with which he or she filed the report. A mandated reporter who
20files a one-time automated written report because he or she was
21unable to submit an initial report by telephone is not required to
22submit a written followup report.

23(1) The one-time automated written report form prescribed by
24the Department of Justice shall be clearly identifiable so that it is
25not mistaken for a standard written followup report. In addition,
26the automated one-time report shall contain a section that allows
27the mandated reporter to state the reason the initial telephone call
28was not able to be completed. The reason for the submission of
29the one-time automated written report in lieu of the procedure
30prescribed in subdivision (a) shall be captured in the Child Welfare
31 Services/Case Management System (CWS/CMS). The department
32shall work with stakeholders to modify reporting forms and the
33CWS/CMS as is necessary to accommodate the changes enacted
34by these provisions.

35(2) This subdivision shall not become operative until the
36CWS/CMS is updated to capture the information prescribed in this
37subdivision.

38(3) This subdivision shall become inoperative three years after
39this subdivision becomes operative or on January 1, 2009,
40whichever occurs first.

begin delete

P14   1(4) On the inoperative date of these provisions, a report shall
2be submitted to the counties and the Legislature by the State
3Department of Social Services that reflects the data collected from
4automated one-time reports indicating the reasons stated as to why
5the automated one-time report was filed in lieu of the initial
6telephone report.

end delete
begin delete

7(5)

end delete

8begin insert(4)end insert Nothing in this section shall supersede the requirement that
9a mandated reporter first attempt to make a reportbegin delete viaend deletebegin insert byend insert telephone,
10or that agencies specified in Section 11165.9 accept reports from
11mandated reporters and other personsbegin insert,end insert as required.

12(c) Any mandated reporter who fails to report an incident of
13known or reasonably suspected child abuse or neglect as required
14by this section is guilty of a misdemeanor punishable by up to six
15months confinement in a county jail or by a fine of one thousand
16dollars ($1,000) or by both that imprisonment and fine. If a
17mandated reporter intentionally conceals his or her failure to report
18an incident known by the mandated reporter to be abuse or severe
19neglect under this section, the failure to report is a continuing
20offense until an agency specified in Section 11165.9 discovers the
21offense.

22(d) (1) A clergy member who acquires knowledge or a
23reasonable suspicion of child abuse or neglect during a penitential
24communication is not subject to subdivision (a). For the purposes
25of this subdivision, “penitential communication” means a
26communication, intended to be in confidence, including, but not
27limited to, a sacramental confession, made to a clergy member
28who, in the course of the discipline or practice of his or her church,
29denomination, or organization, is authorized or accustomed to hear
30those communications, and under the discipline, tenets, customs,
31or practices of his or her church, denomination, or organization,
32has a duty to keep those communications secret.

33(2) Nothing in this subdivision shall be construed to modify or
34limit a clergy member’s duty to report known or suspected child
35abuse or neglect when the clergy member is acting in some other
36capacity that would otherwise make the clergy member a mandated
37reporter.

38(3) (A) On or before January 1, 2004, a clergy member or any
39custodian of records for the clergy member may report to an agency
40specified in Section 11165.9 that the clergy member or any
P15   1custodian of records for the clergy member, prior to January 1,
21997, in his or her professional capacity or within the scope of his
3or her employment, other than during a penitential communication,
4acquired knowledge or had a reasonable suspicion that a child had
5been the victim of sexual abuse that the clergy member or any
6custodian of records for the clergy member did not previously
7report the abuse to an agency specified in Section 11165.9. The
8provisions of Section 11172 shall apply to all reports made pursuant
9to this paragraph.

10(B) This paragraph shall apply even if the victim of the known
11or suspected abuse has reached the age of majority by the time the
12required report is made.

13(C) The local law enforcement agency shall have jurisdiction
14to investigate any report of child abuse made pursuant to this
15paragraph even if the report is made after the victim has reached
16the age of majority.

17(e) (1) Any commercial film, photographic print, or image
18processor who has knowledge of or observes, within the scope of
19his or her professional capacity or employment, any film,
20photograph, videotape, negative, slide, or any representation of
21information, data, or an image, including, but not limited to, any
22film, filmstrip, photograph, negative, slide, photocopy, videotape,
23video laser disc, computer hardware, computer software, computer
24floppy disk, data storage medium, CD-ROM, computer-generated
25equipment, or computer-generated image depicting a child under
2616 years of age engaged in an act of sexual conduct, shall
27immediately, or as soon as practically possible, telephonically
28report the instance of suspected abuse to the law enforcement
29agency located in the county in which the images are seen. Within
3036 hours of receiving the information concerning the incident, the
31reporter shall prepare and send, fax, or electronically transmit a
32written followup report of the incident with a copy of the image
33or material attached.

34(2) Any commercial computer technician who has knowledge
35of or observes, within the scope of his or her professional capacity
36or employment, any representation of information, data, or an
37image, including, but not limited, to any computer hardware,
38computer software, computer file, computer floppy disk, data
39storage medium, CD-ROM, computer-generated equipment, or
40computer-generated image that is retrievable in perceivable form
P16   1and that is intentionally saved, transmitted, or organized on an
2electronic medium, depicting a child under 16 years of age engaged
3in an act of sexual conduct, shall immediately, or as soon as
4practicably possible, telephonically report the instance of suspected
5abuse to the law enforcement agency located in the county in which
6the images or material are seen. As soon as practicably possible
7after receiving the information concerning the incident, the reporter
8shall prepare and send, fax, or electronically transmit a written
9followup report of the incident with a brief description of the
10images or materials.

11(3) For purposes of this article, “commercial computer
12technician” includes an employee designated by an employer to
13receive reports pursuant to an established reporting process
14authorized by subparagraph (B) of paragraph (41) of subdivision
15(a) of Section 11165.7.

16(4) As used in this subdivision, “electronic medium” includes,
17but is not limited to, a recording, CD-ROM, magnetic disk memory,
18magnetic tape memory, CD, DVD, thumbdrive, or any other
19computer hardware or media.

20(5) As used in this subdivision, “sexual conduct” means any of
21the following:

22(A) Sexual intercourse, including genital-genital, oral-genital,
23anal-genital, or oral-anal, whether between persons of the same or
24opposite sex or between humans and animals.

25(B) Penetration of the vagina or rectum by any object.

26(C) Masturbation for the purpose of sexual stimulation of the
27viewer.

28(D) Sadomasochistic abuse for the purpose of sexual stimulation
29of the viewer.

30(E) Exhibition of the genitals, pubic, or rectal areas of any
31person for the purpose of sexual stimulation of the viewer.

32(f) Any mandated reporter who knows or reasonably suspects
33that the home or institution in which a child resides is unsuitable
34for the child because of abuse or neglect of the child shall bring
35the condition to the attention of the agency to which, and at the
36same time as, he or she makes a report of the abuse or neglect
37pursuant to subdivision (a).

38(g) Any other person who has knowledge of or observes a child
39whom he or she knows or reasonably suspects has been a victim
40of child abuse or neglect may report the known or suspected
P17   1instance of child abuse or neglect to an agency specified in Section
211165.9. For purposes of this section, “any other person” includes
3a mandated reporter who acts in his or her private capacity and
4not in his or her professional capacity or within the scope of his
5or her employment.

6(h) When two or more persons, who are required to report,
7jointly have knowledge of a known or suspected instance of child
8abuse or neglect, and when there is agreement among them, the
9telephone report may be made by a member of the team selected
10by mutual agreement and a single report may be made and signed
11by the selected member of the reporting team. Any member who
12has knowledge that the member designated to report has failed to
13do so shall thereafter make the report.

14(i) (1) The reporting duties under this section are individual,
15and no supervisor or administrator may impede or inhibit the
16reporting duties, andbegin delete noend deletebegin insert aend insert person making a report shallbegin insert notend insert be
17subject to any sanction for making the report. However, internal
18procedures to facilitate reporting and apprise supervisors and
19administrators of reports may be established provided thatbegin delete theyend delete
20begin insert the internal proceduresend insert are not inconsistent with this article.

21(2) The internal procedures shall not require any employee
22required to make reports pursuant to this article to disclose his or
23her identity to the employer.

24(3) Reporting the information regarding a case of possible child
25abuse or neglect to an employer, supervisor, school principal,
26school counselor, coworker, or other person shall not be a substitute
27for making a mandated report to an agency specified in Section
2811165.9.

29(j) A county probation or welfare department shall immediately,
30or as soon as practicably possible, report by telephone, fax, or
31electronic transmission to the law enforcement agency having
32jurisdiction over the case, to the agency given the responsibility
33for investigation of cases under Section 300 of the Welfare and
34Institutions Code, and to the district attorney’s office every known
35or suspected instance of child abuse or neglect, as defined in
36Section 11165.6, except acts or omissionsbegin delete coming withinend deletebegin insert pursuant
37toend insert
subdivision (b) of Section 11165.2, or reports made pursuant to
38Section 11165.13 based on risk to a childbegin delete whichend deletebegin insert thatend insert relates solely
39to the inability of the parent to provide the child with regular care
40due to the parent’s substance abuse, which shall be reported only
P18   1to the county welfare or probation department. A county probation
2or welfare department also shall send, fax, or electronically transmit
3a written report thereof within 36 hours of receiving the information
4concerning the incident to any agency to which it makes a
5telephone report under this subdivision.

6(k) A law enforcement agency shall immediately, or as soon as
7practicably possible, report by telephone, fax, or electronic
8transmission to the agency given responsibility for investigation
9of cases under Section 300 of the Welfare and Institutions Code
10and to the district attorney’s office every known or suspected
11instance of child abuse or neglect reported to it, except acts or
12omissionsbegin delete coming withinend deletebegin insert pursuant toend insert subdivision (b) of Section
1311165.2, which shall be reported only to the county welfare or
14probation department. A law enforcement agency shall report to
15the county welfare or probation department every known or
16suspected instance of child abuse or neglect reported to it which
17is alleged to have occurred as a result of the action of a person
18 responsible for the child’s welfare, or as the result of the failure
19of a person responsible for the child’s welfare to adequately protect
20the minor from abuse when the person responsible for the child’s
21welfare knew or reasonably should have known that the minor was
22in danger of abuse. A law enforcement agency also shall send, fax,
23or electronically transmit a written report thereof within 36 hours
24of receiving the information concerning the incident to any agency
25to which it makes a telephone report under this subdivision.

26

SEC. 13.  

Section 4214 of the Public Resources Code is
27amended to read:

28

4214.  

(a) Fire prevention fees collected pursuant to this chapter
29shall be expended, upon appropriation by the Legislature, as
30follows:

31(1) The State Board of Equalization shall retain moneys
32necessary for the payment of refunds pursuant to Section 4228 and
33reimbursement of the State Board of Equalization for expenses
34incurred in the collection of the fee.

35(2) The moneys collected, other than that retained by the State
36Board of Equalization pursuant to paragraph (1), shall be deposited
37into the State Responsibility Area Fire Prevention Fund, which is
38hereby created in the State Treasury, and shall be available to the
39board and the department to expend for fire prevention activities
40specified in subdivision (d) that benefit the owners of structures
P19   1within a state responsibility area who are required to pay the fire
2prevention fee. The amount expended to benefit the owners of
3structures within a state responsibility area shall be commensurate
4with the amount collected from the owners within that state
5responsibility area. All moneys in excess of the costs of
6administration of the board and the department shall be expended
7only for fire prevention activities in counties with state
8responsibility areas.

9(b) (1) The fund may also be used to cover the costs of
10administering this chapter.

11(2) The fund shall cover all startup costs incurred over a period
12not to exceed two years.

13(c) It is the intent of the Legislature that the moneys in this fund
14be fully appropriated to the board and the department each year
15in order to effectuate the purposes of this chapter.

16(d) Moneys in the fund shall be used only for the following fire
17prevention activities, which shall benefit owners of structures
18within the state responsibility areas who are required to pay the
19annual fire prevention fee pursuant to this chapter:

20(1) Local assistance grants pursuant to subdivision (e).

21(2) Grants to Fire Safe Councils, the California Conservation
22Corps, or certified local conservation corps for fire prevention
23projects and activities in the state responsibility areas.

24(3) Grants to a qualified nonprofit organization with a
25demonstrated ability to satisfactorily plan, implement, and complete
26a fire prevention project applicable to the state responsibility areas.
27The department may establish other qualifying criteria.

28(4) Inspections by the department for compliance with defensible
29space requirements around structures in state responsibility areas
30as required by Section 4291.

31(5) Public education to reduce fire risk in the state responsibility
32areas.

33(6) Fire severity and fire hazard mapping by the department in
34the state responsibility areas.

35(7) Other fire prevention projects in the state responsibility
36areas, authorized by the board.

37(e) (1) The board shall establish a local assistance grant program
38for fire prevention activities designed to benefit structures within
39state responsibility areas, including public education, that are
P20   1 provided by counties and other local agencies, including special
2districts, with state responsibility areas within their jurisdictions.

3(2) In order to ensure an equitable distribution of funds, the
4amount of each grant shall be based on the number of structures
5in state responsibility areas for which the applicant is legally
6responsible and the amount of moneys made available in the annual
7Budget Act for this local assistance grant program.

8(f) By January 1, 2013, and annually thereafter, the board shall
9submit to the Legislature a written report on the status and uses of
10the fund pursuant to this chapter. Thebegin delete written reportend deletebegin insert board shall
11work collaboratively with the Department of Forestry and Fire
12Protection in preparing the written report pursuant to this
13subdivision. The written reportend insert
shall also include an evaluation of
14the benefits received by counties based on the number of structures
15in state responsibility areas within their jurisdictions, the
16effectiveness of the board’s grant programs, the number of
17defensible space inspections in the reporting period, the degree of
18compliance with defensible space requirements, measures to
19increase compliance, if any, and any recommendations to the
20Legislature.

21(g) (1) The requirement for submitting a report imposed under
22subdivision (f) is inoperative on January 1, 2017, pursuant to
23Section 10231.5 of the Government Code.

24(2) A report to be submitted pursuant to subdivision (f) shall be
25submitted in compliance with Section 9795 of the Government
26Code.

27(h) It is essential that this article be implemented without delay.
28To permit timely implementation, the department may contract
29for services related to the establishment of the fire prevention fee
30collection process. For this purpose only, and for a period not to
31exceed 24 months, the provisions of the Public Contract Code or
32any other provision of law related to public contracting shall not
33apply.

34

SEC. 14.  

Section 25722.8 of the Public Resources Code is
35amended to read:

36

25722.8.  

(a) On or before July 1, 2009, the Secretary of State
37and Consumer Services, in consultation with the Department of
38General Services and other appropriate state agencies that maintain
39or purchase vehicles for the state fleet, including the campuses of
40the California State University, shall develop and implement, and
P21   1submit to the Legislature and the Governor, a plan to improve the
2overall state fleet’s use of alternative fuels, synthetic lubricants,
3and fuel-efficient vehicles by reducing or displacing the
4consumption of petroleum products by the state fleet when
5compared to the 2003 consumption level based on the following
6schedule:

7(1) By January 1, 2012, a 10-percent reduction or displacement.

8(2) By January 1, 2020, a 20-percent reduction or displacement.

9(b)  Beginning April 1, 2010, and annually thereafter, the
10Department of General Services shallbegin delete provide to the Department
11of Finance and the appropriate legislative committees of the
12Legislatureend delete
begin insert prepareend insert a progress report on meeting the goals
13specified in subdivision (a). The Department of General Services
14shallbegin delete also makeend deletebegin insert postend insert the progress reportbegin delete availableend delete on its Internet
15Web site.

16(c) (1) The Department of General Services shall encourage,
17to the extent feasible, the operation of state alternatively fueled
18vehicles on the alternative fuel for which the vehicle is designed
19and the development of commercial infrastructure for alternative
20fuel pumps and charging stations at or near state vehicle fueling
21or parking sites.

22(2) The Department of General Services shall work with other
23public agencies to incentivize and promote, to the extent feasible,
24state employee operation of alternatively fueled vehicles through
25preferential or reduced-cost parking, access to charging, or other
26means.

27(3) For purposes of this subdivision, “alternatively fueled
28vehicles” means light-, medium-, and heavy-duty vehicles that
29reduce petroleum usage and related emissions by using advanced
30technologies and fuels, including, but not limited to, hybrid, plug-in
31hybrid, battery electric, natural gas, or fuel cell vehicles and
32including those vehicles described in Section 5205.5 of the Vehicle
33Code.

34

SEC. 15.  

Section 9250.14 of the Vehicle Code is amended to
35read:

36

9250.14.  

(a) (1) In addition to any other fees specified in this
37code and the Revenue and Taxation Code, upon the adoption of a
38resolution by any county board of supervisors, a fee of one dollar
39($1) shall be paid at the time of registration or renewal of
40registration of every vehicle, except vehicles described in
P22   1subdivision (a) of Section 5014.1, registered to an address within
2that county except those expressly exempted from payment of
3registration fees. The fees, after deduction of the administrative
4costs incurred by the department in carrying out this section, shall
5be paid quarterly to the Controller.

6(2) (A) If the County of Los Angeles, the County of San Diego,
7or the County of San Bernardino has adopted a resolution to impose
8a one-dollar ($1) fee pursuant to paragraph (1), the county may
9increase the fee specified in paragraph (1) to two dollars ($2) in
10the same manner as the imposition of the initial fee pursuant to
11paragraph (1). The two dollars ($2) shall be paid at the time of
12registration or renewal of registration of a vehicle, and quarterly
13to the Controller, as provided in paragraph (1).

14(B) A resolution to increase the fee from one dollar ($1) to two
15dollars ($2) pursuant to subparagraph (A) shall be submitted to
16the department at least six months prior to the operative date of
17the fee increase.

18(3) In addition to the service fee imposed pursuant to paragraph
19(1), and upon the implementation of the permanent trailer
20identification plate program, and as part of the Commercial Vehicle
21Registration Act of 2001 (Chapter 861 of the Statutes of 2000),
22all commercial motor vehicles subject to Section 9400.1 registered
23to an owner with an address in the county that established a service
24authority under this section, shall pay an additional service fee of
25two dollars ($2).

26(4) (A) If a county imposes a service fee of two dollars ($2) by
27adopting a resolution pursuant to subparagraph (A) of paragraph
28(2), the fee specified in paragraph (3) shall be increased to four
29dollars ($4).The four dollars ($4) shall be paid at the time of
30registration or renewal of registration of a vehicle, and quarterly
31to the Controller as provided in paragraph (1).

32(B) A resolution to increase the additional service fee from two
33dollars ($2) to four dollars ($4) pursuant to subparagraph (A) shall
34be submitted to the department at least six months prior to the
35operative date of the fee increase.

36(b) Notwithstanding Section 13340 of the Government Code,
37the moneys paid to the Controller are continuously appropriated,
38without regard to fiscal years, for the administrative costs of the
39Controller, and for disbursement by the Controller to each county
40that has adopted a resolution pursuant to subdivision (a), based
P23   1upon the number of vehicles registered, or whose registration is
2renewed, to an address within that county.

3(c) Except as otherwise provided in this subdivision, moneys
4allocated to a county pursuant to subdivision (b) shall be expended
5exclusively to fund programs that enhance the capacity of local
6police and prosecutors to deter, investigate, and prosecute vehicle
7theft crimes. In any county with a population of 250,000 or less,
8the moneys shall be expended exclusively for those vehicle theft
9crime programs and for the prosecution of crimes involving driving
10while under the influence of alcohol or drugs, or both, in violation
11of Section 23152 or 23153, or vehicular manslaughter in violation
12of Section 191.5 of the Penal Code or subdivision (c) of Section
13192 of the Penal Code, or any combination of those crimes.

14(d) The moneys collected pursuant to this section shall not be
15expended to offset a reduction in any other source of fundsbegin delete, norend delete
16begin insert orend insert for anybegin insert otherend insert purpose not authorized under this section.

17(e) Any funds received by a county prior to January 1, 2000,
18pursuant to this section, that are not expended to deter, investigate,
19or prosecute crimes pursuant to subdivision (c) shall be returned
20to the Controller, for deposit in the Motor Vehicle Account in the
21State Transportation Fund. Those funds received by a county shall
22be expended in accordance with this section.

23(f) Each county that adopts a resolution under subdivision (a)
24shall submit, on or before the 13th day following the end of each
25quarter, a quarterly expenditure and activity report to the designated
26statewide Vehicle Theft Investigation and Apprehension
27Coordinator in the Department of the California Highway Patrol.

28(g) A county that imposes a fee under subdivision (a) shall issue
29a fiscal yearend report to the Controller on or before August 31 of
30each year. The report shall include a detailed accounting of the
31funds received and expended in the immediately preceding fiscal
32year, including, at a minimum, all of the following:

33(1) The amount of funds received and expended by the county
34under subdivision (b) for the immediately preceding fiscal year.

35(2) The total expenditures by the county under subdivision (c)
36for the immediately preceding fiscal year.

37(3) Details of expenditures made by the county under
38subdivision (c), including salaries and expenses, purchase of
39equipment and supplies, and any other expenditures made listed
40by type with an explanatory comment.

P24   1(4) A summary of vehicle theft abatement activities and other
2vehicle theft programs funded by the fees collected under this
3section.

4(5) The total number of stolen vehicles recovered and the value
5of those vehicles during the immediately preceding fiscal year.

6(6) The total number of vehicles stolen during the immediately
7preceding fiscal year as compared to the fiscal year prior to the
8immediately preceding fiscal year.

9(7) Any additional, unexpended fee revenues received under
10subdivision (b) for the county for the immediately preceding fiscal
11year.

12(h) Each county that fails to submit the report required pursuant
13to subdivision (g) by November 30 of each year shall have the fee
14suspended by the Controller for one year, commencing on July 1
15following the Controller’s determination that a county has failed
16to submit the report.

17(i) (1) On or before January 1, 2013, and on or before January
181 of each year, the Controller shall provide to the Department of
19the California Highway Patrol copies of the yearend reports
20submitted by the counties under subdivision (g), and, in
21consultation with the Department of the California Highway Patrol,
22shall review the fiscal yearend reports submitted by each county
23pursuant to subdivision (g) to determine if fee revenues are being
24utilized in a manner consistent with this section. If the Controller
25determines that the use of the fee revenues is not consistent with
26this section, the Controller shall consult with the participating
27counties’ designated regional coordinators. If the Controller
28determines that use of the fee revenues is still not consistent with
29this section, the authority to collect the fee by that county shall be
30suspended for one year.

31(2) If the Controller determines that a county has not submitted
32a fiscal yearend report as required in subdivision (g), the
33authorization to collect the service fee shall be suspended for one
34year pursuant to subdivision (h).

35(3) begin deleteWhen end deletebegin insertIf end insertthe Controller determines that a fee shall be
36suspended for a county, the Controller shall inform the Department
37of Motor Vehicles on or before January 1 of each year that the
38authority to collect a fee for that county is suspended.

begin delete

39(j) On or before January 1 of each year, the Controller shall
40prepare and submit to the Legislature a revenue and expenditure
P25   1summary for each participating county that includes all of the
2following:

end delete
begin delete

3(1) The total revenues received by each county.

end delete
begin delete

4(2) The total expenditures by each county.

end delete
begin delete

5(3) The unexpended revenues for each county.

end delete
begin delete

6(k)

end delete

7begin insert(j)end insert For the purposes of this section, a county-designated regional
8coordinator is that agency designated by the participating county’s
9board of supervisors as the agency in control of its countywide
10vehicle theft apprehension program.

begin delete

11(l)

end delete

12begin insert(k)end insert This section shall remain in effect only until January 1, 2018,
13and as of that date is repealed, unless a later enacted statute that
14is enacted on or before January 1, 2018, deletes or extends that
15date.

16

SEC. 16.  

Section 11462 of the Welfare and Institutions Code
17 is amended to read:

18

11462.  

(a) (1) Effective July 1, 1990, foster care providers
19licensed as group homes, as defined in departmental regulations,
20including public child care institutions, as defined in Section
2111402.5, shall have rates established by classifying each group
22home program and applying the standardized schedule of rates.
23The department shall collect information from group providers
24beginning January 1, 1990, in order to classify each group home
25program.

26(2) Notwithstanding paragraph (1), foster care providers licensed
27as group homes shall have rates established only if the group home
28is organized and operated on a nonprofit basis as required under
29subdivision (h) of Section 11400. The department shall terminate
30the rate effective January 1, 1993, of any group home not organized
31and operated on a nonprofit basis as required under subdivision
32(h) of Section 11400.

33(3) (A) The department shall determine, consistent with the
34requirements of this chapter and other relevant requirements under
35law, the rate classification level (RCL) for each group home
36program on a biennial basis. Submission of the biennial rate
37application shall be made according to a schedule determined by
38the department.

39(B) The department shall adopt regulations to implement this
40paragraph. The adoption, amendment, repeal, or readoption of a
P26   1regulation authorized by this paragraph is deemed to be necessary
2for the immediate preservation of the public peace, health and
3safety, or general welfare, for purposes of Sections 11346.1 and
411349.6 of the Government Code, and the department is hereby
5exempted from the requirement to describe specific facts showing
6the need for immediate action.

7(b) A group home program shall be initially classified, for
8purposes of emergency regulations, according to the level of care
9and services to be provided using a point system developed by the
10department and described in the report, “The Classification of
11Group Home Programs under the Standardized Schedule of Rates
12System,” prepared by the State Department of Social Services,
13August 30, 1989.

14(c) The rate for each RCL has been determined by the
15department with data from the AFDC-FC Group Home Rate
16Classification Pilot Study. The rates effective July 1, 1990, were
17developed using 1985 calendar year costs and reflect adjustments
18to the costs for each fiscal year, starting with the 1986-87 fiscal
19year, by the amount of the California Necessities Index computed
20pursuant to the methodology described in Section 11453. The data
21obtained by the department using 1985 calendar year costs shall
22be updated and revised by January 1, 1993.

23(d) As used in this section, “standardized schedule of rates”
24means a listing of the 14 rate classification levels, and the single
25rate established for each RCL.

26(e) Except as specified in paragraph (1), the department shall
27determine the RCL for each group home program on a prospective
28basis, according to the level of care and services that the group
29home operator projects will be provided during the period of time
30for which the rate is being established.

31(1) (A) (i) For new and existing providers requesting the
32establishment of an RCL, and for existing group home programs
33requesting an RCL increase, the department shall determine the
34RCL no later than 13 months after the effective date of the
35provisional rate. The determination of the RCL shall be based on
36a program audit of documentation and other information that
37verifies the level of care and supervision provided by the group
38home program during a period of the two full calendar months or
3960 consecutive days, whichever is longer, preceding the date of
40the program audit, unless the group home program requests a lower
P27   1RCL. The program audit shall not cover the first six months of
2operation under the provisional rate.

3(ii) For audit purposes, if the group home program serves a
4mixture of AFDC-FC eligible and ineligible children, the weighted
5hours for child care and social work services provided and the
6capacity of the group home shall be adjusted by the ratio of
7AFDC-FC eligible children to all children in placement.

8(iii) Pending the department’s issuance of the program audit
9report that determines the RCL for the group home program, the
10group home program shall be eligible to receive a provisional rate
11that shall be based on the level of care and service that the group
12home program proposes it will provide. The group home program
13shall be eligible to receive only the RCL determined by the
14department during the pendency of any appeal of the department’s
15RCL determination.

16(B) A group home program may apply for an increase in its
17RCL no earlier than two years from the date the department has
18determined the group home program’s rate, unless the host county,
19the primary placing county, or a regional consortium of counties
20submits to the department in writing that the program is needed
21in that county, that the provider is capable of effectively and
22efficiently operating the proposed program, and that the provider
23is willing and able to accept AFDC-FC children for placement
24who are determined by the placing agency to need the level of care
25and services that will be provided by the program.

26(C) To ensure efficient administration of the department’s audit
27responsibilities, and to avoid the fraudulent creation of records,
28group home programs shall make records that are relevant to the
29RCL determination available to the department in a timely manner.
30Except as provided in this section, the department may refuse to
31consider, for purposes of determining the rate, any documents that
32are relevant to the determination of the RCL that are not made
33available by the group home provider by the date the group home
34provider requests a hearing on the department’s RCL
35determination. The department may refuse to consider, for purposes
36of determining the rate, the following records, unless the group
37home provider makes the records available to the department
38during the fieldwork portion of the department’s program audit:

39(i) Records of each employee’s full name, home address,
40occupation, and social security number.

P28   1(ii) Time records showing when the employee begins and ends
2each work period, meal periods, split shift intervals, and total daily
3hours worked.

4(iii) Total wages paid each payroll period.

5(iv) Records required to be maintained by licensed group home
6providers under Title 22 of the California Code of Regulations
7that are relevant to the RCL determination.

8(D) To minimize financial abuse in the startup of group home
9programs, when the department’s RCL determination is more than
10three levels lower than the RCL level proposed by the group home
11provider, and the group home provider does not appeal the
12department’s RCL determination, the department shall terminate
13the rate of a group home program 45 days after issuance of its
14program audit report. When the group home provider requests a
15hearing on the department’s RCL determination, and the RCL
16determined by the director under subparagraph (E) is more than
17three levels lower than the RCL level proposed by the group home
18provider, the department shall terminate the rate of a group home
19program within 30 days of issuance of the director’s decision.
20Notwithstanding the reapplication provisions in subparagraph (B),
21the department shall deny any request for a new or increased RCL
22from a group home provider whose RCL is terminated pursuant
23to this subparagraph, for a period of no greater than two years from
24the effective date of the RCL termination.

25(E) A group home provider may request a hearing of the
26department’s RCL determination under subparagraph (A) no later
27than 30 days after the date the department issues its RCL
28determination. The department’s RCL determination shall be final
29if the group home provider does not request a hearing within the
30prescribed time. Within 60 days of receipt of the request for
31hearing, the department shall conduct a hearing on the RCL
32determination. The standard of proof shall be the preponderance
33of the evidence and the burden of proof shall be on the department.
34The hearing officer shall issue the proposed decision within 45
35days of the close of the evidentiary record. The director shall adopt,
36reject, or modify the proposed decision, or refer the matter back
37to the hearing officer for additional evidence or findings within
38100 days of issuance of the proposed decision. If the director takes
39no action on the proposed decision within the prescribed time, the
40proposed decision shall take effect by operation of law.

P29   1(2) Group home programs that fail to maintain at least the level
2of care and services associated with the RCL upon which their rate
3was established shall inform the department. The department shall
4develop regulations specifying procedures to be applied when a
5group home fails to maintain the level of services projected,
6including, but not limited to, rate reduction and recovery of
7overpayments.

8(3) The department shall not reduce the rate, establish an
9overpayment, or take other actions pursuant to paragraph (2) for
10any period that a group home program maintains the level of care
11and services associated with the RCL for children actually residing
12in the facility. Determinations of levels of care and services shall
13be made in the same way as modifications of overpayments are
14made pursuant to paragraph (2) of subdivision (b) of Section
1511466.2.

16(4) A group home program that substantially changes its staffing
17pattern from that reported in the group home program statement
18shall provide notification of this change to all counties that have
19placed children currently in care. This notification shall be provided
20whether or not the RCL for the program may change as a result of
21the change in staffing pattern.

22(f) (1) The standardized schedule of rates for the 2002-03,
232003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years
24is:


25

 

Rate

Point Ranges 

FY 2002-03, 2003-04,

Classification

   

2004-05, 2005-06, 2006-07, and 2007-08

Level

   

Standard Rate

1

Under 60 

$1,454

2

 60- 89 

 1,835

3

 90-119 

 2,210

4

120-149 

 2,589

5

150-179 

 2,966

6

180-209 

 3,344

7

210-239 

 3,723

8

240-269 

 4,102

9

270-299 

 4,479

10 

300-329 

 4,858

11 

330-359 

 5,234

12 

360-389 

 5,613

13 

390-419 

 5,994

14 

420 & Up 

 6,371

14P30  3316P30  34

 

P30   5(2) (A) For group home programs that receive AFDC-FC
6payments for services performed during the 2002-03, 2003-04,
72004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10
8fiscal years, the adjusted RCL point ranges below shall be used
9for establishing the biennial rates for existing programs, pursuant
10to paragraph (3) of subdivision (a) and in performing program
11audits and in determining any resulting rate reduction, overpayment
12assessment, or other actions pursuant to paragraph (2) of
13subdivision (e):

 

Rate

Adjusted Point Ranges

Classification

for the 2002-03, 2003-04,

Level

2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 Fiscal Years

1

Under 54 

2

 54- 81

3

 82-110

4

111-138

5

139-167

6

168-195

7

196-224

8

225-253

9

254-281

10

282-310

11

311-338

12

339-367

13

368-395

14

 396 & Up

P30  3316P30  34

 

34(B) Notwithstanding subparagraph (A), foster care providers
35operating group homes during the 2002-03, 2003-04, 2004-05,
362005-06, 2006-07, 2007-08, 2008-09, and 2009-10 fiscal years
37shall remain responsible for ensuring the health and safety of the
38children placed in their programs in accordance with existing
39applicable provisions of the Health and Safety Code and
P31   1community care licensing regulations, as contained in Title 22 of
2the Code of California Regulations.

3(C) Subparagraph (A) shall not apply to program audits of group
4home programs with provisional rates established pursuant to
5paragraph (1) of subdivision (e). For those program audits, the
6RCL point ranges in paragraph (1) shall be used.

7(D) Rates applicable for the 2009-10 fiscal year pursuant to the
8act that adds this subparagraph shall be effective October 1, 2009.

9(3) (A) For group home programs that receive AFDC-FC
10payments for services performed during the 2009-10 fiscal year
11the adjusted RCL point ranges below shall be used for establishing
12the biennial rates for existing programs, pursuant to paragraph (3)
13of subdivision (a) and in performing program audits and in
14determining any resulting rate reduction, overpayment assessment,
15or other actions pursuant to paragraph (2) of subdivision (e):

 

Rate

Adjusted Point Ranges

Classification

for the 2009-10

Level

Fiscal Years

1

Under 39 

2

 39-64

3

 65-90

4

  91-115

5

116-141

6

142-167

7

168-192

8

193-218

9

219-244

10

245-270

11

271-295

12

296-321

13

322-347

14

 348 & Up

P30  34

 

35(B) Notwithstanding subparagraph (A), foster care providers
36operating group homes during the 2009-10 fiscal year shall remain
37responsible for ensuring the health and safety of the children placed
38in their programs in accordance with existing applicable provisions
39of the Health and Safety Code and community care licensing
P32   1regulations as contained in Title 22 of the California Code of
2Regulations.

3(C) Subparagraph (A) shall not apply to program audits of group
4home programs with provisional rates established pursuant to
5paragraph (1) of subdivision (e). For those program audits, the
6RCL point ranges in paragraph (1) shall be used.

7(g) (1) (A) For the 1999-2000 fiscal year, the standardized
8rate for each RCL shall be adjusted by an amount equal to the
9California Necessities Index computed pursuant to the methodology
10described in Section 11453. The resultant amounts shall constitute
11the new standardized schedule of rates, subject to further
12adjustment pursuant to subparagraph (B).

13(B) In addition to the adjustment in subparagraph (A),
14commencing January 1, 2000, the standardized rate for each RCL
15shall be increased by 2.36 percent, rounded to the nearest dollar.
16The resultant amounts shall constitute the new standardized
17schedule of rates.

18(2) Beginning with the 2000-01 fiscal year, the standardized
19schedule of rates shall be adjusted annually by an amount equal
20to the CNI computed pursuant to Section 11453, subject to the
21availability of funds. The resultant amounts shall constitute the
22new standardized schedule of rates.

23(3) Effective January 1, 2001, the amount included in the
24standard rate for each Rate Classification Level (RCL) for the
25salaries, wages, and benefits for staff providing child care and
26supervision or performing social work activities, or both, shall be
27increased by 10 percent. This additional funding shall be used by
28group home programs solely to supplement staffing, salaries,
29wages, and benefit levels of staff specified in this paragraph. The
30standard rate for each RCL shall be recomputed using this adjusted
31amount and the resultant rates shall constitute the new standardized
32schedule of rates. The department may require a group home
33receiving this additional funding to certify that the funding was
34utilized in accordance with the provisions of this section.

35(4) Effective January 1, 2008, the amount included in the
36standard rate for each RCL for the wages for staff providing child
37care and supervision or performing social work activities, or both,
38shall be increased by 5 percent, and the amount included for the
39payroll taxes and other employer-paid benefits for these staff shall
40be increased from 20.325 percent to 24 percent. The standard rate
P33   1for each RCL shall be recomputed using these adjusted amounts,
2and the resulting rates shall constitute the new standardized
3schedule of rates.

4(5) The new standardized schedule of rates as provided for in
5paragraph (4) shall be reduced by 10 percent, effective October 1,
62009, and the resulting rates shall constitute the new standardized
7schedule of rates.

8(6) The rates of licensed group home providers, whose rates are
9not established under the standardized schedule of rates, shall be
10reduced by 10 percent, effective October 1, 2009.

11(h) The standardized schedule of rates pursuant to subdivisions
12(f) and (g) shall be implemented as follows:

13(1) Any group home program that received an AFDC-FC rate
14in the prior fiscal year at or above the standard rate for the RCL
15in the current fiscal year shall continue to receive that rate.

16(2) Any group home program that received an AFDC-FC rate
17in the prior fiscal year below the standard rate for the RCL in the
18current fiscal year shall receive the RCL rate for the current year.

19(i) (1) The department shall not establish a rate for a new
20program of a new or existing provider, or for an existing program
21at a new location of an existing provider, unless the provider
22submits a letter of recommendation from the host county, the
23primary placing county, or a regional consortium of counties that
24includes all of the following:

25(A) That the program is needed by that county.

26(B) That the provider is capable of effectively and efficiently
27operating the program.

28(C) That the provider is willing and able to accept AFDC-FC
29children for placement who are determined by the placing agency
30to need the level of care and services that will be provided by the
31program.

32(D) That, if the letter of recommendation is not being issued by
33the host county, the primary placing county has notified the host
34county of its intention to issue the letter and the host county was
35given the opportunity of 30 days to respond to this notification
36and to discuss options with the primary placing county.

37(2) The department shall encourage the establishment of
38consortia of county placing agencies on a regional basis for the
39purpose of making decisions and recommendations about the need
P34   1for, and use of, group home programs and other foster care
2providers within the regions.

3(3) The department shall annually conduct a county-by-county
4survey to determine the unmet placement needs of children placed
5pursuant to Section 300 and Section 601 or 602, and shall publish
6its findings by November 1 of each year.

7(j) The department shall develop regulations specifying
8ratesetting procedures for program expansions, reductions, or
9modifications, including increases or decreases in licensed capacity,
10or increases or decreases in level of care or services.

11(k) For the purpose of this subdivision, “program change” means
12 any alteration to an existing group home program planned by a
13provider that will increase the RCL or AFDC-FC rate. An increase
14in the licensed capacity or other alteration to an existing group
15home program that does not increase the RCL or AFDC-FC rate
16shall not constitute a program change.

17(l) General unrestricted or undesignated private charitable
18donations and contributions made to charitable or nonprofit
19organizations shall not be deducted from the cost of providing
20services pursuant to this section. The donations and contributions
21shall not be considered in any determination of maximum
22expenditures made by the department.

begin delete

23(m) The department shall, by October 1 of each year,
24commencing October 1, 1992, provide the Joint Legislative Budget
25Committee with a list of any new departmental requirements
26established during the previous fiscal year concerning the operation
27of group homes, and of any unusual, industrywide increase in costs
28associated with the provision of group care that may have
29significant fiscal impact on providers of group homes care. The
30committee may, in fiscal year 1993-94 and beyond, use the list to
31determine whether an appropriation for rate adjustments is needed
32in the subsequent fiscal year.

end delete
33

SEC. 17.  

Section 14132 of the Welfare and Institutions Code
34 is amended to read:

35

14132.  

Thebegin delete following is theend delete schedule of benefits under this
36chapterbegin insert is as followsend insert:

37(a) Outpatient services are covered as follows:

38Physician, hospital or clinic outpatient, surgical center,
39respiratory care, optometric, chiropractic, psychology, podiatric,
40occupational therapy, physical therapy, speech therapy, audiology,
P35   1acupuncture to the extent federal matching funds are provided for
2acupuncture, and services of persons rendering treatment by prayer
3or healing by spiritual means in the practice of any church or
4religious denomination insofar as these can be encompassed by
5federal participation under an approved plan, subject to utilization
6controls.

7(b) (1) Inpatient hospital services, including, but not limited
8to, physician and podiatric services, physical therapy and
9occupational therapy, are covered subject to utilization controls.

10(2) For Medi-Cal fee-for-service beneficiaries, emergency
11services and care that are necessary for the treatment of an
12emergency medical condition and medical care directly related to
13the emergency medical condition. This paragraph shall not be
14construed to change the obligation of Medi-Cal managed care
15plans to provide emergency services and care. For the purposes of
16this paragraph, “emergency services and care” and “emergency
17medical condition” shall have the same meanings as those terms
18are defined in Section 1317.1 of the Health and Safety Code.

19(c) Nursing facility services, subacute care services, and services
20provided by any category of intermediate care facility for the
21developmentally disabled, including podiatry, physician, nurse
22practitioner services, and prescribed drugs, as described in
23subdivision (d), are covered subject to utilization controls.
24Respiratory care, physical therapy, occupational therapy, speech
25therapy, and audiology services for patients in nursing facilities
26and any category of intermediate care facility for the
27developmentally disabled are covered subject to utilization controls.

28(d) (1) Purchase of prescribed drugs is covered subject to the
29Medi-Cal List of Contract Drugs and utilization controls.

30(2) Purchase of drugs used to treat erectile dysfunction or any
31off-label uses of those drugs are covered only to the extent that
32federal financial participation is available.

33(3) (A) To the extent required by federal law, the purchase of
34outpatient prescribed drugs, for which the prescription is executed
35by a prescriber in written, nonelectronic form on or after April 1,
362008, is covered only when executed on a tamper resistant
37prescription form. The implementation of this paragraph shall
38conform to the guidance issued by the federal Centers of Medicare
39and Medicaid Services but shall not conflict with state statutes on
40the characteristics of tamper resistant prescriptions for controlled
P36   1substances, including Section 11162.1 of the Health and Safety
2Code. The department shall provide providers and beneficiaries
3with as much flexibility in implementing these rules as allowed
4by the federal government. The department shall notify and consult
5with appropriate stakeholders in implementing, interpreting, or
6making specific this paragraph.

7(B) Notwithstanding Chapter 3.5 (commencing with Section
811340) of Part 1 of Division 3 of Title 2 of the Government Code,
9the department may take the actions specified in subparagraph (A)
10by means of a provider bulletin or notice, policy letter, or other
11similar instructions without taking regulatory action.

12(4) (A) (i) For the purposes of this paragraph, nonlegend has
13the same meaning as defined in subdivision (a) of Section
1414105.45.

15(ii) Nonlegend acetaminophen-containing products, with the
16exception of children’s acetaminophen-containing products,
17selected by the department are not covered benefits.

18(iii) Nonlegend cough and cold products selected by the
19department are not covered benefits. This clause shall be
20implemented on the first day of the first calendar month following
2190 days after the effective date of the act that added this clause,
22or on the first day of the first calendar month following 60 days
23after the date the department secures all necessary federal approvals
24to implement this section, whichever is later.

25(iv) Beneficiaries under the Early and Periodic Screening,
26Diagnosis, and Treatment Program shall be exempt from clauses
27(ii) and (iii).

28(B) Notwithstanding Chapter 3.5 (commencing with Section
2911340) of Part 1 of Division 3 of Title 2 of the Government Code,
30the department may take the actions specified in subparagraph (A)
31by means of a provider bulletin or notice, policy letter, or other
32similar instruction without taking regulatory action.

33(e) Outpatient dialysis services and home hemodialysis services,
34including physician services, medical supplies, drugs and
35equipment required for dialysis, are covered, subject to utilization
36controls.

37(f) Anesthesiologist services when provided as part of an
38outpatient medical procedure, nurse anesthetist services when
39rendered in an inpatient or outpatient setting under conditions set
40forth by the director, outpatient laboratory services, and X-ray
P37   1services are covered, subject to utilization controls.begin delete Nothing in
2thisend delete
begin insert Thisend insert subdivision shallbegin insert notend insert be construed to require prior
3authorization for anesthesiologist services provided as part of an
4outpatient medical procedure or for portable X-ray services in a
5nursing facility or any category of intermediate care facility for
6the developmentally disabled.

7(g) Blood and blood derivatives are covered.

8(h) (1) begin insert(A)end insertbegin insertend insert Emergency and essential diagnostic and restorative
9dental services, except for orthodontic, fixed bridgework, and
10partial dentures that are not necessary for balance of a complete
11artificial denture, are covered, subject to utilization controls. The
12utilization controls shall allow emergency and essential diagnostic
13and restorative dental services and prostheses that are necessary
14to prevent a significant disability or to replace previously furnished
15prostheses which are lost or destroyed due to circumstances beyond
16the beneficiary’s control.begin delete Notwithstanding the foregoingend delete

17begin insert(B)end insertbegin insertend insertbegin insertNotwithstanding subparagraph (A)end insert, the director may by
18regulation provide for certain fixed artificial dentures necessary
19for obtaining employment or for medical conditions that preclude
20the use of removable dental prostheses, and for orthodontic services
21in cleft palate deformities administered by the department’s
22California Children Services Program.

23(2) For persons 21 years of age or older, the services specified
24in paragraph (1) shall be provided subject to the following
25conditions:

26(A) Periodontal treatment is not a benefit.

27(B) Endodontic therapy is not a benefit except for vital
28pulpotomy.

29(C) Laboratory processed crowns are not a benefit.

30(D) Removable prosthetics shall be a benefit only for patients
31as a requirement for employment.

32(E) The director may, by regulation, provide for the provision
33of fixed artificial dentures that are necessary for medical conditions
34that preclude the use of removable dental prostheses.

35(F) Notwithstanding the conditions specified in subparagraphs
36(A) to (E), inclusive, the department may approve services for
37persons with special medical disorders subject to utilization review.

38(3) Paragraph (2) shall become inoperative July 1, 1995.

39(i) Medical transportation is covered, subject to utilization
40controls.

P38   1(j) Home health care services are covered, subject to utilization
2controls.

3(k) Prosthetic and orthotic devices and eyeglasses are covered,
4subject to utilization controls. Utilization controls shall allow
5replacement of prosthetic and orthotic devices and eyeglasses
6necessary because of loss or destruction due to circumstances
7beyond the beneficiary’s control. Frame styles for eyeglasses
8replaced pursuant to this subdivision shall not change more than
9once every two years, unless the department so directs.

10Orthopedic and conventional shoes are covered when provided
11by a prosthetic and orthotic supplier on the prescription of a
12physician and when at least one of the shoes will be attached to a
13prosthesis or brace, subject to utilization controls. Modification
14of stock conventional or orthopedic shoes when medically
15indicated, is covered subject to utilization controls. When there is
16a clearly established medical need that cannot be satisfied by the
17modification of stock conventional or orthopedic shoes,
18custom-made orthopedic shoes are covered, subject to utilization
19controls.

20Therapeutic shoes and inserts are covered when provided to
21beneficiaries with a diagnosis of diabetes, subject to utilization
22controls, to the extent that federal financial participation is
23available.

24(l) Hearing aids are covered, subject to utilization controls.
25Utilization controls shall allow replacement of hearing aids
26necessary because of loss or destruction due to circumstances
27beyond the beneficiary’s control.

28(m) Durable medical equipment and medical supplies are
29covered, subject to utilization controls. The utilization controls
30shall allow the replacement of durable medical equipment and
31medical supplies when necessary because of loss or destruction
32due to circumstances beyond the beneficiary’s control. The
33utilization controls shall allow authorization of durable medical
34equipment needed to assist a disabled beneficiary in caring for a
35child for whom the disabled beneficiary is a parent, stepparent,
36foster parent, or legal guardian, subject to the availability of federal
37financial participation. The department shall adopt emergency
38regulations to define and establish criteria for assistive durable
39medical equipment in accordance with the rulemaking provisions
40of the Administrative Procedure Act (Chapter 3.5 (commencing
P39   1with Section 11340) of Part 1 of Division 3 of Title 2 of the
2Government Code).

3(n) Family planning services are covered, subject to utilization
4controls.

5(o) Inpatient intensive rehabilitation hospital services, including
6respiratory rehabilitation services, in a general acute care hospital
7are covered, subject to utilization controls, when either of the
8following criteria are met:

9(1) A patient with a permanent disability or severe impairment
10requires an inpatient intensive rehabilitation hospital program as
11described in Section 14064 to develop function beyond the limited
12amount that would occur in the normal course of recovery.

13(2) A patient with a chronic or progressive disease requires an
14inpatient intensive rehabilitation hospital program as described in
15Section 14064 to maintain the patient’s present functional level as
16long as possible.

17(p) (1) Adult day health care is covered in accordance with
18Chapter 8.7 (commencing with Section 14520).

19(2) Commencing 30 days after the effective date of the act that
20added this paragraph, and notwithstanding the number of days
21previously approved through a treatment authorization request,
22adult day health care is covered for a maximum of three days per
23week.

24(3) As provided in accordance with paragraph (4), adult day
25health care is covered for a maximum of five days per week.

26(4) As of the date that the director makes the declaration
27described in subdivision (g) of Section 14525.1, paragraph (2)
28shall become inoperative and paragraph (3) shall become operative.

29(q) (1) Application of fluoride, or other appropriate fluoride
30treatment as defined by the department, other prophylaxis treatment
31for children 17 years of age and under, are covered.

32(2) All dental hygiene services provided by a registered dental
33hygienist in alternative practice pursuant tobegin delete Sections 1768end deletebegin insert Article
349 (commencing with Section 1900) of Chapter 4 of Division 2 of
35the Business and Professions Codeend insert
andbegin delete 1770end deletebegin insert Section 1753.7end insert of
36the Business and Professions Code may be covered as long as they
37are within the scope of Denti-Cal benefits and they are necessary
38services provided by a registered dental hygienist in alternative
39practice.

P40   1(r) (1) Paramedic services performed by a city, county, or
2special district, or pursuant to a contract with a city, county, or
3special district, and pursuant to a program established underbegin delete Article
43 (commencing with Section 1480) of Chapter 2.5 of Division 2end delete

5begin insert the Emergency Medical Services System and the Prehospital
6Emergency Medical Care Personnel Act (Division 2.5 (commencing
7with Section 1797)end insert
of the Health and Safetybegin delete Codeend deletebegin insert Code)end insert by a
8 paramedic certified pursuant to thatbegin delete articleend deletebegin insert actend insert, and consisting of
9defibrillation and those services specified inbegin delete subdivision (3) of
10Section 1482 of the articleend delete
begin insert that actend insert.

11(2) All providers enrolled under this subdivision shall satisfy
12all applicable statutory and regulatory requirements for becoming
13a Medi-Cal provider.

14(3) This subdivision shall be implemented only to the extent
15funding is available under Section 14106.6.

16(s) In-home medical care services are covered when medically
17appropriate and subject to utilization controls, for beneficiaries
18who would otherwise require care for an extended period of time
19in an acute care hospital at a cost higher than in-home medical
20care services. The director shall have the authority under this
21section to contract with organizations qualified to provide in-home
22medical care services to those persons. These services may be
23provided to patients placed in shared or congregate living
24arrangements, if a home setting is not medically appropriate or
25available to the beneficiary. As used in this section, “in-home
26medical care service” includes utility bills directly attributable to
27continuous, 24-hour operation of life-sustaining medical equipment,
28to the extent that federal financial participation is available.

29As used in this subdivision, in-home medical care services,
30include, but are not limited tobegin insert, the followingend insert:

31(1) Level of care and cost of care evaluations.

32(2) Expenses, directly attributable to home care activities, for
33materials.

34(3) Physician fees for home visits.

35(4) Expenses directly attributable to home care activities for
36shelter and modification to shelter.

37(5) Expenses directly attributable to additional costs of special
38diets, including tube feeding.

39(6) Medically related personal services.

40(7) Home nursing education.

P41   1(8) Emergency maintenance repair.

2(9) Home health agency personnel benefits which permit
3coverage of care during periods when regular personnel are on
4vacation or using sick leave.

5(10) All services needed to maintain antiseptic conditions at
6stoma or shunt sites on the body.

7(11) Emergency and nonemergency medical transportation.

8(12) Medical supplies.

9(13) Medical equipment, including, but not limited to, scales,
10gurneys, and equipment racks suitable for paralyzed patients.

11(14) Utility use directly attributable to the requirements of home
12care activities which are in addition to normal utility use.

13(15) Special drugs and medications.

14(16) Home health agency supervision of visiting staff which is
15medically necessary, but not included in the home health agency
16rate.

17(17) Therapy services.

18(18) Household appliances and household utensil costs directly
19attributable to home care activities.

20(19) Modification of medical equipment for home use.

21(20) Training and orientation for use of life-support systems,
22including, but not limited to, support of respiratory functions.

23(21) Respiratory care practitioner servicesbegin insert,end insert as defined in Sections
243702 and 3703 of the Business and Professions Code, subject to
25prescription by a physician and surgeon.

26Beneficiaries receiving in-home medical care services are entitled
27to the full range of services within the Medi-Cal scope of benefits
28as defined by this section, subject to medical necessity and
29applicable utilization control. Services provided pursuant to this
30subdivision, which are not otherwise included in the Medi-Cal
31schedule of benefits, shall be available only to the extent that
32federal financial participation for these services is available in
33accordance with a home- and community-based services waiver.

34(t) Home- and community-based services approved by the
35United States Department of Health and Human Services may be
36covered to the extent that federal financial participation is available
37for those services under waivers granted in accordance with Section
38 1396n of Title 42 of the United States Code. The director may
39seek waivers for any or all home- and community-based services
40approvable under Section 1396n of Title 42 of the United States
P42   1Code. Coverage for those services shall be limited by the terms,
2conditions, and duration of the federal waivers.

3(u) Comprehensive perinatal services, as provided through an
4agreement with a health care provider designated in Section
514134.5 and meeting the standards developed by the department
6pursuant to Section 14134.5, subject to utilization controls.

7The department shall seek any federal waivers necessary to
8implement the provisions of this subdivision. The provisions for
9which appropriate federal waivers cannot be obtained shall not be
10implemented. Provisions for which waivers are obtained or for
11which waivers are not required shall be implemented
12notwithstanding any inability to obtain federal waivers for the
13 other provisions. No provision of this subdivision shall be
14implemented unless matching funds from Subchapter XIX
15(commencing with Section 1396) of Chapter 7 of Title 42 of the
16United States Code are available.

17(v) Early and periodic screening, diagnosis, and treatment for
18any individual under 21 years of age is covered, consistent with
19the requirements of Subchapter XIX (commencing with Section
201396) of Chapter 7 of Title 42 of the United States Code.

21(w) Hospice servicebegin delete whichend deletebegin insert thatend insert is Medicare-certified hospice
22service is covered, subject to utilization controls. Coverage shall
23be available only to the extent thatbegin delete noend delete additional net program costs
24arebegin insert notend insert incurred.

25(x) When a claim for treatment provided to a beneficiary
26includes both servicesbegin delete whichend deletebegin insert thatend insert are authorized and reimbursable
27under this chapter, and servicesbegin delete whichend deletebegin insert thatend insert are not reimbursable
28under this chapter, that portion of the claim for the treatment and
29services authorized and reimbursable under this chapter shall be
30payable.

31(y) Home- and community-based services approved by the
32United States Department of Health and Human Services for
33beneficiaries with a diagnosis of AIDS or ARCbegin delete,end delete who require
34intermediate care or a higher level of care.

35Services provided pursuant to a waiver obtained from the
36Secretary of the United States Department of Health and Human
37Services pursuant to this subdivision, and which are not otherwise
38included in the Medi-Cal schedule of benefits, shall be available
39only to the extent that federal financial participation for these
40services is available in accordance with the waiver, and subject to
P43   1the terms, conditions, and duration of the waiver. These services
2shall be provided to individual beneficiaries in accordance with
3the client’s needs as identified in the plan of care, and subject to
4medical necessity and applicable utilization control.

5The director may under this section contract with organizations
6qualified to provide, directly or by subcontract, services provided
7for in this subdivision to eligible beneficiaries. Contracts or
8agreements entered into pursuant to this division shall not be
9subject to the Public Contract Code.

10(z) Respiratory care when provided in organized health care
11systemsbegin insert,end insert as defined in Section 3701 of the Business and Professions
12Code, and as an in-home medical service asbegin delete outlinedend deletebegin insert providedend insert in
13subdivision (s).

14(aa) (1) There is hereby established in the department, a
15program to provide comprehensive clinical family planning
16services to any person who has a family income at or below 200
17percent of the federal poverty level, as revised annually, and who
18is eligible to receive these services pursuant to the waiver identified
19in paragraph (2). This program shall be known as the Family
20Planning, Access, Care, and Treatment (Family PACT) Program.

21(2) The department shall seek a waiver in accordance with
22Section 1315 of Title 42 of the United States Code, or a state plan
23amendment adopted in accordance with Section
24begin delete 1396a(a)(10)(A)(ii)(XXI)(ii)(2)end deletebegin insert 1396a(a)(10)(A)(ii)(XXI)end insert of Title
2542 of the United States Code, which was added to Section 1396a
26of Title 42 of the United States Code by Sectionbegin delete 2303(a)(2)end delete
27begin insert 2303(a)(1)end insert of the federal Patient Protection and Affordable Care
28Act (PPACA) (Public Law 111-148), for a program to provide
29comprehensive clinical family planning services as described in
30paragraph (8). Under the waiver, the program shall be operated
31only in accordance with the waiver and the statutes and regulations
32in paragraph (4) and subject to the terms, conditions, and duration
33of the waiver. Under the state plan amendment, which shall replace
34the waiver and shall be known as the Family PACT successor state
35plan amendment, the program shall be operated only in accordance
36with this subdivision and the statutes and regulations in paragraph
37(4). The state shall use the standards and processes imposed by
38the state on January 1, 2007, including the application of an
39eligibility discount factor to the extent required by the federal
40Centers for Medicare and Medicaid Services, for purposes of
P44   1determining eligibility as permitted under Section
2begin delete 1396a(a)(10)(A)(ii)(XXI)(ii)(2)end deletebegin insert 1396a(ii)(2)end insert of Title 42 of the
3United States Code. To the extent that federal financial
4participation is available, the program shall continue to conduct
5education, outreach, enrollment, service delivery, and evaluation
6services as specified under the waiver. The services shall be
7provided under the program only if the waiver and, when
8applicable, the successor state plan amendment are approved by
9the federal Centers for Medicare and Medicaid Services and only
10to the extent that federal financial participation is available for the
11services. Nothing in this section shall prohibit the department from
12seeking the Family PACT successor state plan amendment during
13the operation of the waiver.

14(3) Solely for the purposes of the waiver or Family PACT
15successor state plan amendment and notwithstanding any other
16provision of law, the collection and use of an individual’s social
17security number shall be necessary only to the extent required by
18federal law.

19(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005,
20and 24013, and any regulations adopted under thesebegin delete statutesend delete
21begin insert provisionsend insert shall apply to the program provided for under this
22subdivision.begin delete Noend deletebegin insert Anyend insert other provision of law under the Medi-Cal
23program or the State-Only Family Planning Program shallbegin insert notend insert
24 apply to the program provided for under this subdivision.

25(5) Notwithstanding Chapter 3.5 (commencing with Section
2611340) of Part 1 of Division 3 of Title 2 of the Government Code,
27the department may implement, without taking regulatory action,
28the provisions of the waiver after its approval by the federal Health
29Care Financing Administration and the provisions of this section
30by means of an all-county letter or similar instruction to providers.
31Thereafter, the department shall adopt regulations to implement
32this section and the approved waiver in accordance with the
33requirements of Chapter 3.5 (commencing with Section 11340) of
34Part 1 of Division 3 of Title 2 of the Government Code.begin delete Beginning
35six months after the effective date of the act adding this
36subdivision, the department shall provide a status report to the
37Legislature on a semiannual basis until regulations have been
38adopted.end delete

39(6) begin deleteIn the event that end deletebegin insertIf end insertthe Department of Finance determines
40that the program operated under the authority of the waiver
P45   1described in paragraph (2) or the Family PACT successor state
2plan amendment is no longer cost effective, this subdivision shall
3become inoperative on the first day of the first month following
4the issuance of a 30-day notification of that determination in
5writing by the Department of Finance to the chairperson in each
6house that considers appropriations, the chairpersons of the
7committees, and the appropriate subcommittees in each house that
8considers the State Budget, and the Chairperson of the Joint
9Legislative Budget Committee.

10(7) If this subdivision ceases to be operative, all persons who
11have received or are eligible to receive comprehensive clinical
12family planning services pursuant to the waiver described in
13paragraph (2) shall receive family planning services under the
14Medi-Cal program pursuant to subdivision (n) if they are otherwise
15eligible for Medi-Cal with no share of cost, or shall receive
16comprehensive clinical family planning services under the program
17established in Division 24 (commencing with Section 24000) either
18if they are eligible for Medi-Cal with a share of cost or if they are
19otherwise eligible under Section 24003.

20(8) For purposes of this subdivision, “comprehensive clinical
21family planning services” means the process of establishing
22objectives for the number and spacing of children, and selecting
23the means by which those objectives may be achieved. These
24means include a broad range of acceptable and effective methods
25and services to limit or enhance fertility, including contraceptive
26methods, federal Food and Drug Administration approved
27contraceptive drugs, devices, and supplies, natural family planning,
28abstinence methods, and basic, limited fertility management.
29Comprehensive clinical family planning services include, but are
30not limited to, preconception counseling, maternal and fetal health
31counseling, general reproductive health care, including diagnosis
32and treatment of infections and conditions, including cancer, that
33threaten reproductive capability, medical family planning treatment
34and procedures, including supplies and followup, and
35informational, counseling, and educational services.
36Comprehensive clinical family planning services shall not include
37abortion, pregnancy testing solely for the purposes of referral for
38abortion or services ancillary to abortions, or pregnancy care that
39is not incident to the diagnosis of pregnancy. Comprehensive
P46   1clinical family planning services shall be subject to utilization
2control and include all of the following:

3(A) Family planning related services and male and female
4sterilization. Family planning services for men and women shall
5include emergency services and services for complications directly
6related to the contraceptive method, federal Food and Drug
7Administration approved contraceptive drugs, devices, and
8supplies, and followup, consultation, and referral services, as
9indicated, which may require treatment authorization requests.

10(B) All United States Department of Agriculture, federal Food
11and Drug Administration approved contraceptive drugs, devices,
12and supplies that are in keeping with current standards of practice
13and from which the individual may choose.

14(C) Culturally and linguistically appropriate health education
15and counseling services, including informed consent, that include
16all of the following:

17(i) Psychosocial and medical aspects of contraception.

18(ii) Sexuality.

19(iii) Fertility.

20(iv) Pregnancy.

21(v) Parenthood.

22(vi) Infertility.

23(vii) Reproductive health care.

24(viii) Preconception and nutrition counseling.

25(ix) Prevention and treatment of sexually transmitted infection.

26(x) Use of contraceptive methods, federal Food and Drug
27Administration approved contraceptive drugs, devices, and
28supplies.

29(xi) Possible contraceptive consequences and followup.

30(xii) Interpersonal communication and negotiation of
31relationships to assist individuals and couples in effective
32contraceptive method use and planning families.

33(D) A comprehensive health history, updated at the next periodic
34visit (between 11 and 24 months after initial examination) that
35includes a complete obstetrical history, gynecological history,
36contraceptive history, personal medical history, health risk factors,
37and family health history, including genetic or hereditary
38conditions.

39(E) A complete physical examination on initial and subsequent
40periodic visits.

P47   1(F) Services, drugs, devices, and supplies deemed by the federal
2Centers for Medicare and Medicaid Services to be appropriate for
3inclusion in the program.

4(9) In order to maximize the availability of federal financial
5participation under this subdivision, the director shall have the
6discretion to implement the Family PACT successor state plan
7amendment retroactively to July 1, 2010.

8(ab) (1) Purchase of prescribed enteral nutrition products is
9covered, subject to the Medi-Cal list of enteral nutrition products
10and utilization controls.

11(2) Purchase of enteral nutrition products is limited to those
12products to be administered through a feeding tube, including, but
13not limited to, a gastric, nasogastric, or jejunostomy tube.
14Beneficiaries under the Early and Periodic Screening, Diagnosis,
15and Treatment Program shall be exempt from this paragraph.

16(3) Notwithstanding paragraph (2), the department may deem
17an enteral nutrition product, not administered through a feeding
18tube, including, but not limited to, a gastric, nasogastric, or
19 jejunostomy tube, a benefit for patients with diagnoses, including,
20but not limited to, malabsorption and inborn errors of metabolism,
21if the product has been shown to be neither investigational nor
22experimental when used as part of a therapeutic regimen to prevent
23serious disability or death.

24(4) Notwithstanding Chapter 3.5 (commencing with Section
2511340) of Part 1 of Division 3 of Title 2 of the Government Code,
26the department may implement the amendments to this subdivision
27made by the act that added this paragraph by means of all-county
28letters, provider bulletins, or similar instructions, without taking
29regulatory action.

30(5) The amendments made to this subdivision by the act that
31added this paragraph shall be implementedbegin insert onend insert June 1, 2011, or on
32the first day of the first calendar month following 60 days after
33the date the department secures all necessary federal approvals to
34implement this section, whichever is later.

35(ac) Diabetic testing supplies are covered when provided by a
36pharmacy, subject to utilization controls.

37

SEC. 18.  

Section 14701 of the Welfare and Institutions Code
38 is amended to read:

39

14701.  

(a) The State Department of Health Care Services, in
40collaboration with the State Department of Mental Health and the
P48   1California Health and Human Services Agency, shall create a state
2administrative and programmatic transition plan, either as one
3comprehensive transition plan or separately, to guide the transfer
4of the Medi-Cal specialty mental health managed care and the
5EPSDT Program to the State Department of Health Care Services
6effective July 1, 2012.

begin delete

7(1)

end delete

8begin insert(b)end insertbegin insertend insertbegin insert(1)end insert Commencing no later than July 15, 2011, the State
9Department of Health Care Services, together with the State
10Department of Mental Health, shall convene a series of stakeholder
11meetings and forums to receive input from clients, family members,
12providers, counties, and representatives of the Legislature
13concerning the transition and transfer of Medi-Cal specialty mental
14health managed care and the EPSDT Program. This consultation
15shall inform the creation of a state administrative transition plan
16and a programmatic transition plan that shall include, but is not
17limited to, the following components:

18(A) The plan shall ensurebegin insert thatend insert it is developed in a way that
19continues access and quality of service during and immediately
20after the transition, preventing any disruption of services to clients
21and family members, providers and counties, and others affected
22by this transition.

23(B) A detailed description of the state administrative functions
24currently performed by the State Department of Mental Health
25regarding Medi-Cal specialty mental health managed care and the
26EPSDT Program.

27(C) Explanations of the operational steps, timelines, and key
28milestones for determining when and how each function or program
29will be transferred. These explanations shall also be developed for
30the transition of positions and staff serving Medi-Cal specialty
31mental health managed care and the EPSDT Program, and how
32these will relate to, and align with, positions at the State
33Department of Health Care Services. The State Department of
34Health Care Services and the California Health and Human
35Services Agency shall consult with the Department of Personnel
36Administration in developing this aspect of the transition plan.

37(D) A list of any planned or proposed changes or efficiencies
38in how the functions will be performed, including the anticipated
39fiscal and programmatic impacts of the changes.

P49   1(E) A detailed organization chart that reflects the planned
2staffing at the State Department of Health Care Services in light
3of the requirements of subparagraphs (A) to (C), inclusive, and
4includes focused, high-level leadership for behavioral health issues.

5(F) A description of how stakeholders were included in the
6various phases of the planning process to formulate the transition
7plans and a description of how their feedback will be taken into
8consideration after transition activities are underway.

9(2) The State Department of Health Care Services, together with
10the State Department of Mental Health and the California Health
11and Human Services Agency, shall convene and consult with
12stakeholders at least twice following production of a draft of the
13transition plans and before submission of transition plans to the
14Legislature. Continued consultation with stakeholders shall occur
15in accordance with the requirement in subparagraph (F) of
16paragraph (1).

begin delete

17(b) The State Department of Health Care Services shall provide
18the transition plans described in subdivision (a) to all fiscal
19committees and appropriate policy committees of the Legislature
20no later than October 1, 2011. The transition plans may also be
21updated by the Governor and provided to all fiscal and applicable
22policy committees of the Legislature upon its completion, but no
23later than May 15, 2012.

end delete
24

SEC. 19.  

Section 4 of Chapter 1299 of the Statutes of 1992,
25as amended by Section 3 of Chapter 791 of the Statutes of 1997,
26is repealed.

begin delete
27

Sec. 4.  

(a) The Legislature finds and declares that the
28requirement of completion of a minimum of two academic years
29of dental education does not result in undue hardship upon, or
30adversely impact, international dental candidates.

31(b) (1) The Board of Dental Examiners shall collect data on
32the international dental candidates who are admitted to, and take,
33the restorative technique examination on and after January 1, 1993.
34The board shall report to the Legislature between June 1, 1998,
35and December 31, 1998, inclusive, on the impact of Section 1636.5
36of the Business and Professions Code on those international dental
37candidates about whom the data is collected pursuant to this
38subdivision.

P50   1(2) The report prepared pursuant to this subdivision shall
2include, for each administration of the restorative technique
3examination, all of the following information:

4(A) The number of international dental candidates who fail the
5examination for the third time.

6(B) The number of international dental candidates who, after
7failing the examination for the third time, apply to international
8dental studies programs in California, and the number of these
9candidates accepted by these programs.

10(C) The number of international dental candidates who, after
11failing the examination for the third time, apply to any dental
12studies program, in or out of California, and the number of these
13candidates accepted by these programs.

end delete


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