BILL NUMBER: AB 1420 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 1917.1 of the Business and Professions Code is
amended to read:
1917.1. (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
(1) A completed application form and all fees required by the
committee.
(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years immediately preceding the date
of his or her application under this section. The clinical practice
requirement shall be deemed met if the applicant provides proof of at
least three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the
committee a copy of a pending contract to practice dental hygiene in
any of the following facilities:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
(5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she , is or has been
previously , issued any professional or vocational
license. If the applicant has been subject to disciplinary action,
the committee shall review that action to determine if it warrants
refusal to issue a license to the applicant.
(6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
(7) Proof of satisfactory completion of the National Dental
Hygiene Board Examination and of a state clinical examination,
regional clinical licensure examination, or any other clinical dental
hygiene examination approved by the committee.
(8) Proof that the applicant has not failed the state clinical
examination, the examination given by the Western Regional Examining
Board, or any other clinical dental hygiene examination approved by
the committee for licensure to practice dental hygiene under this
chapter more than once or once within five years prior to the date of
his or her application for a license under this section.
(9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
(10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
(b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
(c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas in the state.
(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
(d) The committee shall review the impact of this section on the
availability of actively practicing registered dental hygienists in
California and report to the appropriate policy and fiscal committees
of the Legislature by January 1, 2012. The report shall include a
separate section providing data specific to registered dental
hygienists who intend to fulfill the alternative clinical practice
requirements of subdivision (a). The report shall include, but shall
not be limited to, the following:
(1) The number of applicants from other states who have sought
licensure.
(2) The number of registered dental hygienists from other states
licensed pursuant to this section, the number of licenses not
granted, and the reason why the license was not granted.
(3) The practice location of registered dental hygienists licensed
pursuant to this section. In identifying a registered dental
hygienist's location of practice, the committee shall use medical
service study areas or other appropriate geographic descriptions for
regions of the state.
(4) The number of registered dental hygienists licensed pursuant
to this section who establish a practice in a rural area or in an
area designated as having a shortage of practicing registered dental
hygienists or no registered dental hygienists or in a safety net
facility identified in paragraph (3) of subdivision (a).
(5) The length of time registered dental hygienists licensed
pursuant to this section practiced in the reported location.
SEC. 2. Section 2028.5 of the Business and Professions Code is
amended to read:
2028.5. (a) The board may establish a pilot program to expand the
practice of telehealth in this state.
(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
(c) The purpose of the pilot program shall be to develop methods,
using a telehealth model, to deliver throughout the state health care
to persons with chronic diseases as well as information on the best
practices for chronic disease management services and techniques and
other health care information as deemed appropriate.
(d) The board shall make a report with its recommendations
regarding its findings to the Legislature within one calendar year of
the commencement date of the pilot program. The report shall include
an evaluation of the improvement and affordability of health care
services and the reduction in the number of complications achieved by
the pilot program.
SEC. 3. Section 5092 of the Business and Professions Code is
amended to read:
5092. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who applied, qualified, and sat for at least two
subjects of the examination for the certified public accountant
license before May 15, 2002, may provide this evidence at the time of
application for licensure.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this
article.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) This section shall become inoperative on January 1, 2014, but
shall become or remain operative if the educational requirements in
ethics study and accounting study established by subdivision (b) of
Section 5094, Section 5094.5, 5093 and
Section 5094.6 are reduced or eliminated.
SEC. 4. Section 12104 of the Business and Professions Code is
amended to read:
12104. (a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by these
officers in the discharge of their duties.
(b) Instructions and recommendations that are made to ensure
statewide weights and measures protection shall include a local
administration cost analysis utilizing data provided by the county
sealer. The cost analysis shall identify the joint programs or
activities for which funds necessary to maintain adequate county
administration and enforcement have not been provided. The secretary
shall develop, jointly with the county sealers, county priorities for
the enforcement programs and activities of the secretary.
(c) The secretary shall, upon request, report to the Legislature
his or her findings concerning the cost analysis with specific regard
to programs where funds are inadequate for an efficient enforcement
program, together with a listing of the priorities jointly
established by the secretary and the county sealers that are
contained in the formal instructions and recommendations.
SEC. 5. Section 14076 of the Corporations Code, as amended by
Section 6 of Chapter 648 of the Statutes of 2012, is amended to read:
14076. (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 20 percent, so that
the financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The agency
shall report annually to the Legislature on the financial status of
the corporations and their portfolio of loans and surety bonds
guaranteed. The agency shall include this information
in the annual report submitted to the Legislature by the
director pursuant to subdivision (b) of Section 14030.2.
(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 6. Section 14076 of the Corporations Code, as amended by
Section 7 of Chapter 648 of the Statutes of 2012, is amended to read:
14076. (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless the
agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that the
financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The agency
shall report annually to the Legislature on the financial status of
the corporations and their portfolio of loans and surety bonds
guaranteed. The agency shall include this
information in the annual report submitted to the Legislature by the
director pursuant to subdivision (b) of Section 14030.2.
(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
(c) This section shall become operative on January 1, 2018.
SEC. 7. Section 1727 of the Fish and Game Code is amended to read:
1727. (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
(b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
(c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
(d) The commission, in January of each even-numbered year, shall
submit a report to the Legislature regarding progress in implementing
the wild trout program described in this chapter. In that report,
the commission shall state its reasons why any stream or lake listed
by the department as suitable for consideration as a wild trout water
was or was not included in the program. The commission shall also
state its reasons for removing and replacing any waters within the
program. The report shall be publicly available on the department's
Internet Web site.
SEC. 8. Section 11535 of the Government Code, as added by Section
8 of Chapter 147 of the Statutes of 2012, is repealed.
11535. (a) There is, in the Department of Technology, the
Technology Services Board.
(b) The board shall consist of 13 members, as follows:
(1) The Director of Technology, who shall serve as the chair of
the board.
(2) The Director of Finance, who shall serve as vice chair of the
board.
(3) The Controller.
(4) The Secretary of Food and Agriculture, the Secretary of
Transportation, the Secretary of the Department of Corrections and
Rehabilitation, the Secretary for Environmental Protection, the
Secretary of California Health and Human Services, the Secretary of
Labor and Workforce Development, the Secretary of the Natural
Resources Agency, the Secretary of Business, Consumer Services, and
Housing, and the Secretary of Veterans Affairs.
(5) The Director of Emergency Services.
SEC. 9. Section 19849.11 of the Government Code is amended to
read:
19849.11. The Department of Human Resources, subject to
such conditions as any condition that it may
establish, subject to existing statutes governing health benefits and
group term life insurance offered through the Public Employees'
Retirement System, and subject to all other applicable provisions of
state law, may enter into contracts for the purchase of employee
benefits with respect to managerial and confidential employees as
defined by subdivisions (e) and (f) of Section 3513, and employees
excluded from the definition of state employee in subdivision (c) of
Section 3513, and officers or employees of the executive branch of
government who are not members of the civil service, and supervisory
employees as defined in subdivision (g) of Section 3513. Benefits
shall include, but not be limited to, group life insurance, group
disability insurance, long-term disability insurance, group
automobile liability and physical damage insurance, and homeowners'
and renters' insurance.
The department may self-insure the long-term disability insurance
program if it is cost effective to do so.
If it is determined that a self-insured long-term disability
insurance program will be established, the department shall provide
its cost analysis to the Joint Legislative Budget Committee at least
30 days prior to initiating the establishment of the program.
SEC. 10. Section 22959.6 of the Government Code is amended to
read:
22959.6. (a) The Department of Human Resources may contract with
one or more vision care plans for annuitants and eligible family
members, provided the carrier or carriers have operated successfully
in the area of vision care benefits for a reasonable period, as
determined by the Department of Human Resources.
(b) The Department of Human Resources, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be paid
by the annuitant for the vision care plan. The premium to be paid by
the annuitant shall be deducted from his or her monthly allowance.
If there are insufficient funds in an annuitant's allowance to pay
the premium, the plan provider shall directly bill the annuitant. A
vision care plan or plans provided under this authority shall be
funded by the annuitants' premium. All premiums received from
annuitants shall be deposited in the Vision Care Program for State
Annuitants Fund, which is hereby created in the State Treasury. Any
income earned on the moneys in the Vision Care Program for State
Annuitants Fund shall be credited to the fund. Notwithstanding
Section 13340, moneys in the fund are continuously appropriated for
the purposes specified in subdivision (d).
(c) An annuitant may enroll in a vision care plan provided by a
carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, nothing in
this section may not be construed to require an
annuitant to enroll in a vision care plan and a health benefit plan
provided by the same carrier. An annuitant enrolled in this program
shall only enroll into a vision plan or vision plans contracted for
by the Department of Human Resources.
(d) No A contract for a vision care
plan may not be entered into unless the Department of
Human Resources determines it is reasonable to do so. Notwithstanding
any other provision of law, any premium moneys paid into this
program by annuitants for the purposes of the annuitant vision care
plan that is contracted for shall be used for the cost of providing
vision care benefits to eligible, enrolled annuitants and their
eligible and enrolled dependents, the payment of claims for those
vision benefits, and the cost of administration of the vision care
plan or plans under this vision care program, those costs being
determined by the Department of Human Resources.
(e) If the Director of Human Resources determines that it is not
economically feasible to continue this program anytime after its
commencement, the director may, upon written notice to enrollees and
to the contracting plan or plans, terminate this program within a
reasonable time. The notice of termination to the plan or plans shall
be determined by the Department of Human Resources. The notice to
enrollees of the termination of the program shall commence no later
than three months prior to the actual date of termination of the
program.
(f) Premium rates for this program shall be determined by the
Department of Human Resources in conjunction with the contracted plan
or plans and shall be considered separate and apart from active
employee premium rates.
(g) The director shall report to the Legislature, prior to the end
of the second quarter of the third plan year, on the continued
economic sustainability of the Vision Care Program for State
Annuitants.
SEC. 11. Section 4801 of the Penal Code is amended to read:
4801. (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence where if
it appears the criminal behavior was the result of that
victimization.
(b) (1) The Board of Parole Hearings, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall give great
weight to any information or evidence that, at the time of the
commission of the crime, the prisoner had experienced intimate
partner battering, but was convicted of an offense that occurred
prior to August 29, 1996. The board shall state on the record the
information or evidence that it considered pursuant to this
subdivision, and the reasons for the parole decision. The
board shall annually report to the Legislature and the Governor on
the cases the board considered pursuant to this subdivision during
the previous year, including the board's decisions and the specific
and detailed findings of its investigations of these cases.
(2) The report for the Legislature to be submitted pursuant to
paragraph (1) shall be submitted pursuant to Section 9795 of the
Government Code.
(3)
(2) The fact that a prisoner has presented evidence of
intimate partner battering cannot be used to support a finding that
the prisoner lacks insight into his or her crime and its causes.
SEC. 12. Section 11166 of the Penal Code is amended to read:
11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
by telephone to the agency immediately or as soon as is practicably
possible, and shall prepare and send, fax, or electronically transmit
a written followup report within 36 hours of receiving the
information concerning the incident. The mandated reporter may
include with the report any nonprivileged documentary evidence the
mandated reporter possesses relating to the incident.
(1) For purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. "Reasonable suspicion"
does not require certainty that child abuse or neglect has occurred
nor does it require a specific medical indication of child abuse or
neglect; any neglect. Any "reasonable
suspicion" is sufficient. For purposes of this article, the pregnancy
of a minor does not, in and of itself, constitute a basis for a
reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
(b) If , after reasonable efforts , a
mandated reporter is unable to submit an initial report by telephone,
he or she shall immediately , or as soon as is
practicably possible, by fax
or electronic transmission, make a one-time automated
written report on the form prescribed by the Department of Justice,
and shall also be available to respond to a telephone followup call
by the agency with which he or she filed the report. A mandated
reporter who files a one-time automated written report because he or
she was unable to submit an initial report by telephone is not
required to submit a written followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the State
Department of Social Services that reflects the data collected from
automated one-time reports indicating the reasons stated as to why
the automated one-time report was filed in lieu of the initial
telephone report.
(5)
(4) Nothing in this section shall supersede the
requirement that a mandated reporter first attempt to make a report
via by telephone, or that agencies
specified in Section 11165.9 accept reports from mandated reporters
and other persons , as required.
(c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) (1) Any commercial film, photographic print, or image
processor who has knowledge of or observes, within the scope of his
or her professional capacity or employment, any film, photograph,
videotape, negative, slide, or any representation of information,
data, or an image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disk, data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image depicting a child under 16 years of age
engaged in an act of sexual conduct, shall immediately, or as soon as
practically possible, telephonically report the instance of
suspected abuse to the law enforcement agency located in the county
in which the images are seen. Within 36 hours of receiving the
information concerning the incident, the reporter shall prepare and
send, fax, or electronically transmit a written followup report of
the incident with a copy of the image or material attached.
(2) Any commercial computer technician who has knowledge of or
observes, within the scope of his or her professional capacity or
employment, any representation of information, data, or an image,
including, but not limited, to any computer hardware, computer
software, computer file, computer floppy disk, data storage medium,
CD-ROM, computer-generated equipment, or computer-generated image
that is retrievable in perceivable form and that is intentionally
saved, transmitted, or organized on an electronic medium, depicting a
child under 16 years of age engaged in an act of sexual conduct,
shall immediately, or as soon as practicably possible, telephonically
report the instance of suspected abuse to the law enforcement agency
located in the county in which the images or material are seen. As
soon as practicably possible after receiving the information
concerning the incident, the reporter shall prepare and send, fax, or
electronically transmit a written followup report of the incident
with a brief description of the images or materials.
(3) For purposes of this article, "commercial computer technician"
includes an employee designated by an employer to receive reports
pursuant to an established reporting process authorized by
subparagraph (B) of paragraph (41) of subdivision (a) of Section
11165.7.
(4) As used in this subdivision, "electronic medium" includes, but
is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other computer
hardware or media.
(5) As used in this subdivision, "sexual conduct" means any of the
following:
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the
viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no a person
making a report shall not be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established provided that they the
internal procedures are not inconsistent with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within
pursuant to subdivision (b) of Section 11165.2,
or reports made pursuant to Section 11165.13 based on risk to a child
which that relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse, which shall be reported only to the
county welfare or probation department. A county probation or welfare
department also shall send, fax, or electronically transmit a
written report thereof within 36 hours of receiving the information
concerning the incident to any agency to which it makes a telephone
report under this subdivision.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within pursuant to subdivision
(b) of Section 11165.2, which shall be reported only to the county
welfare or probation department. A law enforcement agency shall
report to the county welfare or probation department every known or
suspected instance of child abuse or neglect reported to it which is
alleged to have occurred as a result of the action of a person
responsible for the child's welfare, or as the result of the failure
of a person responsible for the child's welfare to adequately protect
the minor from abuse when the person responsible for the child's
welfare knew or reasonably should have known that the minor was in
danger of abuse. A law enforcement agency also shall send, fax, or
electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to
which it makes a telephone report under this subdivision.
SEC. 13. Section 4214 of the Public Resources Code is amended to
read:
4214. (a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:
(1) The State Board of Equalization shall retain moneys necessary
for the payment of refunds pursuant to Section 4228 and reimbursement
of the State Board of Equalization for expenses incurred in the
collection of the fee.
(2) The moneys collected, other than that retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of structures
within a state responsibility area who are required to pay the fire
prevention fee. The amount expended to benefit the owners of
structures within a state responsibility area shall be commensurate
with the amount collected from the owners within that state
responsibility area. All moneys in excess of the costs of
administration of the board and the department shall be expended only
for fire prevention activities in counties with state responsibility
areas.
(b) (1) The fund may also be used to cover the costs of
administering this chapter.
(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.
(c) It is the intent of the Legislature that the moneys in this
fund be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.
(d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of structures
within the state responsibility areas who are required to pay the
annual fire prevention fee pursuant to this chapter:
(1) Local assistance grants pursuant to subdivision (e).
(2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.
(3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility
areas. The department may establish other qualifying criteria.
(4) Inspections by the department for compliance with defensible
space requirements around structures in state responsibility areas as
required by Section 4291.
(5) Public education to reduce fire risk in the state
responsibility areas.
(6) Fire severity and fire hazard mapping by the department in the
state responsibility areas.
(7) Other fire prevention projects in the state responsibility
areas, authorized by the board.
(e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit structures within
state responsibility areas, including public education, that are
provided by counties and other local agencies, including special
districts, with state responsibility areas within their
jurisdictions.
(2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of structures in
state responsibility areas for which the applicant is legally
responsible and the amount of moneys made available in the annual
Budget Act for this local assistance grant program.
(f) By January 1, 2013, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The written report
board shall work collaboratively with the Department
of Forestry and Fire Protection in preparing the written
report pursuant to this subdivision. The written report shall
also include an evaluation of the benefits received by counties based
on the number of structures in state responsibility areas within
their jurisdictions, the effectiveness of the board's grant programs,
the number of defensible space inspections in the reporting period,
the degree of compliance with defensible space requirements, measures
to increase compliance, if any, and any recommendations to the
Legislature.
(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
(h) It is essential that this article be implemented without
delay. To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or any
other provision of law related to public contracting shall not apply.
SEC. 14. Section 25722.8 of the Public Resources Code is amended
to read:
25722.8. (a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
(1) By January 1, 2012, a 10-percent reduction or displacement.
(2) By January 1, 2020, a 20-percent reduction or displacement.
(b) Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall provide to the
Department of Finance and the appropriate legislative committees of
the Legislature prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall also make post
the progress report available on its Internet Web
site.
(c) (1) The Department of General Services shall encourage, to the
extent feasible, the operation of state alternatively fueled
vehicles on the alternative fuel for which the vehicle is designed
and the development of commercial infrastructure for alternative fuel
pumps and charging stations at or near state vehicle fueling or
parking sites.
(2) The Department of General Services shall work with other
public agencies to incentivize and promote, to the extent feasible,
state employee operation of alternatively fueled vehicles through
preferential or reduced-cost parking, access to charging, or other
means.
(3) For purposes of this subdivision, "alternatively fueled
vehicles" means light-, medium-, and heavy-duty vehicles that reduce
petroleum usage and related emissions by using advanced technologies
and fuels, including, but not limited to, hybrid, plug-in hybrid,
battery electric, natural gas, or fuel cell vehicles and including
those vehicles described in Section 5205.5 of the Vehicle Code.
SEC. 15. Section 9250.14 of the Vehicle Code is amended to read:
9250.14. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) (A) If the County of Los Angeles, the County of San Diego, or
the County of San Bernardino has adopted a resolution to impose a
one-dollar ($1) fee pursuant to paragraph (1), the county may
increase the fee specified in paragraph (1) to two dollars ($2) in
the same manner as the imposition of the initial fee pursuant to
paragraph (1). The two dollars ($2) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the Controller, as provided in paragraph (1).
(B) A resolution to increase the fee from one dollar ($1) to two
dollars ($2) pursuant to subparagraph (A) shall be submitted to the
department at least six months prior to the operative date of the fee
increase.
(3) In addition to the service fee imposed pursuant to paragraph
(1), and upon the implementation of the permanent trailer
identification plate program, and as part of the Commercial Vehicle
Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(4) (A) If a county imposes a service fee of two dollars ($2) by
adopting a resolution pursuant to subparagraph (A) of paragraph (2),
the fee specified in paragraph (3) shall be increased to four dollars
($4).The four dollars ($4) shall be paid at the time of registration
or renewal of registration of a vehicle, and quarterly to the
Controller as provided in paragraph (1).
(B) A resolution to increase the additional service fee from two
dollars ($2) to four dollars ($4) pursuant to subparagraph (A) shall
be submitted to the department at least six months prior to the
operative date of the fee increase.
(b) Notwithstanding Section 13340 of the Government Code, the
moneys paid to the Controller are continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
(c) Except as otherwise provided in this subdivision, moneys
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
moneys shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or any combination of those crimes.
(d) The moneys collected pursuant to this section shall not be
expended to offset a reduction in any other source of funds
, nor or for any other purpose not
authorized under this section.
(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal yearend report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
(1) The amount of funds received and expended by the county under
subdivision (b) for the immediately preceding fiscal year.
(2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
(3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
(5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
(i) (1) On or before January 1, 2013, and on or before January 1
of each year, the Controller shall provide to the Department of the
California Highway Patrol copies of the yearend reports submitted by
the counties under subdivision (g), and, in consultation with the
Department of the California Highway Patrol, shall review the fiscal
yearend reports submitted by each county pursuant to subdivision (g)
to determine if fee revenues are being utilized in a manner
consistent with this section. If the Controller determines that the
use of the fee revenues is not consistent with this section, the
Controller shall consult with the participating counties' designated
regional coordinators. If the Controller determines that use of the
fee revenues is still not consistent with
this section, the authority to collect the fee by
that county shall be suspended for one year.
(2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
(3) When If the
Controller determines that a fee shall be suspended for a county, the
Controller shall inform the Department of Motor Vehicles on or
before January 1 of each year that the authority to collect a fee for
that county is suspended.
(j) On or before January 1 of each year, the Controller shall
prepare and submit to the Legislature a revenue and expenditure
summary for each participating county that includes all of the
following:
(1) The total revenues received by each county.
(2) The total expenditures by each county.
(3) The unexpended revenues for each county.
(k)
(j) For the purposes of this section, a
county-designated regional coordinator is that agency designated by
the participating county's board of supervisors as the agency in
control of its countywide vehicle theft apprehension program.
(l)
(k) This section shall remain in effect only until
January 1, 2018, and as of that date is repealed, unless a later
enacted statute that is enacted on or before January 1, 2018, deletes
or extends that date.
SEC. 16. Section 11462 of the Welfare and Institutions Code is
amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453. The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993.
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate.
(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of AFDC-FC
eligible children to all children in placement.
(iii) Pending the department's issuance of the program audit
report that determines the RCL for the group home program, the group
home program shall be eligible to receive a provisional rate that
shall be based on the level of care and service that the group home
program proposes it will provide. The group home program shall be
eligible to receive only the RCL determined by the department during
the pendency of any appeal of the department's RCL determination.
(B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
(i) Records of each employee's full name, home address,
occupation, and social security number.
(ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
(iii) Total wages paid each payroll period.
(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
(D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report. When
the group home provider requests a hearing on the department's RCL
determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
(E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is:
FY 2002-03, 2003-
Rate Point Ranges 04,
2004-05, 2005-
06, 2006-07, and
Classification 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
(2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Rate Adjusted Point Ranges
Classification for the 2002-03, 2003-04,
2004-05, 2005-06, 2006-07,
2007-08, 2008-09, and 2009-10
Level 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
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations, as contained in Title 22 of the Code of California
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.
(3) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2009-10 fiscal year the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or 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
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
(B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
(3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
(4) Effective January 1, 2008, the amount included in the standard
rate for each RCL for the wages for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 5 percent, and the amount included for the payroll taxes
and other employer-paid benefits for these staff shall be increased
from 20.325 percent to 24 percent. The standard rate for each RCL
shall be recomputed using these adjusted amounts, and the resulting
rates shall constitute the new standardized schedule of rates.
(5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.
(6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.
(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
(1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
(2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county, the primary placing
county, or a regional consortium of counties that includes all of the
following:
(A) That the program is needed by that county.
(B) That the provider is capable of effectively and efficiently
operating the program.
(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care and services that will be provided by the
program.
(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification and
to discuss options with the primary placing county.
(2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) For the purpose of this subdivision, "program change" means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
(m) The department shall, by October 1 of each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care that may have significant fiscal impact on
providers of group homes care. The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
SEC. 17. Section 14132 of the Welfare and Institutions Code is
amended to read:
14132. The following is the schedule of
benefits under this chapter is as follows :
(a) Outpatient services are covered as follows:
Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer or
healing by spiritual means in the practice of any church or
religious denomination insofar as these can be encompassed by federal
participation under an approved plan, subject to utilization
controls.
(b) (1) Inpatient hospital services, including, but not limited
to, physician and podiatric services, physical therapy and
occupational therapy, are covered subject to utilization controls.
(2) For Medi-Cal fee-for-service beneficiaries, emergency services
and care that are necessary for the treatment of an emergency
medical condition and medical care directly related to the emergency
medical condition. This paragraph shall not be construed to change
the obligation of Medi-Cal managed care plans to provide emergency
services and care. For the purposes of this paragraph, "emergency
services and care" and "emergency medical condition" shall have the
same meanings as those terms are defined in Section 1317.1 of the
Health and Safety Code.
(c) Nursing facility services, subacute care services, and
services provided by any category of intermediate care facility for
the developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in
subdivision (d), are covered subject to utilization controls.
Respiratory care, physical therapy, occupational therapy, speech
therapy, and audiology services for patients in nursing facilities
and any category of intermediate care facility for the
developmentally disabled are covered subject to utilization controls.
(d) (1) Purchase of prescribed drugs is covered subject to the
Medi-Cal List of Contract Drugs and utilization controls.
(2) Purchase of drugs used to treat erectile dysfunction or any
off-label uses of those drugs are covered only to the extent that
federal financial participation is available.
(3) (A) To the extent required by federal law, the purchase of
outpatient prescribed drugs, for which the prescription is executed
by a prescriber in written, nonelectronic form on or after April 1,
2008, is covered only when executed on a tamper resistant
prescription form. The implementation of this paragraph shall conform
to the guidance issued by the federal Centers of Medicare and
Medicaid Services but shall not conflict with state statutes on the
characteristics of tamper resistant prescriptions for controlled
substances, including Section 11162.1 of the Health and Safety Code.
The department shall provide providers and beneficiaries with as much
flexibility in implementing these rules as allowed by the federal
government. The department shall notify and consult with appropriate
stakeholders in implementing, interpreting, or making specific this
paragraph.
(B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instructions without taking regulatory action.
(4) (A) (i) For the purposes of this paragraph, nonlegend has the
same meaning as defined in subdivision (a) of Section 14105.45.
(ii) Nonlegend acetaminophen-containing products, with the
exception of children's acetaminophen-containing products, selected
by the department are not covered benefits.
(iii) Nonlegend cough and cold products selected by the department
are not covered benefits. This clause shall be implemented on the
first day of the first calendar month following 90 days after the
effective date of the act that added this clause, or on the first day
of the first calendar month following 60 days after the date the
department secures all
necessary federal approvals to implement this section, whichever is
later.
(iv) Beneficiaries under the Early and Periodic Screening,
Diagnosis, and Treatment Program shall be exempt from clauses (ii)
and (iii).
(B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instruction without taking regulatory action.
(e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and equipment
required for dialysis, are covered, subject to utilization controls.
(f) Anesthesiologist services when provided as part of an
outpatient medical procedure, nurse anesthetist services when
rendered in an inpatient or outpatient setting under conditions set
forth by the director, outpatient laboratory services, and X-ray
services are covered, subject to utilization controls.
Nothing in this This subdivision shall not
be construed to require prior authorization for
anesthesiologist services provided as part of an outpatient medical
procedure or for portable X-ray services in a nursing facility or any
category of intermediate care facility for the developmentally
disabled.
(g) Blood and blood derivatives are covered.
(h) (1) (A) Emergency and essential
diagnostic and restorative dental services, except for orthodontic,
fixed bridgework, and partial dentures that are not necessary for
balance of a complete artificial denture, are covered, subject to
utilization controls. The utilization controls shall allow emergency
and essential diagnostic and restorative dental services and
prostheses that are necessary to prevent a significant disability or
to replace previously furnished prostheses which are lost or
destroyed due to circumstances beyond the beneficiary's control.
Notwithstanding the foregoing
(B) Notwithstanding subparagraph (A)
, the director may by regulation provide for certain fixed
artificial dentures necessary for obtaining employment or for medical
conditions that preclude the use of removable dental prostheses, and
for orthodontic services in cleft palate deformities administered by
the department's California Children Services Program.
(2) For persons 21 years of age or older, the services specified
in paragraph (1) shall be provided subject to the following
conditions:
(A) Periodontal treatment is not a benefit.
(B) Endodontic therapy is not a benefit except for vital
pulpotomy.
(C) Laboratory processed crowns are not a benefit.
(D) Removable prosthetics shall be a benefit only for patients as
a requirement for employment.
(E) The director may, by regulation, provide for the provision of
fixed artificial dentures that are necessary for medical conditions
that preclude the use of removable dental prostheses.
(F) Notwithstanding the conditions specified in subparagraphs (A)
to (E), inclusive, the department may approve services for persons
with special medical disorders subject to utilization review.
(3) Paragraph (2) shall become inoperative July 1, 1995.
(i) Medical transportation is covered, subject to utilization
controls.
(j) Home health care services are covered, subject to utilization
controls.
(k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. Utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control. Frame styles for eyeglasses replaced
pursuant to this subdivision shall not change more than once every
two years, unless the department so directs.
Orthopedic and conventional shoes are covered when provided by a
prosthetic and orthotic supplier on the prescription of a physician
and when at least one of the shoes will be attached to a prosthesis
or brace, subject to utilization controls. Modification of stock
conventional or orthopedic shoes when medically indicated, is covered
subject to utilization controls. When there is a clearly established
medical need that cannot be satisfied by the modification of stock
conventional or orthopedic shoes, custom-made orthopedic shoes are
covered, subject to utilization controls.
Therapeutic shoes and inserts are covered when provided to
beneficiaries with a diagnosis of diabetes, subject to utilization
controls, to the extent that federal financial participation is
available.
(l) Hearing aids are covered, subject to utilization controls.
Utilization controls shall allow replacement of hearing aids
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control.
(m) Durable medical equipment and medical supplies are covered,
subject to utilization controls. The utilization controls shall allow
the replacement of durable medical equipment and medical supplies
when necessary because of loss or destruction due to circumstances
beyond the beneficiary's control. The utilization controls shall
allow authorization of durable medical equipment needed to assist a
disabled beneficiary in caring for a child for whom the disabled
beneficiary is a parent, stepparent, foster parent, or legal
guardian, subject to the availability of federal financial
participation. The department shall adopt emergency regulations to
define and establish criteria for assistive durable medical equipment
in accordance with the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(n) Family planning services are covered, subject to utilization
controls.
(o) Inpatient intensive rehabilitation hospital services,
including respiratory rehabilitation services, in a general acute
care hospital are covered, subject to utilization controls, when
either of the following criteria are met:
(1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in Section 14064 to develop function beyond the limited
amount that would occur in the normal course of recovery.
(2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
Section 14064 to maintain the patient's present functional level as
long as possible.
(p) (1) Adult day health care is covered in accordance with
Chapter 8.7 (commencing with Section 14520).
(2) Commencing 30 days after the effective date of the act that
added this paragraph, and notwithstanding the number of days
previously approved through a treatment authorization request, adult
day health care is covered for a maximum of three days per week.
(3) As provided in accordance with paragraph (4), adult day health
care is covered for a maximum of five days per week.
(4) As of the date that the director makes the declaration
described in subdivision (g) of Section 14525.1, paragraph (2) shall
become inoperative and paragraph (3) shall become operative.
(q) (1) Application of fluoride, or other appropriate fluoride
treatment as defined by the department, other prophylaxis treatment
for children 17 years of age and under, are covered.
(2) All dental hygiene services provided by a registered dental
hygienist in alternative practice pursuant to Sections 1768
Article 9 (commencing with Section 1900) of Chapter 4
of Division 2 of the Business and Professions Code and
1770 Section 1753.7 of the Business and
Professions Code may be covered as long as they are within the scope
of Denti-Cal benefits and they are necessary services provided by a
registered dental hygienist in alternative practice.
(r) (1) Paramedic services performed by a city, county, or special
district, or pursuant to a contract with a city, county, or special
district, and pursuant to a program established under
Article 3 (commencing with Section 1480) of Chapter 2.5 of Division 2
the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act (Division 2.5
(commencing with Section 1797) of the Health and Safety
Code Code) by a paramedic certified
pursuant to that article act , and
consisting of defibrillation and those services specified in
subdivision (3) of Section 1482 of the article that
act .
(2) All providers enrolled under this subdivision shall satisfy
all applicable statutory and regulatory requirements for becoming a
Medi-Cal provider.
(3) This subdivision shall be implemented only to the extent
funding is available under Section 14106.6.
(s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries
who would otherwise require care for an extended period of time in an
acute care hospital at a cost higher than in-home medical care
services. The director shall have the authority under this section to
contract with organizations qualified to provide in-home medical
care services to those persons. These services may be provided to
patients placed in shared or congregate living arrangements, if a
home setting is not medically appropriate or available to the
beneficiary. As used in this section, "in-home medical care service"
includes utility bills directly attributable to continuous, 24-hour
operation of life-sustaining medical equipment, to the extent that
federal financial participation is available.
As used in this subdivision, in-home medical care services,
include, but are not limited to , the following
:
(1) Level of care and cost of care evaluations.
(2) Expenses, directly attributable to home care activities, for
materials.
(3) Physician fees for home visits.
(4) Expenses directly attributable to home care activities for
shelter and modification to shelter.
(5) Expenses directly attributable to additional costs of special
diets, including tube feeding.
(6) Medically related personal services.
(7) Home nursing education.
(8) Emergency maintenance repair.
(9) Home health agency personnel benefits which permit coverage of
care during periods when regular personnel are on vacation or using
sick leave.
(10) All services needed to maintain antiseptic conditions at
stoma or shunt sites on the body.
(11) Emergency and nonemergency medical transportation.
(12) Medical supplies.
(13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.
(14) Utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.
(15) Special drugs and medications.
(16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency rate.
(17) Therapy services.
(18) Household appliances and household utensil costs directly
attributable to home care activities.
(19) Modification of medical equipment for home use.
(20) Training and orientation for use of life-support systems,
including, but not limited to, support of respiratory functions.
(21) Respiratory care practitioner services , as
defined in Sections 3702 and 3703 of the Business and Professions
Code, subject to prescription by a physician and surgeon.
Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits
as defined by this section, subject to medical necessity and
applicable utilization control. Services provided pursuant to this
subdivision, which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that
federal financial participation for these services is available in
accordance with a home- and community-based services waiver.
(t) Home- and community-based services approved by the United
States Department of Health and Human Services may be covered to the
extent that federal financial participation is available for those
services under waivers granted in accordance with Section 1396n of
Title 42 of the United States Code. The director may seek waivers for
any or all home- and community-based services approvable under
Section 1396n of Title 42 of the United States Code. Coverage for
those services shall be limited by the terms, conditions, and
duration of the federal waivers.
(u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section 14134.5
and meeting the standards developed by the department pursuant to
Section 14134.5, subject to utilization controls.
The department shall seek any federal waivers necessary to
implement the provisions of this subdivision. The provisions for
which appropriate federal waivers cannot be obtained shall not be
implemented. Provisions for which waivers are obtained or for which
waivers are not required shall be implemented notwithstanding any
inability to obtain federal waivers for the other provisions. No
provision of this subdivision shall be implemented unless matching
funds from Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are available.
(v) Early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age is covered, consistent with the
requirements of Subchapter XIX (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.
(w) Hospice service which that is
Medicare-certified hospice service is covered, subject to utilization
controls. Coverage shall be available only to the extent that
no additional net program costs are not
incurred.
(x) When a claim for treatment provided to a beneficiary includes
both services which that are authorized
and reimbursable under this chapter, and services which
that are not reimbursable under this chapter,
that portion of the claim for the treatment and services authorized
and reimbursable under this chapter shall be payable.
(y) Home- and community-based services approved by the United
States Department of Health and Human Services for beneficiaries with
a diagnosis of AIDS or ARC , who require
intermediate care or a higher level of care.
Services provided pursuant to a waiver obtained from the Secretary
of the United States Department of Health and Human Services
pursuant to this subdivision, and which are not otherwise included in
the Medi-Cal schedule of benefits, shall be available only to the
extent that federal financial participation for these services is
available in accordance with the waiver, and subject to the terms,
conditions, and duration of the waiver. These services shall be
provided to individual beneficiaries in accordance with the client's
needs as identified in the plan of care, and subject to medical
necessity and applicable utilization control.
The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided
for in this subdivision to eligible beneficiaries. Contracts or
agreements entered into pursuant to this division shall not be
subject to the Public Contract Code.
(z) Respiratory care when provided in organized health care
systems , as defined in Section 3701 of the Business and
Professions Code, and as an in-home medical service as
outlined provided in subdivision (s).
(aa) (1) There is hereby established in the department, a program
to provide comprehensive clinical family planning services to any
person who has a family income at or below 200 percent of the federal
poverty level, as revised annually, and who is eligible to receive
these services pursuant to the waiver identified in paragraph (2).
This program shall be known as the Family Planning, Access, Care, and
Treatment (Family PACT) Program.
(2) The department shall seek a waiver in accordance with Section
1315 of Title 42 of the United States Code, or a state plan amendment
adopted in accordance with Section 1396a(a)(10)(A)(ii)(XXI)
(ii)(2) 1396a(a)(10)(A)(ii)(XXI) of Title 42 of
the United States Code, which was added to Section 1396a of Title 42
of the United States Code by Section 2303(a)(2)
2303(a)(1) of the federal Patient Protection and
Affordable Care Act (PPACA) (Public Law 111-148), for a program to
provide comprehensive clinical family planning services as described
in paragraph (8). Under the waiver, the program shall be operated
only in accordance with the waiver and the statutes and regulations
in paragraph (4) and subject to the terms, conditions, and duration
of the waiver. Under the state plan amendment, which shall replace
the waiver and shall be known as the Family PACT successor state plan
amendment, the program shall be operated only in accordance with
this subdivision and the statutes and regulations in paragraph (4).
The state shall use the standards and processes imposed by the state
on January 1, 2007, including the application of an eligibility
discount factor to the extent required by the federal Centers for
Medicare and Medicaid Services, for purposes of determining
eligibility as permitted under Section 1396a(a)(10)(A)(ii)
(XXI)(ii)(2) 1396a(ii)(2) of Title 42 of the
United States Code. To the extent that federal financial
participation is available, the program shall continue to conduct
education, outreach, enrollment, service delivery, and evaluation
services as specified under the waiver. The services shall be
provided under the program only if the waiver and, when applicable,
the successor state plan amendment are approved by the federal
Centers for Medicare and Medicaid Services and only to the extent
that federal financial participation is available for the services.
Nothing in this section shall prohibit the department from seeking
the Family PACT successor state plan amendment during the operation
of the waiver.
(3) Solely for the purposes of the waiver or Family PACT successor
state plan amendment and notwithstanding any other provision of law,
the collection and use of an individual's social security number
shall be necessary only to the extent required by federal law.
(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005, and
24013, and any regulations adopted under these statutes
provisions shall apply to the program provided
for under this subdivision. No Any
other provision of law under the Medi-Cal program or the State-Only
Family Planning Program shall not apply to the program
provided for under this subdivision.
(5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, without taking regulatory action, the
provisions of the waiver after its approval by the federal Health
Care Financing Administration and the provisions of this section by
means of an all-county letter or similar instruction to providers.
Thereafter, the department shall adopt regulations to implement this
section and the approved waiver in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code. Beginning six months
after the effective date of the act adding this subdivision, the
department shall provide a status report to the Legislature on a
semiannual basis until regulations have been adopted.
(6) In the event that If
the Department of Finance determines that the program operated under
the authority of the waiver described in paragraph (2) or the Family
PACT successor state plan amendment is no longer cost effective, this
subdivision shall become inoperative on the first day of the first
month following the issuance of a 30-day notification of that
determination in writing by the Department of Finance to the
chairperson in each house that considers appropriations, the
chairpersons of the committees, and the appropriate subcommittees in
each house that considers the State Budget, and the Chairperson of
the Joint Legislative Budget Committee.
(7) If this subdivision ceases to be operative, all persons who
have received or are eligible to receive comprehensive clinical
family planning services pursuant to the waiver described in
paragraph (2) shall receive family planning services under the
Medi-Cal program pursuant to subdivision (n) if they are otherwise
eligible for Medi-Cal with no share of cost, or shall receive
comprehensive clinical family planning services under the program
established in Division 24 (commencing with Section 24000) either if
they are eligible for Medi-Cal with a share of cost or if they are
otherwise eligible under Section 24003.
(8) For purposes of this subdivision, "comprehensive clinical
family planning services" means the process of establishing
objectives for the number and spacing of children, and selecting the
means by which those objectives may be achieved. These means include
a broad range of acceptable and effective methods and services to
limit or enhance fertility, including contraceptive methods, federal
Food and Drug Administration approved contraceptive drugs, devices,
and supplies, natural family planning, abstinence methods, and basic,
limited fertility management. Comprehensive clinical family planning
services include, but are not limited to, preconception counseling,
maternal and fetal health counseling, general reproductive health
care, including diagnosis and treatment of infections and conditions,
including cancer, that threaten reproductive capability, medical
family planning treatment and procedures, including supplies and
followup, and informational, counseling, and educational services.
Comprehensive clinical family planning services shall not include
abortion, pregnancy testing solely for the purposes of referral for
abortion or services ancillary to abortions, or pregnancy care that
is not incident to the diagnosis of pregnancy. Comprehensive clinical
family planning services shall be subject to utilization control and
include all of the following:
(A) Family planning related services and male and female
sterilization. Family planning services for men and women shall
include emergency services and services for complications directly
related to the contraceptive method, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies,
and followup, consultation, and referral services, as indicated,
which may require treatment authorization requests.
(B) All United States Department of Agriculture, federal Food and
Drug Administration approved contraceptive drugs, devices, and
supplies that are in keeping with current standards of practice and
from which the individual may choose.
(C) Culturally and linguistically appropriate health education and
counseling services, including informed consent, that include all of
the following:
(i) Psychosocial and medical aspects of contraception.
(ii) Sexuality.
(iii) Fertility.
(iv) Pregnancy.
(v) Parenthood.
(vi) Infertility.
(vii) Reproductive health care.
(viii) Preconception and nutrition counseling.
(ix) Prevention and treatment of sexually transmitted infection.
(x) Use of contraceptive methods, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies.
(xi) Possible contraceptive consequences and followup.
(xii) Interpersonal communication and negotiation of relationships
to assist individuals and couples in effective contraceptive method
use and planning families.
(D) A comprehensive health history, updated at the next periodic
visit (between 11 and 24 months after initial examination) that
includes a complete obstetrical history, gynecological history,
contraceptive history, personal medical history, health risk factors,
and family health history, including genetic or hereditary
conditions.
(E) A complete physical examination on initial and subsequent
periodic visits.
(F) Services, drugs, devices, and supplies deemed by the federal
Centers for Medicare and Medicaid Services to be appropriate for
inclusion in the program.
(9) In order to maximize the availability of federal financial
participation under this subdivision, the director shall have the
discretion to implement the Family PACT successor state plan
amendment retroactively to July 1, 2010.
(ab) (1) Purchase of prescribed enteral nutrition products is
covered, subject to the Medi-Cal list of enteral nutrition products
and utilization controls.
(2) Purchase of enteral nutrition products is limited to those
products to be administered through a feeding tube, including, but
not limited to, a gastric, nasogastric, or jejunostomy tube.
Beneficiaries under the Early and Periodic Screening, Diagnosis, and
Treatment Program shall be exempt from this paragraph.
(3) Notwithstanding paragraph (2), the department may deem an
enteral nutrition product, not administered through a feeding tube,
including, but not limited to, a gastric, nasogastric, or jejunostomy
tube, a benefit for patients with diagnoses, including, but not
limited to, malabsorption and inborn errors of metabolism, if the
product has been shown to be neither investigational nor experimental
when used as part of a therapeutic regimen to prevent serious
disability or death.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement the amendments to this subdivision made by
the act that added this paragraph by means of all-county letters,
provider bulletins, or similar instructions, without taking
regulatory action.
(5) The amendments made to this subdivision by the act that added
this paragraph shall be implemented on June 1, 2011, or on
the first day of the first calendar month following 60 days after
the date the department secures all necessary federal approvals to
implement this section, whichever is later.
(ac) Diabetic testing supplies are covered when provided by a
pharmacy, subject to utilization controls.
SEC. 18. Section 14701 of the Welfare and Institutions Code is
amended to read:
14701. (a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health and the
California Health and Human Services Agency, shall create a state
administrative and programmatic transition plan, either as one
comprehensive transition plan or separately, to guide the transfer of
the Medi-Cal specialty mental health managed care and the
EPSDT Program to the State
Department of Health Care Services effective July 1, 2012.
(1)
(b) (1) Commencing no later than
July 15, 2011, the State Department of Health Care Services, together
with the State Department of Mental Health, shall convene a series
of stakeholder meetings and forums to receive input from clients,
family members, providers, counties, and representatives of the
Legislature concerning the transition and transfer of Medi-Cal
specialty mental health managed care and the EPSDT Program. This
consultation shall inform the creation of a state administrative
transition plan and a programmatic transition plan that shall
include, but is not limited to, the following components:
(A) The plan shall ensure that it is developed in a way
that continues access and quality of service during and immediately
after the transition, preventing any disruption of services to
clients and family members, providers and counties, and others
affected by this transition.
(B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the EPSDT
Program.
(C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program will
be transferred. These explanations shall also be developed for the
transition of positions and staff serving Medi-Cal specialty mental
health managed care and the EPSDT Program, and how these will relate
to, and align with, positions at the State Department of Health Care
Services. The State Department of Health Care Services and the
California Health and Human Services Agency shall consult with the
Department of Personnel Administration in developing this aspect of
the transition plan.
(D) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
(E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light of
the requirements of subparagraphs (A) to (C), inclusive, and includes
focused, high-level leadership for behavioral health issues.
(F) A description of how stakeholders were included in the various
phases of the planning process to formulate the transition plans and
a description of how their feedback will be taken into consideration
after transition activities are underway.
(2) The State Department of Health Care Services, together with
the State Department of Mental Health and the California Health and
Human Services Agency, shall convene and consult with stakeholders at
least twice following production of a draft of the transition plans
and before submission of transition plans to the Legislature.
Continued consultation with stakeholders shall occur in accordance
with the requirement in subparagraph (F) of paragraph (1).
(b) The State Department of Health Care Services shall provide the
transition plans described in subdivision (a) to all fiscal
committees and appropriate policy committees of the Legislature no
later than October 1, 2011. The transition plans may also be updated
by the Governor and provided to all fiscal and applicable policy
committees of the Legislature upon its completion, but no later than
May 15, 2012.
SEC. 19. Section 4 of Chapter 1299 of the Statutes of 1992, as
amended by Section 3 of Chapter 791 of the Statutes of 1997, is
repealed.
Sec. 4. (a) The Legislature finds and declares that the
requirement of completion of a minimum of two academic years of
dental education does not result in undue hardship upon, or adversely
impact, international dental candidates.
(b) (1) The Board of Dental Examiners shall collect data on the
international dental candidates who are admitted to, and take, the
restorative technique examination on and after January 1, 1993. The
board shall report to the Legislature between June 1, 1998, and
December 31, 1998, inclusive, on the impact of Section 1636.5 of the
Business and Professions Code on those international dental
candidates about whom the data is collected pursuant to this
subdivision.
(2) The report prepared pursuant to this subdivision shall
include, for each administration of the restorative technique
examination, all of the following information:
(A) The number of international dental candidates who fail the
examination for the third time.
(B) The number of international dental candidates who, after
failing the examination for the third time, apply to international
dental studies programs in California, and the number of these
candidates accepted by these programs.
(C) The number of international dental candidates who, after
failing the examination for the third time, apply to any dental
studies program, in or out of California, and the number of these
candidates accepted by these programs.