BILL ANALYSIS �
AB 1428
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Date of Hearing: June 4, 2013
ASSEMBLY COMMITTEE ON HEALTH
Richard Pan, Chair
AB 1428 (Conway) - As Introduced: April 30, 2013
SUBJECT : California Health Benefit Exchange: employees and
contractors.
SUMMARY : Requires the California Health Benefit Exchange
(Exchange), known as Covered California, Board (Board) to
require all employees, prospective employees, contractors,
subcontractors, and vendors who facilitate enrollment in the
Exchange and have access to the financial or medical information
of enrollees or potential enrollees of the Exchange to be
fingerprinted for the purpose of obtaining criminal history
information. Provides that a person convicted of crimes, as
specified, cannot be hired by or contracted with the Exchange
for the purpose of facilitating enrollment. Contains an urgency
clause in order to become effective immediately upon enactment.
Specifically, this bill :
1)Requires the Board to require all employees, prospective
employees, contractors, subcontractors, and vendors who
facilitate enrollment of persons in a qualified health plan
(QHP) in the Exchange and who, in the course of their
employment, have access to the financial or medical
information of enrollees or potential enrollees of the
Exchange, to be fingerprinted for the purpose of obtaining
criminal history information.
2)Prohibits the Exchange from the hiring of, or contracting
with, any person who has been convicted of:
a) Any felony crimes of dishonesty or breach of trust in a
state or federal jurisdiction;
b) Any violation of the federal crime prohibiting conduct
involving dishonesty, fraud, embezzlement, breach of trust,
corruptly influencing insurance activity, or false and
deceptive practices regarding the value of property, land,
or the financial condition of insurance businesses;
c) Any felony;
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d) A misdemeanor which evidences present or potential
unfitness to perform the functions authorized by the
license in the manner consistent with the public health,
safety, and welfare, including but not limited to,
soliciting, attempting, or committing crimes involving the
following:
i) Dishonesty or fraud;
ii) Any conviction arising out of acts performed in
the business of insurance or any other licensed business
or profession;
iii) Theft;
iv) Sexually related conduct affecting a person who is
an observer or non-consenting participant in the conduct
or convictions, or which requires registration under the
Penal Code;
v) Resisting, delaying, or obstructing a public
officer;
vi) Any act or offense wherein the person willfully
causes injury to the person or property of another;
vii) Violation of a relation of trust or confidence, or
a breach of fiduciary duty; or,
viii) Multiple convictions which demonstrate a pattern
of repeated and willful disregard for the law.
3)Requires any person who has applied for employment in a
position in which he or she will have access to the financial
or medical information of enrollees of the Exchange to notify
the Exchange of any misdemeanor or felony conviction, any
filing of felony charges, any administrative actions regarding
professional or occupational license, or any convictions
listed in 2) above.
4)States legislative findings and declarations relating to the
target populations of the Assister's Program, outreach,
education, and marketing of the Exchange, that the Assister's
Program is expected to promote maximum enrollment and that
assisters will have access to Personal Identifying Information
(PII), Social Security Numbers (SSN), and other personal
information, that agents and brokers, health insurers, and
other entities who currently handle an applicant's sensitive
information are required to be licensed by the California
Department of Insurance (CDI), which is authorized to require
applicants for licensure to pass background checks, and that
it is in the public's interest that individuals purchasing
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insurance through the services of assisters have the same
reasonable expectations of privacy.
EXISTING LAW :
1)Requires, effective January 1, 2014, under federal law, an
individual to have the option to apply for state subsidy
programs, which includes the state Medicaid program (Medi-Cal
in California), the state Children's Health Insurance Program
(CHIP), enrollment in a QHP and a Basic Health Plan, if there
is one, through a state exchange either in person, by mail,
online, by telephone, or other commonly available electronic
means.
2)Permits Covered California to adopt rules and regulations, as
necessary, and permits Covered California to adopt any
necessary rules and regulations as emergency regulations in
accordance with the Administrative Procedure Act until January
1, 2016.
3)Requires, under federal law, any person who receives
information provided by an applicant for coverage or receives
information from a federal agency, to use the information only
for the purposes of ensuring the efficient operation of the
Exchange, including verifying the eligibility of an individual
to enroll in the Exchange or to claim a premium tax credit or
cost-sharing reduction, and to not disclose the information to
any other person except as provided.
4)Makes any person authorized by law to receive state summary
criminal history information records or information obtained
from a record who knowingly furnishes the record or
information to a person who is not authorized by law to
receive the record or information guilty of a misdemeanor.
5)Requires the Department of Justice (DOJ) to furnish summary
criminal history information to specified agencies or
employers to be used for the purpose of employment, licensing,
or certification purposes.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
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1)PURPOSE OF THIS BILL . According to the author, starting with
an open enrollment period in October 2013, people who do not
have access to affordable insurance through an employer and
who do not qualify for Medicaid or CHIP will be able to
purchase QHPs through the Exchange. The author states that
the Exchange will hire over 20,000 individuals to promote the
Exchange and enroll the public, known as Individual Assisters,
In-Person Assisters, or Navigators. The author also states
that it is estimated that the Assisters and Navigators will
guide over four million Californians to enroll in the new
state Exchange. According to the author, the target
populations in California's vast, geographically diverse mix
of rural and urban communities estimated at four million
eligible individuals include: 100,000 in Northern California
and Sierra Counties; 130,000 in the Sacramento Area; 390,000
in the Greater Bay Area; 250,000 in the San Joaquin Valley;
140,000 in the Central Coast; 780,000 in Los Angeles; and,
another 750,000 in Southern California. Citing Covered
California, the author points out that the Assisters Program
is designed to target populations within the estimated four
million eligible individuals that are ethnically diverse:
1,880,000 estimated to be Hispanic; 1,340,000 White; 470,000
Asian; and, 210,000 African-American. The author further
states that these Assisters and Navigators will have access to
millions of enrollees' most sensitive personal information
including: home addresses; SSNs; state and federal tax
information; and, personal health information (PHI).
According to the author, federal privacy and security guidelines
require state Exchanges to perform fingerprint-based criminal
background checks (background checks) prior to hiring any
person whose position will have access to personal information
for applicants and enrollees. The author points out that the
guidance also requires periodic rescreening of employees with
access to this information. Background checks and security
screening are required by the Centers for Medicare and
Medicaid Services (CMS) and the Internal Revenue Service (IRS)
for any employee who is authorized to have access to PII or
Federal Tax Information (FTI), respectively. According to the
author, many state agencies in health, education, and
financial areas also require background checks. For example,
the departments that conduct background checks on some or all
of their employees: Franchise Tax Board, Department of Motor
Vehicles, California State Teachers' Retirement System,
California State Lottery, and the Department of Managed Health
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Care.
The author argues that in order to protect enrollees' personal
and financial information and prevent identify theft, it is
crucial to put into state law the list of crimes that would
automatically disqualify a person who works at Covered
California or who is an Assister from handling the enrollee's
personal and financial information. According to the author,
this bill simply requires Covered California to obtain and
submit to DOJ fingerprint images and related information of
employees, prospective employees, contractors, subcontractors,
volunteers, or vendors for the purpose of obtaining criminal
offender record information and would prohibit a person who
has been convicted of felony crimes of dishonesty or breach of
trust in a state or federal jurisdiction or other specified
crimes from being hired by or contracting with Covered
California.
2)BACKGROUND . On March 23, 2010, the Patient Protection and
Affordable Care Act (ACA) was passed and signed into law. A
key component is the establishment of exchanges to serve as a
marketplace that allows consumer to apply for Medicaid
(Medi-Cal in California), CHIP, or advanced premium tax
credits (APTC), and cost sharing reductions to be used to
purchase QHP coverage for persons in a household with income
up to 400% of the federal poverty level (FPL). Beginning in
2014, the ACA expands Medicaid eligibility to a new "adult
group" and collapses most existing eligibility categories into
three broad groups: parents; pregnant women; and, children
under age 19. The "adult group" includes all non-pregnant
individuals ages 19 to 65 with household incomes at or below
133% FPL.
The ACA provides for a coordinated, streamlined enrollment
process for these programs to promote maximum enrollment and
facilitate a smooth process beginning with the use of a
single, streamlined application and seamless renewal. As
required by the ACA, financial eligibility for most groups
will be based on modified adjusted gross income (MAGI), as
defined in the Internal Revenue Code. The rule generally
adopts MAGI household income counting methods, eliminating
various income disregards currently used by states to
determine Medicaid eligibility. The Medicaid eligibility
determination process will begin with a MAGI screen. If an
individual is not found eligible for a MAGI group, the state
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must collect necessary information and determine eligibility
under all other Medicaid eligibility categories (i.e.,
MAGI-exempt groups, such as disability) and potential
eligibility for APTC in the Exchange. States are required, to
the maximum extent possible, to rely on electronic data
matches with trusted third party sources to verify information
provided by applicants.
In order to verify eligibility, applicants will be providing
personal identifying and personal financial information such
as SSNs, state and FTI, date of birth, wage and income
information, residency, and citizenship information.
Verification will require that many Covered California
employees, prospective employees, contractors, subcontractors,
volunteers, and vendors will have access to applicant or
enrollee PII, PHI, and/or FTI as defined in the Health
Insurance Portability and Accountability Act, the California
Information Practices Act, and IRS regulations. For example,
Covered California will request tax return data regarding MAGI
and family size from the federal Department of Health and
Human Services (DHHS) through a data hub if they have a SSN or
Taxpayer Identification Number and will use it to verify
information provided by the applicant. Federal guidance
requires that Covered California protect and safeguard
customers from unauthorized and illegal access to or
disclosure of this information. To comply with federal
guidance, Covered California has determined that it must
implement criminal records background checks to identify, and
exclude from accessing personal information, applicants with a
demonstrated history of abuse of personal information or other
offenses that may indicate potential propensity to abuse such
information. According to Covered California, background
checks and security screening are required by CMS and the IRS
for any employee who is authorized to have access to PII or
FTI, respectively. Many state agencies in health, education
and financial areas, including the Department of Managed
Health Care and the California Department of Insurance, also
require background checks.
Based on federal guidance, Covered California has determined the
Exchange must meet Minimum Acceptable Risk Standards for
Exchanges (MARS-E), one of three on Exchange privacy and
security standards. According to documents provided by
Covered California, the MARS-E requires all individuals
associated with the Exchange who would have access to
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sensitive information such as PII, PHI, and FTI to be screened
before they may be authorized to obtain access to the
information system and devices containing such information.
To meet these requirements, Covered California must perform a
background check for all persons prior to authorizing access
and require appropriate personnel to obtain and hold a
moderate-risk security clearance as defined in the federal
DHHS Personnel Security/Suitability Handbook.
The MARS-E also requires periodic rescreening of individuals,
consistent with the criticality or sensitivity rating of the
position. Furthermore, according to Covered California, the
IRS Publication 1075, Tax Information Security Guidelines
requires screening and consideration of an individual's
background and security clearance when designating personnel
who are authorized to access FTI.
3)ASSISTERS PROGRAM . Covered California is in the process of
establishing an Assisters Program that will include assister
enrollment entities (AEE) and individual entities. AEEs are
entities and organizations eligible to be trained and
registered to provide in-person assistance to consumers and
help them apply for Covered California programs, particularly
entities that have access to Covered California's targeted
population. Individual AEEs are individuals who are employed,
trained, certified, and linked to AEEs to provide in-person
assistance to consumers and help them apply for Covered
California programs and are individuals who can provide
assistance in a culturally and linguistically appropriate
manner to consumers. The proposed compensation for AEEs is
$58.00 per new enrollment into Covered California, including a
person who was a MAGI-eligible Medi-Cal enrollee but upon
redetermination qualifies for Covered California and when a
currently enrolled person adds a new dependent. Compensation
for annual renewal is $25.00. There is no compensation for an
enrollment into Medi-Cal.
The Board is expected to address regulations regarding AEE
fingerprinting and records checks at the June 20, 2013
meeting. The proposed regulations applying to AEEs will
provide for notification to the applicant of disqualifying
information and allow for an appeal. These regulations will
also provide for an opportunity to correct inaccurate or
incomplete information and request a new determination of
fitness for employment.
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4)IMPLEMENTATION . According to a Board Recommendation Brief
presented to the Exchange Board at the March 21, 2013 Board
meeting, in analyzing options for conducting background
checks, Covered California staff considered two standard types
of clearances: a) non-fingerprint-based background check; and,
b) fingerprint-based background check. A
non-fingerprint-based background check is conducted using the
applicant's identifying information, such as SSN, to check
county data sources. The fingerprinting-based background
check allows for a broader search including state and federal
crime databases maintained by DOJ and the Federal Bureau of
Investigation (FBI), respectively, and allows for subsequent
arrest notifications. The staff determined that
fingerprint-based background checks are necessary to comply
with federal requirements for initial security clearance and
ongoing monitoring. They noted that fingerprint-based
background checks will identify convictions and any arrests
for which charges are still pending and will not identify any
arrests that did not result in conviction. Covered California
explored the possibility of using existing fingerprint checks
previously undergone by prospective Covered California
personnel to satisfy Covered California's background check
requirement. This approach was determined not to meet federal
requirements because it will not provide a positive
identification of the individual being screened and will not
allow Covered California to receive required subsequent arrest
notifications.
On March 19, 2013, Insurance Commissioner (IC) Dave Jones sent a
letter to Covered California regarding this issue. He stated
that he supported the staff proposal on fingerprinting and
background checks, but that in his opinion, it fell short with
regard to Assisters. He further recommended a process and
standards to certify that persons seeking to become assisters
meet some minimum qualifications including that they not be
known as criminals with a history of felony or misdemeanor
convictions that indicate a history or dishonesty or breach of
trust. The IC further recommended that applicants be excluded
if convicted of a felony or certain types of crimes of
dishonesty or moral turpitude and that applicants be required
to disclose all criminal convictions and administrative
actions. The IC also recommended that the list of
disqualifying crimes be the same as those that apply to those
seeking an insurance agent license and suggested guidelines on
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how these crimes and acts are to be weighed when decisions are
made to issue or revoke a license and recommended that Covered
California use the CDI list of crime and other administrative
standards.
Covered California will use the judicially created standard of
crimes of moral turpitude to guide potentially disqualifying
offenses which could include theft, dishonesty, or fraud, as
well as, the manufacture or distribution of drugs and certain
violent or property offenses, such as assault with a deadly
weapon, murder, and arson, which are performed with an evil
intent. According to the Board Brief, this standard is used by
many other state departments and is simple shorthand as
compared to enumerating each disqualifying crime. Other
crimes not likely to impact an individual's fitness for
employment, such as driving under the influence, drug
possession, and petty vandalism, will not be considered
disqualifying.
Background Checks are proposed to be performed as follows:
a) Prospective Covered California employees : As a condition
of employment, Covered California will require background
checks of all prospective employees whose duties include
access to PII, PHI, or FTI. Hiring offers will be made
contingent on an acceptable background criminal record
check, and prospective employees will not begin employment
until the criminal record check is completed and approved.
b) Prospective Covered California contractors,
subcontractors, volunteers, and vendors : Covered California
will require background checks of all prospective
contractors, subcontractors, volunteers and vendors whose
duties include access to PII, PHI, or FTI. AEEs would be
considered volunteers or vendors depending on their
compensation terms. For AEEs, acceptance to training will
be contingent on an acceptable background criminal record
check, and prospective AEEs will not begin training until
the criminal record check is completed and approved.
c) Current Covered California employees and contractors,
subcontractors, volunteers and vendors : CMS requires all
Covered California employees, contractors, subcontractors,
volunteers, and vendors to have a criminal record check
before hire. Because some individuals in these positions
have already been hired and more will be hired before
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legislation can be obtained to authorize access to criminal
records, the treatment of existing personnel will need to
be discussed with federal oversight agencies.
d) Periodic rescreening of employees, contractors,
subcontractors, volunteers, and vendors : Once an employee,
contractor, subcontractor, volunteer, or vendor has been
fingerprinted and approved for access to personal
information, Covered California will receive any subsequent
arrest and conviction information from DOJ for California
offenses. There is no additional charge for this
information, and no further action will be required of the
employee, contractor, subcontractor, volunteer, or vendor.
5)UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
GUIDANCE . The EEOC enforces Title VII of the Civil Rights Act
of 1964 (Title VII) which prohibits employment discrimination
based on race, color, religion, sex, or national origin. In
April of 2012, the EEOC issued an Enforcement Guidance on the
consideration of arrest and conviction records in employment
decisions as part of the EEOC's efforts to eliminate unlawful
discrimination in employment screening, for hiring or
retention, by entities covered by Title VII, including private
employers as well as federal, state, and local governments.
According to the Guidance, in the last twenty years, there has
been a significant increase in the number of Americans who
have had contact with the criminal justice system and,
concomitantly, a major increase in the number of people with
criminal records in the working-age population. In 1991, only
1.8% of the adult population had served time in prison. After
10 years, in 2001, the percentage rose to 2.7% (one in 37
adults). By the end of 2007, 3.2% of all adults in the United
States (one in every 31) were under some form of correctional
control involving probation, parole, prison, or jail. The
DOJ's Bureau of Justice Statistics has concluded that, if
incarceration rates do not decrease, approximately 6.6% of all
persons born in the United States in 2001 will serve time in
state or federal prison during their lifetimes. The Guidance
goes on to point out that arrest and incarceration rates are
particularly high for African American and Hispanic men.
African Americans and Hispanics are arrested at a rate that is
two to three times their proportion of the general population.
Assuming that current incarceration rates remain unchanged,
about one in 17 White men are expected to serve time in prison
during their lifetime; by contrast, this rate climbs to one in
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6 for Hispanic men; and, to one in three for African American
men.
In updating, consolidating, and incorporating longstanding court
decisions and policy documents, the EEOC issued revised
directions. Of relevance to this bill is the specific
guidance on the disparate impact of a policy that may seem
neutral on its face. The guidance states that a covered
employer is liable for violating Title VII when the plaintiff
demonstrates that the employer's neutral policy or practice
has the effect of disproportionately screening out a Title
VII-protected group and the employer fails to demonstrate that
the policy or practice is job related for the position in
question and consistent with business necessity. The first
step is to look at which offenses or classes of offenses are
reported to the employer (e.g., all felonies, all drug
offenses); whether convictions (including sealed and/or
expunged convictions), arrests, charges, or other criminal
incidents were reported; how far back in time the reports
reached (e.g., the last five, 10, or 20 years); and, the jobs
for which the criminal background screening was conducted. In
determining the impact, the Guidance points out that
nationally, African Americans and Hispanics are arrested in
numbers disproportionate to their representation in the
general population. In 2010, 28% of all arrests were of
African Americans, even though African Americans only
comprised approximately 14% of the general population. In
2008, Hispanics were arrested for federal drug charges at a
rate of approximately three times their proportion of the
general population. Moreover, African Americans and Hispanics
were more likely than Whites to be arrested, convicted, or
sentenced for drug offenses even though their rate of drug use
is similar to the rate of drug use for Whites. African
Americans and Hispanics also are incarcerated at rates
disproportionate to their numbers in the general population.
Based on a state-by-state examination of incarceration rates
in 2005, African Americans were incarcerated at a rate 5.6
times higher than Whites, and seven states had a
Black-to-White ratio of incarceration that was 10 to one. In
2010, Black men had an imprisonment rate that was nearly seven
times higher than White men and almost three times higher than
Hispanic men. The Guidance concludes that this data supports
a finding that criminal record exclusions have a disparate
impact based on race and national origin. The Guidance
further cites case law that suggests that exclusions, in order
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to not be discriminatory, must consider the nature and gravity
of the offense, the time that has passed since the offense and
the nature of the job sought.
Even the federal government, imposes criminal record
restrictions on its workforce through "suitability"
requirements for certain positions. The federal government's
Office of Personnel Management (OPM) defines suitability as
"determinations based on a person's character or conduct that
may have an impact on the integrity or efficiency of the
service." Under OPM's rules, agencies may bar individuals
from federal employment for up to three years if they are
found unsuitable based on criminal or dishonest conduct, among
other factors. OPM gives federal agencies the discretion to
consider relevant mitigating criteria when deciding whether an
individual is suitable for a federal position. These
mitigating criteria provide an individualized assessment of
the applicant's background, and allow consideration of: a) the
nature of the position for which the person is applying or in
which the person is employed; b) the nature and seriousness of
the conduct; c) the circumstances surrounding the conduct; d)
how recent is the conduct; e) the age of the person involved
at the time of the conduct; f) contributing societal
conditions; and, g) the absence or presence of rehabilitation
or efforts toward rehabilitation.
6)COST . The estimated cost for an individual criminal
background check is approximately $65 which includes the cost
of fingerprinting and fees charged by DOJ and the FBI. For
employees or prospective employees and individuals who have
successfully completed the training and certification process
to be an AEE, the Exchange staff recommend that Covered
California pay the cost for the background checks for year
one. The policy to pay for background checks for certified
Assisters will be specified in forthcoming Assister program
recommendations. Covered California's other contactors,
subcontractors, volunteers, and vendors that are not AEEs
would pay for the cost of background checks for employees and
prospective employees who would be required to undergo a
background check. Covered California is planning to engage in
negotiations to receive a state-wide discount rate through a
company such as LiveScan and offer the services to
contractors, subcontractors, volunteers, and vendors to reduce
costs.
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7)RELATED LEGISLATION .
a) SB 509 (DeSaulnier), requires the Board of the Exchange
to require fingerprint images and related information of
all employees, prospective employees, contractors,
subcontractors, volunteers, or vendors whose duties include
or would include access to confidential information, PII,
PHI, FTI, financial information, or any information as
required by federal law or guidance, as applicable for the
purposes of obtaining information as to the existence and
content of a record of state or federal criminal history
and information as to the existence and content of pending
state or federal arrests, as specified.
b) SB 4 X1 (Emmerson) and AB 3 X1 (Conway) would require
all employees and vendors who would have access to
financial or medical information to be subject to
background checks and prohibit any person convicted of
specified crimes from being employed by or to enter into a
contract with the Exchange.
8)PREVIOUS LEGISLATION . AB 1602 (P�rez), Chapter 655, Statutes
of 2010, and SB 900 (Alquist), Chapter 659, Statutes of 2010,
establish the Exchange, now called Covered California, to
screen low-income persons for Medi-Cal eligibility and as a
market place for people with family incomes up to 400% FPL to
purchase QHPs and to obtain APTCs and other cost sharing
reductions.
9)POLICY COMMENTS .
a) Inconsistent with the Exchange Proposed Policy. The
language in this bill is both over inclusive and under
inclusive with regard to the policy the Exchange Board is
proposing to adopt and potentially with regard to
compliance with federal law. For instance, SB 509 and the
Draft Regulations proposed for adoption by the Exchange
include volunteers in order to ensure that Assisters who
work with Community-Based Organizations and will not
necessarily be under contract with the Exchange, but
nonetheless will have access to PII, PHI, and tax
information are required to undergo a background check.
This bill does not. In addition, SB 509 and the Draft
Regulations cover employees and contractors who have access
to this type of information in the course of working on the
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California Healthcare Eligibility, Enrollment, and
Retention System as technical experts maintaining the
information technology system. This bill is limited to
those who facilitate enrollment.
On the other hand, this bill enacts an absolute bar for
anyone who has been convicted of any of a list of offenses
that include any felony conviction and misdemeanors such as
resisting arrest. This would exclude someone who was
convicted of resisting arrest as a result of a political
demonstration at any time in the past. It would also
exclude persons convicted of felonies that are unrelated to
their current capacity to be trusted with financial or
medical information, such drug-related offenses that
occurred many years prior and for which the person has long
since atoned, paid their debt to society and has been
rehabilitated, regardless of the person's demonstrated
current ability to be trusted with the information. This
policy is inconsistent with the EEOC Guidance cited above
and most likely would be found to violate Title VII of the
Civil Rights Act of 1996.
b) Vague and Overly Broad. This bill also has an overly
broad provision that requires a person to notify the
Exchange of actions taken against a professional license,
which is not required under the federal guidance. It
appears to be taken from a suggestion by the IC that a
process be adopted similar to that used for licensed
agents. However, this does not seem relevant to assisters
or even Exchange employees. This bill also uses a list of
crimes that are from federal law that are referenced in the
IC's March 2013 letter. However, this bill does not
include the additional provisions, as suggested in the IC's
letter and that are in state law and regulation that allow
discretion. Existing state law and regulation provide for
a case by case analysis based on a variety of factors and
not an absolute bar.
c) Inconsistent with MARS-E. The bill does not provide for
the use of the usual mechanism of conducting a criminal
background check which is to require fingerprints and
personal identifying information and to require the DOJ to
use the criminal records data base to identify a person's
criminal history. This mechanism would also allow for
periodic screening to identify new arrests or convictions
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as required by the MARS-E.
d) Technical Issues. This bill has many technical issues
that need to be addressed. For instance, it does not
specify how the Exchange is to determine the existence of a
criminal record other than asking an applicant. It
requires fingerprints but does provide the necessary
authorization to obtain the information from DOJ. This
bill also does not provide for how the costs will be
covered, does not allow for a person to contest the
determination of a disqualifying conviction, and does not
authorize the Exchange to take other actions necessary to
implement its provisions.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Marjorie Swartz / HEALTH / (916)
319-2097