AB 2101, as amended, Levine. Child care: alternative payment programs and contractors: electronic records.
The Child Care and Development Services Act, administered by the State Department of Education, provides that children from infancy to 13 years of age are eligible, with certain requirements, for child care and development services. The act requires the department to contract with local contracting agencies to provide for alternative payment programs, and authorizes alternative payment programs for services provided in licensed centers and family day care homes and for other types of programs that conform to applicable law. Existing law authorizes alternative payment programs and providers and other contractors providing child care development services to maintain records in electronic format if the original documents were created in electronic format, including, but not limited to, child immunization records.
This bill would authorize
contractorsbegin insert and alternative payment programs and providersend insert to maintain records electronically regardless of whether the original documents were created in electronic format and would expand the type of records that can be maintained electronically to include, among other things, attendance sheets. The bill would authorize alternative payment programs and providers to retain a case record using either electronic or otherbegin insert types ofend insert alternative storagebegin delete technologies, as providedend delete. The bill would authorize alternative payment programs and providers to use an electronic signature, as provided.begin insert The bill would require the above provisions
relating to the electronic retention of records or electronic signatures to be in compliance with state and federal standards, as determined by the department.end insert
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 8227.3 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
(a) Alternative payment programs and providers
4operating or providing services pursuant to this article may
5maintain recordsbegin delete in electronic format only if the original documents begin insert electronically, in compliance
6were created in electronic formatend delete
7with state and federal standards as determined by the departmentend insert.
8Records that may be created in electronic format and maintained
9electronically include, but are not limited to, the following:
10(1) Child immunization records.
11(2) Parental job verification records.
12(3) Parent income verification.
13(4) Parent school or training verifications and attendance
14records.
15(5) Attendance sheets.
end insertbegin insert16(6) Family eligibility and need files.
end insertbegin insert17(7) Notices of actions.
end insertbegin insert18(8) Family fee records.
end insertbegin insert19(9) Provider invoices.
end insert
20(b) Pursuant to Section 33421, thebegin delete originalend delete
records shall be
21retained by each contractor for at least five years, or, where an
22audit has been requested by a state agency, until the date the audit
23is resolved, whichever is longer.
24(c) begin deleteNothing in this end deletebegin insertThisend insertbegin insert end insertsectionbegin delete requiresend deletebegin insert does not requireend insert an
25alternative payment program or provider to create records
26electronically.
Section 8227.4 is added to the Education Code, to read:
begin deleteNotwithstanding any other law, including Section begin insertAlternativeend insertbegin insert end insertpayment programs and providers
48227.3, alternative end delete
5may retain a case record using either electronic or otherbegin insert types ofend insert
6 alterative storagebegin delete technologies. Permissible alternative storage
7technologies shall include, but are not limited to, photography,
8microphotography, electronically recorded video images on
9magnetic surfaces, electronic data processing systems, optical disk
10storage, or any other electronic medium that is a trusted system
11and that does not permit additions, deletions, or changes to the
12original document and meets all necessary state and federal laws
13for recording of permanent or nonpermanent records. A duplicate
14copy of any record reproduced shall be deemed to be an
originalend delete
15which complies with state and federal standards as determined by
16the departmentend insert.
Section 8227.5 is added to the Education Code, to read:
Alternative payment programs and providers operating
20or providing services pursuant to this article may use an electronic
21signaturebegin insert, which complies with state and federal standards as
22determined by the department,end insert that may be a marking that is either
23computer generated or produced by electronic means and is
24intended by the signatory to have the same effect as a handwritten
25signature.begin delete An e-mail signature may constitute an electronic
26signature.end delete
Section 8262.1 of the Education Code is amended to
29read:
(a) Contractors operating or providing services
31pursuant to this chapter may maintain records electronicallybegin insert, in
32compliance with state and federal standards as determined by the
33departmentend insert. Records that may be created in electronic format and
34maintained electronically include, but are not limited to, the
35following:
36(1) Child immunization records.
37(2) Parental job verification records.
38(3) Parent income verification.
39(4) Parent school or training verifications and attendance
40records.
P4 1(5) Attendance sheets.
2(6) Family eligibility and need files.
3(7) Notices of actions.
4(8) Family fee records.
5(9) Provider invoices.
6(b) Pursuant to Section 33421, the records shall be retained by
7each contractor for at least five years, or, where an audit has been
8requested by a state agency, until the date the audit is resolved,
9whichever is longer.
10(c) This section does not require a contractor
to create records
11electronically.
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