Amended in Assembly April 24, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2706

Introduced by Assembly Member Roger Hernández

February 21, 2014

An act to add Section 49452.9 to the Education Code, relating to health care coverage.

LEGISLATIVE COUNSEL’S DIGEST

AB 2706, as amended, Roger Hernández. Schools: health care begin delete coverage. end delete begin insert coverage: enrollment assistance. end insert

Existing law requires the governing board of a school district to make rules for the physical examination of pupils that will ensure proper care of the pupils and proper secrecy with regard to any defect noted. begin delete Existing law allows the parent or legal guardian having control or charge of any child enrolled in a public school to annually file a statement in writing, signed by the parent or legal guardian, that he or she will not consent to an examination of his or her child. end delete Existing law requires a pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, to present proof, no later than May 31 of the school year, of having received an oral health assessment by a licensed dentist or other licensed or registered dental health professional operating within his or her scope of practice that was performed no earlier than 12 months prior to the date of the initial enrollment of the pupil. begin insert Existing law prohibits a school district from permitting access to pupil records, other than directory information, to any person without parental consent or without a judicial order, except to specified persons under certain circumstances, including to a pupil 16 years of age or older or who has completed grade 10. end insert

Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires an applicable individual to ensure that he or she, and any dependent of that individual, is covered under minimum essential coverage for each month beginning after 2013.

begin delete

This bill would require a parent or legal guardian of a pupil enrolling in transitional kindergarten, kindergarten, or first grade, to make a written disclosure stating whether the pupil is covered by health care coverage that constitutes minimum essential coverage under PPACA. The bill would require the parent to provide proof of the pupil’s health care coverage and would require a school district to make a reasonable effort to direct the parent or legal guardian of a pupil who is not covered by minimum essential coverage under PPACA to the necessary resources to obtain that coverage. The bill would require a public school to provide a specified written notice to the parent regarding the use of this information. The bill would authorize the State Department of Education to develop a standardized template for this written disclosure and would require the department to make the template available on its Internet Web site and provide written copies to a school district upon request.

end delete begin insert

This bill would require a public school to add a form to its enrollment forms, or amend an existing enrollment form to include a section, that offers a parent or legal guardian of a pupil the option of being connected to specified individuals or entities for the purpose of providing the parent or legal guardian information about health care coverage options and enrollment assistance. The bill would require a public school to share the contact information of the parent or legal guardian with specified individuals or entities, if consent is provided, and would prohibit the school from disclosing the information provided on the form or amendment for any other purpose. The bill would authorize a school to also include a fact sheet with its enrollment forms explaining basic information about affordable health care coverage options for children and families. The bill would authorize the State Department of Education to develop a standardize template for the fact sheet and the enrollment form or amendment and would require the department to make those templates available on its Internet Web site and provide written copies to a school district upon request.

end insert

By requiring schools begin delete and school districts end delete to perform additional duties, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 49452.9 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 49452.9. end insert   

(a) Commencing with the 2015-16 school year, a
public school, including a charter school, shall add a form to its
enrollment forms, or amend an existing enrollment form to include
a section, that offers a parent or legal guardian of a pupil the
option of being connected to any of the following for the purpose
of providing the parent or legal guardian information about health
care coverage options and enrollment assistance:

(1) A Certified Enrollment Counselor who meets the applicable
requirements of Chapter 12 (commencing with Section 6408) of
Title 10 of the California Code of Regulations.

(2) School personnel who conduct health care coverage
enrollment.

(3) A local nonprofit organization qualified to assist with health
care coverage enrollment.

(b) The form or amendment shall be in no less than 10-point
font and shall contain a check box that states the following:

“Affordable health care coverage options may be available to
you and your child. Please check here if you would like a person
qualified to assist you with health care coverage enrollment to
contact you and provide information to you about affordable health
care coverage options and enrollment assistance. Your name and
contact information will only be shared for this purpose.”

(c) (1) The form or amendment shall request the contact
information of the parent or legal guardian and his or her consent
to share that information with an individual or entity listed in
subdivision (a). This consent shall be signed and dated by the
parent or legal guardian.

(2) The form or amendment shall include a notice stating that
the information provided shall only be shared with specified
individuals or entities who assist with health care coverage
enrollment. This paragraph shall be deemed satisfied if the school
uses the template developed under subdivision (g).

(d) When a parent or legal guardian checks the box described
in subdivision (b) and provides the contact information and consent
described in subdivision (c), the school shall provide the contact
information supplied on the form or amendment directly to one of
the individuals or entities described in subdivision (a).

(e) The information provided on the form or amendment
required under this section shall be considered a pupil record
under Article 5 (commencing with Section 49073) of Chapter 6.5.
Notwithstanding any provision of law, including Article 5
(commencing with Section 49073), that information shall not be
disclosed to any person other than as required by this section.

(f) A school may include a fact sheet with the its enrollment
forms explaining basic information about affordable health care
coverage options for children and families.

(g) (1) The State Department of Education may develop a
standardized template for both of the following:

(A) The form or amendment required by subdivision (a). This
template shall include a statement indicating that the information
disclosed shall only be shared with specified entities or individuals
who assist with health care coverage enrollment and shall not be
shared with any other entities or individuals.

(B) The fact sheet described in subdivision (f).

(2) The department shall make any templates developed pursuant
to this subdivision available on its Internet Web site and shall,
upon request, provide written copies of the template to a school
district.

(h) A school district shall not discriminate against a pupil who
does not have health care coverage or use any information relating
to a pupil’s health care coverage or interest in learning about
health care coverage in any manner that would bring harm to the
pupil or the pupil’s family.

end insert

begin delete

SECTION 1.  

Section 49452.9 is added to the Education Code,
to read:

49452.9.  

(a) Commencing with the 2015-16 school year, upon
first enrollment of a pupil into transitional kindergarten,
kindergarten, or first grade in a public school, including a charter
school, the parent or legal guardian of the pupil shall make a
written disclosure stating whether the pupil is either of the
following:

(1) Covered by health care coverage. The parent or legal
guardian shall provide proof of this coverage and indicate one of
the following:

(A) He or she believes that this coverage constitutes minimum
essential coverage under Section 5000A of the federal Internal
Revenue Code.

(B) He or she is not sure whether this coverage constitutes
minimum essential coverage under Section 5000A of the federal
Internal Revenue Code.

(2) Not covered by health care coverage that constitutes
minimum essential coverage under Section 5000A of the federal
Internal Revenue Code. The parent or legal guardian shall disclose
whether he or she believes that the pupil is exempt from the
requirement under Section 5000A of the federal Internal Revenue
Code to maintain minimum essential coverage.

(b)  A public school shall provide a written notice to the parent
or legal guardian making the disclosure required under subdivision
(a) that the information provided will only be used for the purpose
of determining whether the parent or legal guardian of a pupil
should be directed to other resources for the purpose of obtaining
health care coverage for the pupil. This requirement shall be
deemed satisfied if the school uses the template developed under
subdivision (e).

(c) With respect to a pupil who, according to the disclosure
under subdivision (a), may not be covered by health care coverage
that constitutes minimum essential coverage under Section 5000A
of the federal Internal Revenue Code, the school district shall make
a reasonable effort to direct the parent or legal guardian of the
pupil to the resources necessary to obtain affordable health care
coverage for the pupil that constitutes minimum essential coverage
under Section 5000A of the federal Internal Revenue Code.

(d) A school district shall not discriminate against a pupil who
does not have health care coverage or prevent a pupil from
enrolling based on the pupil’s lack of health care coverage or
inability to provide proof of health care coverage.

(e) The State Department of Education may develop a
standardized template for the written disclosure required by this
section. If the department develops that template, the department
shall make the template available on its Internet Web site and shall,
upon request, provide written copies of the template to a school
district. A template developed pursuant to this subdivision shall
include a statement indicating that the information disclosed shall
only be used for the purpose of determining whether a parent or
legal guardian of a pupil should be directed to other resources for
the purpose of obtaining health care coverage for the pupil.

end delete

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.