BILL NUMBER: AB 2706 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
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
coverage. coverage: enrollment assistance.
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. 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. 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. 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.
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.
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.
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.
By requiring schools and school districts 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:
SECTION 1. Section 49452.9 is added to the
Education Code , to read:
49452.9. (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.
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.
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.