BILL NUMBER: AB 2706 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 21, 2014
An act to amend Section 49062 of, and to add and
repeal Section 49452.9 to of, the
Education Code, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 2706, as amended, Roger Hernández. Schools: health care
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 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 public school , for purposes of the
2015-16, 201 6-17, and 2017-18 school years, 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 form or
amendment and the information provided on the form or amendment
for any other purpose , and would require the school to destroy
the form immediately after sharing the contact information .
The bill would authorize a school to also include a factsheet 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 factsheet 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 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 49062 of the
Education Code is amended to read:
49062. School districts shall establish, maintain, and destroy
pupil records according to regulations adopted by the State Board of
Education. Pupil records shall include a pupil's health record. Such
regulations shall establish state policy as to what items of
information shall be placed into pupil records and what information
is appropriate to be compiled by individual school officers or
employees under the exception to pupil records provided in
subdivision (b) of Section 49061. No pupil records shall be destroyed
except pursuant to such regulations or as provided in subdivisions
(b) and (c) of Section 49070 or subdivision (d) of Section
49452.9 .
SECTION 1. SEC. 2. Section 49452.9
is added to the Education Code, to read:
49452.9. (a) Commencing with the 2015-16 school year,
(a) (1) For
purposes of the 2015-16, 2016-17, and 2017-18 school years, a
public school, including a charter school, shall add a separate
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) 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)
(B) School personnel who conduct health care coverage
enrollment.
(3)
(C) A local nonprofit organization qualified to assist
with health care coverage enrollment.
(2) If a school elects to amend an existing enrollment form for
purposes of this subdivision, the school shall not amend a form that
may be disclosed to a person who does not otherwise have access to
pupil records under Article 5 (commencing with Section 49073) of
Chapter 6.5.
(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 , but shall not
require, 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). If the
school elect s to use a separate form to comply with this
section, the school shall destroy the form immediately after
providing the contact information under this subdivision.
(e) The information provided on the form or
amendment required under this section , and the information
provided thereon, 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 form or amendment and
information shall not be disclosed to any person other than as
required by this section.
(f) A school may include a factsheet 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 factsheet 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.
(i) A school district is not liable for any civil damages
resulting from any act or omission that may arise from the health
care coverage secured by a parent or legal guardian, or the lack
thereof, as a result of the connection to assistance provided by a
school within the district pursuant to this section.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. SEC. 3. 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.