BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 2706
          AUTHOR:        Hernandez
          AMENDED:       May 27, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 25, 2014
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  Health care coverage options and enrollment  
          assistance.
          
           SUMMARY  

          This bill requires schools to add to enrollment forms, for  
          the 2015-16, 2016-17, and 2017-18 school years, information  
          about health care coverage options and enrollment  
          assistance.

           BACKGROUND  

          Current law:

          1)   Establishes the California Health Benefit Exchange,  
               known as Covered California, as an independent state  
               entity to serve as the marketplace for Californians to  
               purchase health care coverage and as a way to meet the  
               personal responsibility requirements of the federal  
               Patient Protection and Affordable Care Act.

          2)   Authorizes school districts and county offices of  
               education to incorporate into the School Lunch Program  
               application packet or notification of eligibility that  
               the student may qualify for free or reduced-cost  
               health coverage under the California Health Benefit  
               Exchange.  
               (Education Code § 49557.2)

           ANALYSIS
           
          This bill requires schools to add to enrollment forms, for  
          the 2015-16, 2016-17, and 2017-18 school years, information  
          about health care coverage options and enrollment  
          assistance.  Specifically, this bill:




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          1)   Requires a public school, including a charter school,  
               to add an informational item to its enrollment forms,  
               or amend an existing enrollment form, in order to  
               provide the parent information about health care  
               coverage options and enrollment assistance.



          2)   Authorizes schools to either:

                    a)             Use a template developed by the  
                    Superintendent of Public Instruction (SPI).

                    b)             Develop an informational item or  
                    amend an existing enrollment form.

          3)   Authorizes a school to include a factsheet with its  
               enrollment forms explaining basic information about  
               affordable health care coverage options for children  
               and families.

          4)   Requires the California Department of Education (CDE)  
               to develop a standardized template for both of the  
               following:

                    a)             The informational item or amended  
                    existing enrollment form.  This bill requires the  
                    template to include a statement indicating that  
                    the information disclosed is to be shared only  
                    with specified entities or individuals who assist  
                    with health care coverage enrollment and is  
                    prohibited from being shared with any other  
                    entity or individual.  

                    b)             The factsheet authorized by this  
                    bill.

          5)   Requires the CDE to make the templates available on  
               its website and, upon request, provide written copies  
               of the template to a school district.

          6)   Prohibits a school district from discriminating  
               against a student who does not have health care  
               coverage or use any information relating to a  
               student's health care coverage or interest in learning  




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               about health care coverage in any manner that would  
               bring harm to the student or the student's family.  

          7)   Provides that 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 lack thereof, as a result of the connection  
               to assistance provided by a school. 

          8)   Sunsets the provisions of this bill on January 1,  
               2019.

           STAFF COMMENTS  

           1)   Provision of information  .  This bill requires schools  
               to provide information to parents about health care  
               coverage options and enrollment assistance.  This bill  
               does not require schools to assist parents in  
               selecting coverage or in enrolling in health coverage.  
                Therefore, staff recommends amendments as follows:

               a)        Delete the requirement that the template  
                    include a statement indicating that the  
                    information disclosed is to be shared only with  
                    specified entities or individuals who assist with  
                    health care coverage enrollment and is prohibited  
                    from being shared with any other entity or  
                    individual.  

               b)        Delete the provision that 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 lack  
                    thereof, as a result of the connection to  
                    assistance provided by a school.  

           2)   ALL IN for Health Campaign  .  The California Department  
               of Education's (CDE) website currently contains  
               information about the ALL IN for Health Campaign for  
               schools, early learning programs, and after school  
               programs.  This information includes advice that  
               schools can provide information to families about  
               health coverage options.   
                http://www.cde.ca.gov/nr/el/le/yr14ltr0310.asp  

           3)   Due date  ?  This bill requires the CDE to make the  




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               templates available on its website and, upon request,  
               provide written copies of the template to a school  
               district.  However, this bill does not provide a date  
               by which the CDE is to post the template on its  
               website.  Staff recommends an amendment to require CDE  
               to post the template on its website by August 1, 2015.

           4)   Technical amendment  .  This bill authorizes a school to  
               use a template developed by the Superintendent of  
               Public Instruction (SPI) yet requires the CDE to  
               develop the template.  Staff recommends an amendment  
               to strike reference to the SPI.

           5)   Fiscal impact  .  According to the Assembly  
               Appropriations Committee, this bill would impose  
               General Fund (Proposition 98) state-mandated costs to  
               school districts and charter schools, potentially in  
               the thousands.  Local costs likely minimized to the  
               extent local education agencies utilize the  
               standardized form developed by the CDE.  Minor costs  
               to CDE to create a standardized template and post on  
               the department's Web site. 

           SUPPORT  

          California Coverage & Health Initiatives
          Children Now
          El Rancho Unified School District
          PICO California
          The Children's Partnership
          United Ways of California

           OPPOSITION

           Association of California School Administrators