Amended in Senate April 29, 2014

Senate Bill No. 1339

Introduced by Senator Cannella

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(Coauthors: Senators Huff and Vidak)

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(Coauthor: Assembly Member Wilk)

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February 21, 2014

An act to add Section 14124.27 to the Welfare and Institutions Code, relating to Medi-Cal.

LEGISLATIVE COUNSEL’S DIGEST

SB 1339, as amended, Cannella. Medi-Cal: Drug Medi-Cal begin insert Treatment end insert Program providers.

Existing law provides for the Drug Medi-Cal (DMC) Treatment Program, under which counties enter into contracts with the State Department of Health Care Services for the provision of various drug treatment services to Medi-Cal recipients, or the department directly arranges for the provision of these services if a county elects not to do so.

This bill would require a county or the department, before contracting with a certified DMC provider, begin delete to obtain criminal background information for its owners and key staff, as defined, and to request subsequent arrest notification. The bill would authorize a county or the department to contract with a certified DMC provider irrespective of the contents of the state summary criminal history information. end delete begin insert to require a certified DMC provider’s owner and medical director to submit to the Department of Justice (DOJ) fingerprint images and other information required by DOJ to obtain the person’s criminal history information, as specified. The bill would require DOJ to forward the person’s fingerprint images and other information to the Federal Bureau of Investigation to obtain federal criminal history information and would require DOJ to report the criminal history information to the county or department. The bill would also require the county or department to request subsequent arrest notification for the person. The bill would require DOJ to charge a fee sufficient to cover the cost of processing that request. The bill would prohibit, end insert begin insert except as provided by federal law, a DMC provider from being excluded from contracting with a county or the department based solely on the existence of a past criminal record of the DMC provider’s owner or medical director. end insert

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

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

SECTION 1.  

Section 14124.27 is added to the Welfare and
Institutions Code, to read:

14124.27.  

(a) A county or the department, before contracting
with a certified Drug Medi-Cal (DMC) provider, shall begin delete obtain state
summary criminal history information from the Department of
Justice for the DMC provider’s owner and key staff. A county or
the department may contract with a certified DMC provider
irrespective of the contents of the state summary criminal history
information. end delete begin insert require a certified DMC provider’s owner and
medical director to submit to the Department of Justice end insert begin insert fingerprint
images and related information required by the Department of
Justice for the purpose of obtaining information as to the existence
and content of a record of state and federal convictions and arrests
and information as to the existence and content of a record of state
and federal arrests for which the Department of Justice establishes
that the person is free on bail, or on his or her recognizance,
pending trial or appeal. end insert

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(b) The owner and key staff of the DMC provider shall submit
fingerprint images and related information to the Department of
Justice for purposes of obtaining information as to the existence
and content of a record of state or federal convictions, and state
or federal arrests for which the Department of Justice establishes
that the person is free on bail or on his or her own recognizance
pending trial or appeal. The Department of Justice shall review
the available information and compile and disseminate a response
to the county or the department, as appropriate, pursuant to Section
11105 of the Penal Code.

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begin insert (b) end insert begin insert   end insert begin insert The Department of Justice shall forward the fingerprint
images and related information received pursuant to subdivision
(a) to the Federal Bureau of Investigation and request a federal
summary of criminal information. The Department of Justice shall
review the information returned from the Federal Bureau of
Investigation and compile and disseminate a response to the county
or department pursuant to paragraph (1) of subdivision (p) of
Section 11105 of the Penal Code. end insert

(c) The county or department contracting with the DMC provider
shall request subsequent arrest notification service from the
Department of Justice, as provided under Section 11105.2 of the
Penal Code, for begin delete the owner and key staff of the DMC provider. end delete

begin delete (d) end delete begin delete   end delete begin delete For purposes of this section, “key staff” means a person
employed by or working as a contractor for the DMC provider and
who has either supervisory duties or duties that give him or her
access to money. end delete begin insert persons described in subdivision (a). end insert

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(d) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this section.

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(e) Except as provided by federal law, a DMC provider shall
not be excluded from contracting with a county or the department
based solely on the existence of a past criminal record of the DMC
provider’s owner or medical director.

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