BILL NUMBER: SB 1339	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2014

INTRODUCED BY   Senator Cannella
    (   Coauthors:   Senators   Huff
  and Vidak   ) 
    (  Coauthor:   Assembly Member  
Wilk   ) 

                        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 
Treatment  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,  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.     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,  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. 
   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  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.
  require a certified DMC provider's owner and medical
director to submit to the Department of Justice  
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.  
   (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. 
    (b)     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. 
   (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  the owner and key staff of the DMC provider.

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