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 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 requestbegin insert and would provide that it is the responsibility of the DMC provider’s owner or medical director to pay that feeend insert. 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 14124.27 is added to the Welfare and
2Institutions Code, to read:
(a) A county or the department, before contracting
4with a certified Drug Medi-Cal (DMC) provider, shall require a
5certified DMC provider’s owner and medical director to submit
6to the Department of Justice fingerprint images and related
7information required by the Department of Justice for the purpose
8of obtaining information as to the existence and content of a record
9of state and federal convictions and arrests and information as to
10the existence and content of a record of state and federal arrests
11for which the Department of Justice establishes that the person is
12free on bail, or on his or herbegin insert ownend insert recognizance, pending trial
or
13appeal.
14(b) The Department of Justice shall forward the fingerprint
15images and related information received pursuant to subdivision
16(a) to the Federal Bureau of Investigation and request a federal
17summary of criminal information. The Department of Justice shall
18review the information returned from the Federal Bureau of
19Investigation and compile and disseminate a response to the county
20or department pursuant to paragraph (1) of subdivision (p) of
21Section 11105 of the Penal Code.
22(c) The county or department contracting with the DMC provider
23shall request subsequent arrest notification service from the
24Department of Justice, as provided under Section 11105.2 of the
25Penal Code, for
26 persons described in subdivision (a).
P3 1(d) begin insert(1)end insertbegin insert end insert The Department of Justice shall charge a fee sufficient
2to cover the cost of processing the requests described in this
3section.
4(2) Payment of the fee imposed pursuant to paragraph (1) shall
5be the responsibility of the DMC provider’s owner or medical
6director, as applicable.
7(e) Except as provided by federal law, a DMC provider shall
8not be excluded from contracting with a county or
the department
9based solely on the existence of a past criminal record of the DMC
10provider’s owner or medical director.
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