BILL NUMBER: SB 1339	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2014
	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 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  and would provide that it is the
responsibility of the DMC provider's owner or medical director to
pay that fee  . 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 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  own  recognizance, pending trial or appeal.
   (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
    persons described in subdivision (a).
   (d)  (1)    The Department of Justice shall
charge a fee sufficient to cover the cost of processing the requests
described in this section. 
   (2) Payment of the fee imposed pursuant to paragraph (1) shall be
the responsibility of the DMC provider's owner or medical director,
as applicable. 
   (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.