Amended in Senate May 3, 2016

Amended in Senate July 15, 2015

Amended in Assembly May 4, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1051


Introduced by Assembly Member Maienschein

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(Principal coauthors: Assembly Members Lackey, Steinorth, and Waldron)

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(Principal coauthor: Senator Nielsen)

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(Coauthors: Assembly Membersbegin delete Atkins, Baker, Bonilla,end deletebegin insert Bigelow, Chang,end insert Chávez,begin delete Gonzalez,end deletebegin insert Dahle, Gallagher,end insert Jones,begin delete Jones-Sawyer, Lackey, Steinorth, and Waldronend deletebegin insert Kim, Linder, Mathis, Mayes, Olsen, and Wilkend insert)

(Coauthors: Senators Anderson, Bates,begin delete Block, and Huesoend deletebegin insert Berryhill, Cannella, Fuller, Huff, Nguyen, Stone, and Vidakend insert)

February 26, 2015


begin deleteAn act to amend Section 186.22 of the Penal Code, relating to human trafficking. end deletebegin insertAn act relating to Medi-Cal, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1051, as amended, Maienschein. begin deleteHuman trafficking. end deletebegin insertDenti-Cal program.end insert

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Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits provided under the Medi-Cal program, which includes certain dental services that are referred to as Denti-Cal.

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This bill would appropriate $200,000,000 from the General Fund to the State Department of Health Care Services for the Denti-Cal program. The bill would require the department to allocate these funds to, among other things, increase funding for preventative care and case management services, as appropriate, to achieve significant long-term cost savings, increased provider participation, and increased beneficiary utilization under the Denti-Cal program.

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Existing law, as amended by Proposition 21, as approved by the voters at the March 7, 2000, statewide primary election, provides that any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished, as specified. Existing law defines “a pattern of criminal gang activity” as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, 2 or more listed offenses. Proposition 21 may be amended by a statute passed by a 23 vote of the membership of each house of the Legislature.

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This bill would add human trafficking as an offense that may be used to establish a pattern of criminal gang activity. Because this bill would amend Proposition 21, the bill requires a 23 vote.

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Because this bill would change the definition of a crime, it would impose a state-mandated local program.

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The bill would also correct cross-references and make conforming changes.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: 23. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

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The Legislature finds and declares all of the
2following:

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(a) California’s Medicaid dental program, Denti-Cal, is charged
4with providing an adequate level of dental coverage to 13 million
5low-income Californians, including five million children.

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6
(b) Dental care, particularly preventative care, can have
7significant long-term impacts. Tooth decay and disease are
8associated with pregnancy risks, diabetes, and respiratory and
9heart disease. Additionally, a lack of access to dental care among
10children can result in missed school days, and ultimately poorer
11academic performance.

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12
(c) Denti-Cal, as currently implemented and funded, is a failure.
13Just 37.8 percent of California’s five million Denti-Cal-eligible
14children saw a dentist in the 2014 calendar year.

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15
(d) The Milton Marks “Little Hoover” Commission on
16California State Government Organization and Efficiency and the
17California State Auditor both note these low utilization rates, which
18stem from a lack of providers and an uneven distribution of those
19providers that do participate in the Denti-Cal program. Five
20counties have no providers, and 14 counties only have providers
21that are not accepting new patients.

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(e) The lack of providers is partly a result of low reimbursement
23rates, which are typically one-third to one-half of the national
24average for common procedures.

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begin insertSEC. 2.end insert  

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(a) The sum of two hundred million dollars
26($200,000,000) is hereby appropriated from the General Fund to
27the State Department of Health Care Services for the Denti-Cal
28program. The intent of the Legislature is to attract and retain more
29providers, with an emphasis on underserved areas, and to increase
30utilization of the program.

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(b) The State Department of Health Care Services shall allocate
32the funds appropriated in subdivision (a), as appropriate, to
33accomplish both of the following:

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(1) Increase reimbursement rates for the 15 most common
35prevention, treatment, and oral evaluation services to the Medicaid
36national average.

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(2) Increase funding for preventative care and case management
38services, as appropriate, to achieve significant long-term cost
P4    1savings, increased provider participation, and increased
2beneficiary utilization under the program.

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3
(c) Any funds remaining after the allocation specified in
4subdivision (b) shall be allocated to other uses that further the
5intent of the Legislature, as described in subdivision (a), including,
6but not limited to, increasing additional reimbursement rates to
7the national average.

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All matter omitted in this version of the bill appears in the bill as amended in the Senate, July 15, 2015. (JR11)



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