Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2108

Introduced by Assembly Member Waldron

February 17, 2016

An act to begin delete amend Section 38050 of the Health and Safety Code, relating to human services. end delete begin insert add Section and repeal Section 14131.09 of the Welfare and Institutions Code, relating to Medi-Cal. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2108, as amended, Waldron. begin delete Human services: dispute resolution. end delete begin insert Medi-Cal: adult dental services. end insert

begin insert

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 that adult dental services are excluded from coverage under the program, except for specified medically necessary services.

end insert begin insert

This bill would require the department, on or before January 1, 2018, to report to the Legislature on the cost and feasibility of restoring full adult dental services as a covered benefit under the program, as specified.

end insert begin delete

Existing law finds, among other things, that in contractual relationships between the California Health and Human Services Agency and other specified entities, problems arise under cooperative agreements that end in disputes. Existing law establishes a formal administrative appeal process available to private, nonprofit human service organizations seeking resolution of any dispute arising out of a direct service contract with the California Health and Human Services Agency or a component department of the agency, except as provided.

end delete begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 14131.09 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 14131.09. end insert   

(a) On or before January 1, 2018, the department
shall report to the Legislature on the cost and feasibility of
restoring full adult dental services as a covered benefit under the
Medi-Cal program.

(b) The report described in subdivision (a) shall be submitted
in compliance with Section 9795 of the Government Code.

(c) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

begin delete

SECTION 1.  

Section 38050 of the Health and Safety Code is
amended to read:

38050.  

The Legislature hereby finds that in a contractual
relationship between the California Health and Human Services
Agency, its component departments, and private, nonprofit human
service organizations:

(a)  Problems arise under cooperative agreements that end in
disputes.

(b)  The intent between the disputing parties is to resolve their
controversy through an informal dispute process. The parties should
set a goal of no more than 60 days from receipt of a complaint to
a resolution.

(c)  If the parties reach an impasse, then there should be a logical
intermediate appeal authority as the next level in the appeal
process.

(d)  In California, there exists no process between informal
dispute resolution and judicial review that is available to, and that
can properly address controversies between the California Health
and Human Services Agency and human service organizations.

end delete