BILL NUMBER: AB 2233 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Nielsen
FEBRUARY 18, 2010
An act relating to inmates. An act to add
Section 5023.1 to the Penal Code, relating to inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 2233, as amended, Nielsen. Inmates: health care.
Existing law provides that the supervision, management and control
of state prisons, and the responsibility for the care, custody,
treatment, training, discipline, and employment of persons confined
therein are vested in the Secretary of the Department of Corrections
and Rehabilitation.
This bill would declare the intent of the Legislature to later
amend this bill to authorize the secretary to create and implement a
health management organization or preferred provider organization
system of health care for inmates.
This bill, the Academic Correctional Health Care Act, would
require the department to create a preferred provider organization or
health management organization system of inmate health care delivery
that dramatically reduces costs to a level similar to other large
states, while providing a constitutional level of health care to
inmates. The department would be required to begin implementing the
program no later than one year after the effective date of the bill
and fully implement the program no later than 4 years after the
effective date.
The bill would also require the department, in cooperation with
the University of California, Office of the President, and in
consultation with the Federal Receiver for the California Prison
Health Care Receivership Corporation, to engage in a study to assess
and evaluate the concept of and mutual interests in turning the
delivery of inmate health care over to the University of California
system, the goals of which would be to significantly reduce costs to
taxpayers while more efficiently providing a constitutional level of
health care to inmates. The study would be required to contain
specified elements. The department would be required to complete the
study and report to the Legislature by September 1, 2011.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5023.1 is added to the
Penal Code , to read:
5023.1. (a) This act shall be known and may be cited as the
Academic Correctional Health Care Act.
(b) The Department of Corrections and Rehabilitations shall
create a preferred provider organization or health management
organization system of inmate health care delivery that dramatically
reduces costs to a level similar to other large states, which
currently is about one-half of California's costs, while providing a
constitutional level of health care to inmates.
(c) The department shall give careful and expeditious
consideration to the emerging trend of partnering with the University
of California in the delivery of inmate health care. The department,
in cooperation with the University of California, Office of the
President, and in consultation with the Federal Receiver for the
California Prison Health Care Receivership Corporation, shall engage
in a study to assess and evaluate the concept of and mutual interests
in turning the delivery of inmate health care over to the University
of California system, the goals of which are to significantly reduce
costs to taxpayers while more efficiently providing a constitutional
level of health care to inmates.
(d) The department shall include in its study a review of similar
reorganizations in Texas, New Jersey, and Georgia, as well as the
findings contained in the NuPhysicia study ("Assessment and
Evaluation: California's Opportunities for Improved Inmate Health
Care Quality and Cost Controls" (March 17, 2010)).
(e) The study shall consist of topics, including, but not limited
to, all of the following:
(1) Streamlining the leadership structure within the California
correctional health care system.
(2) A separation of duties where one entity assesses quality and
controls budgets, while a separate entity is accountable for
execution and delivery of care.
(3) Evaluating the efficacy of the existing decentralization of
leadership of the current 33 independent entities, as well as the
divisions of medical, dental, and mental health.
(4) How to best leverage the existing academic health care
centers.
(5) Implementation of true electronic medical records instead of
printing and scanning.
(6) Expansion of telemedicine.
(7) Centralization of pharmacy, supplies, and materials
management.
(f) (1) The study shall be completed, and the department shall
report the study results to the Legislature by September 1, 2011.
(2) (A) The requirement for submitting a report imposed under this
subdivision shall become inoperative on September 1, 2015, pursuant
to Section 10231.5 of the Government Code.
(B) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(g) The implementation of the program specified in subdivision (b)
shall begin no later than one year after the effective date of the
legislation, and the complete implementation of the program shall
occur within four years of the effective date.
SECTION 1. It is the intent of the Legislature
to later amend this bill to authorize the Secretary of the Department
of Corrections and Rehabilitation to create and implement a health
management organization or preferred provider organization system of
health care for inmates.