BILL NUMBER: AB 2315	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 19, 2010

   An act to amend Section 910 of the Government Code, relating to
government tort claims.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2315, as introduced, Conway. Government tort claims.
   Existing law bars a suit for money or damages against a public
entity on a cause of action for which a claim is required to be
presented, until a written claim therefor has been presented to the
public entity and acted upon by the Victim Compensation and
Government Claims Board, the governing body of a local public entity,
or the Judicial Council, as applicable, or has been deemed to have
been rejected, except as specified. Existing law specifies the
contents of the claim, including the name and address of the
claimant, and the date, place, and circumstances giving rise to the
claim.
   This bill would require a claimant whose claim includes past or
future medical treatment, upon request of the public entity or its
representative, to provide his or her social security number,
Medicare health insurance claim number (HICN), any alternate name,
date of birth, and gender within 30 days of the request in order to
assist with Medicare Secondary Payer Mandatory Reporting, as
specified. The bill also would require the claimant, upon request of
the public entity or its representative, to complete a Medicare
Beneficiary Inquiry Form, as described.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 910 of the Government Code is amended to read:
   910.  A claim shall be presented by the claimant or by a person
acting on his or her behalf and shall show all of the following:
   (a) The name and post office address of the claimant.
   (b) The post office address to which the person presenting the
claim desires notices to be sent.
   (c) The date, place  ,  and other circumstances of the
occurrence or transaction  which   that 
gave rise to the claim asserted.
   (d) A general description of the indebtedness, obligation, injury,
damage  ,  or loss incurred so far as it may be known at
the time of presentation of the claim.
   (e) The name or names of the public employee or employees causing
the injury, damage, or loss, if known.
   (f) The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the
estimated amount of any prospective injury, damage, or loss, insofar
as it may be known at the time of the presentation of the claim,
together with the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate
whether the claim would be a limited civil case. 
   (g) Upon request of the public entity or its representative, a
claimant whose claim includes past or future medical treatment shall
provide his or her social security number, Medicare health insurance
claim number (HICN), any alternate name, date of birth, and gender
within 30 days of the request in order to assist with Medicare
Secondary Payer Mandatory Reporting, as defined by Section 111 of the
Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA; 42 U.S.C.
Sec. 1395y(b)(8)). Additionally, upon request of the public entity
or its representative, the claimant shall complete the Medicare
Beneficiary Inquiry Form, as suggested by the Centers for Medicare
and Medicaid Services' "ALERT: Compliance Guidance Regarding
Obtaining Individual HICNs and/or SSNs for Non-Group Health Plan
(NGHP) Reporting Under 42 U.S.C. 1395y(b)(7)" (May 26, 2009, as
amended).