BILL NUMBER: SB 616	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012
	AMENDED IN SENATE  APRIL 26, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator DeSaulnier
    (   Coauthor:   Senator
  Alquist   ) 

                        FEBRUARY 18, 2011

    An act to add Article 5.7 (commencing with Section 14187)
to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, relating to public health.   An act to amend
Section 1363.05 of the Civil Code, relating to common interest
developments. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 616, as amended, DeSaulnier.  Medi-Cal: grants:
prevention of chronic diseases.   Common interest
developments: open meetings.  
   Existing law provides for the creation of common interest
developments and requires that a common interest development be
managed by an association that may or may not be incorporated.
Existing law prescribes requirements for meetings of the board of
directors of the association that manages the development, and
requires notice of these meetings to be given to the members of the
association at least 4 days prior to the meeting, except as
specified. Existing law requires that notice for a common interest
development association meeting that will be held solely in executive
session be given to members of the association at least 2 days prior
to the meeting, except as specified.  
    Existing law prohibits the board from conducting a meeting via a
series of electronic transmissions, such as electronic mail, except
to conduct an emergency meeting. Existing law authorizes the use of
electronic transmissions to conduct an emergency meeting if all
members of the board consent in writing to that action, as specified.
 
   This bill would make clarifying changes to these provisions. 

   Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons. The
Medi-Cal program is, in part, governed and funded by federal Medicaid
provisions.  
   Under federal law, the Patient Protection and Affordable Care Act,
the Centers for Medicare and Medicaid Services will award grants
pursuant to the Medicaid Incentives for Prevention of Chronic
Diseases Program to selected states for a program that provides
financial and nonfinancial incentives to Medicaid beneficiaries who
participate in prevention programs and demonstrate changes in health
risk and outcomes.  
   This bill would require the department to pursue this grant. This
bill would also require, if California is awarded a grant, the
department to design, implement, and report on the program, as
prescribed. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 1363.05 of the   Civil
Code   is amended to read: 
   1363.05.  (a) This section shall be known and may be cited as the
Common Interest Development Open Meeting Act.
   (b) Any member of the association may attend meetings of the board
of directors of the association, except when the board adjourns to,
or meets solely in, executive session to consider litigation, matters
relating to the formation of contracts with third parties, member
discipline, personnel matters, or to meet with a member, upon the
member's request, regarding the member's payment of assessments, as
specified in Section 1367 or 1367.1. The board of directors of the
association shall meet in executive session, if requested by a member
who may be subject to a fine, penalty, or other form of discipline,
and the member shall be entitled to attend the executive session. As
specified in paragraph (2) of subdivision (k), a member of the
association shall be entitled to attend a teleconference meeting or
the portion of a teleconference meeting that is open to members, and
that meeting or portion of the meeting shall be audible to the
members in a location specified in the notice of the meeting.
   (c) Any matter discussed in executive session shall be generally
noted in the minutes of the immediately following meeting that is
open to the entire membership.
   (d) The minutes, minutes proposed for adoption that are marked to
indicate draft status, or a summary of the minutes, of any meeting of
the board of directors of an association, other than an executive
session, shall be available to members within 30 days of the meeting.
The minutes, proposed minutes, or summary minutes shall be
distributed to any member of the association upon request and upon
reimbursement of the association's costs for making that
distribution.
   (e) Members of the association shall be notified in writing at the
time that the pro forma budget required in Section 1365 is
distributed, or at the time of any general mailing to the entire
membership of the association, of their right to have copies of the
minutes of meetings of the board of directors, and how and where
those minutes may be obtained.
   (f) Unless the bylaws provide for a longer period of notice,
members shall be given notice of the time and place of a meeting as
defined in subdivision (k), except for an emergency meeting or a
meeting that will be held solely in executive session, at least four
days prior to the meeting. Except for an emergency meeting, members
shall be given notice of the time and place of a meeting that will be
held solely in executive session at least two days prior to the
meeting. Notice shall be given by posting the notice in a prominent
place or places within the common area and by mail to any owner who
had requested notification of board meetings by mail, at the address
requested by the owner. Notice may also be given by mail, by delivery
of the notice to each unit in the development, by newsletter or
similar means of communication, or, with the consent of the member,
by electronic means. The notice shall contain the agenda for the
meeting.
   (g) An emergency meeting of the board may be called by the
president of the association, or by any two members of the governing
body other than the president, if there are circumstances that could
not have been reasonably foreseen which require immediate attention
and possible action by the board, and which of necessity make it
impracticable to provide notice as required by this section.
   (h) The board of directors of the association shall permit any
member of the association to speak at any meeting of the association
or the board of directors, except for meetings of the board held in
executive session. A reasonable time limit for all members of the
association to speak to the board of directors or before a meeting of
the association shall be established by the board of directors.
   (i) (1)  Except as described in paragraphs (2) to (4), inclusive,
the board of directors of the association may not discuss or take
action on any item at a nonemergency meeting unless the item was
placed on the agenda included in the notice that was posted and
distributed pursuant to subdivision (f). This subdivision does not
prohibit a resident who is not a member of the board from speaking on
issues not on the agenda.
   (2) Notwithstanding paragraph (1), a member of the board of
directors, a managing agent or other agent of the board of directors,
or a member of the staff of the board of directors, may do any of
the following:
   (A) Briefly respond to statements made or questions posed by a
person speaking at a meeting as described in subdivision (h).
   (B) Ask a question for clarification, make a brief announcement,
or make a brief report on his or her own activities, whether in
response to questions posed by a member of the association or based
upon his or her own initiative.
   (3) Notwithstanding paragraph (1), the board of directors or a
member of the board of directors, subject to rules or procedures of
the board of directors, may do any of the following:
   (A) Provide a reference to, or provide other resources for factual
information to, its managing agent or other agents or staff.
   (B) Request its managing agent or other agents or staff to report
back to the board of directors at a subsequent meeting concerning any
matter, or take action to direct its managing agent or other agents
or staff to place a matter of business on a future agenda.
   (C) Direct its managing agent or other agents or staff to perform
administrative tasks that are necessary to carry out this
subdivision.
   (4) (A) Notwithstanding paragraph (1), the board of directors may
take action on any item of business not appearing on the agenda
posted and distributed pursuant to subdivision (f) under any of the
following conditions:
   (i) Upon a determination made by a majority of the board of
directors present at the meeting that an emergency situation exists.
An emergency situation exists if there are circumstances that could
not have been reasonably foreseen by the board, that require
immediate attention and possible action by the board, and that, of
necessity, make it impracticable to provide notice.
   (ii) Upon a determination made by the board by a vote of
two-thirds of the members present at the meeting, or, if less than
two-thirds of total membership of the board is present at the
meeting, by a unanimous vote of the members present, that there is a
need to take immediate action and that the need for action came to
the attention of the board after the agenda was posted and
distributed pursuant to subdivision (f).
   (iii) The item appeared on an agenda that was posted and
distributed pursuant to subdivision (f) for a prior meeting of the
board of directors that occurred not more than 30 calendar days
before the date that action is taken on the item and, at the prior
meeting, action on the item was continued to the meeting at which the
action is taken.
   (B) Before discussing any item pursuant to this paragraph, the
board of directors shall openly identify the item to the members in
attendance at the meeting.
   (j) (1) The board of directors shall not take action on any item
of business outside of a meeting.
   (2) (A) Notwithstanding Section 7211 of the Corporations Code, the
board of directors shall not conduct a meeting via a series of
electronic transmissions, including, but not limited to, electronic
mail, except as specified in subparagraph (B).
   (B) Electronic transmissions may be used as a method of conducting
an emergency meeting if all members of the board, individually or
collectively, consent in writing to that action, and if the written
consent or consents are filed with the minutes of the meeting of the
board.  Written consent to conduct an emergency meeting
  These written consents  may be transmitted
electronically.
   (k) As used in this section:
   (1) "Item of business" means any action within the authority of
the board, except those actions that the board has validly delegated
to any other person or persons, managing agent, officer of the
association, or committee of the board comprising less than a
majority of the directors.
   (2) "Meeting" means either of the following:
   (A) A congregation of a majority of the members of the board at
the same time and place to hear, discuss, or deliberate upon any item
of business that is within the authority of the board.
   (B) A teleconference in which a majority of the members of the
board, in different locations, are connected by electronic means,
through audio or video or both. A teleconference meeting shall be
conducted in a manner that protects the rights of members of the
association and otherwise complies with the requirements of this
title. Except for a meeting that will be held solely in executive
session, the notice of the teleconference meeting shall identify at
least one physical location so that members of the association may
attend and at least one member of the board of directors shall be
present at that location. Participation by board members in a
teleconference meeting constitutes presence at that meeting as long
as all board members participating in the meeting are able to hear
one another and members of the association speaking on matters before
the board. 
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) The President of the United States signed comprehensive health
reform into law on March 23, 2010. The federal Patient Protection
and Affordable Care Act (Public Law 111-148) and the federal Health
Care and Education Reconciliation Act of 2010 (Public Law 111-152)
represent a significant reform of the nation's health delivery
system, including many provisions designed to promote prevention,
wellness, and patient-centered health outcomes.
   (b) Federal health reform has several provisions that focus on
prevention and health promotion, including community-based obesity
prevention programs, community transformation grants, nutrition
labeling, individualized wellness plan pilots, and workplace wellness
programs.
   (c) Under the federal Patient Protection and Affordable Care Act
(Public Law 111-148), states may apply to the federal Centers for
Medicare and Medicaid Services (CMS) for grants to fund programs that
demonstrate changes in health risk and outcomes, including, but not
limited to, the adoption of healthy behaviors.
   (d) CMS has announced an invitation for proposals from states to
compete for grant awards under the Medicaid Incentives for Prevention
of Chronic Diseases Program for a program that provides financial
and nonfinancial incentives to Medicaid beneficiaries who participate
in prevention programs and demonstrate changes in health risk and
outcomes. The purpose of the Medicaid Incentives for Prevention of
Chronic Diseases Program is to test and evaluate the effect of state
grant awarded programs on the use of health care services by Medicaid
beneficiaries participating in the program, the extent to which
populations, including, but not limited to, adults with disabilities,
adults with chronic illnesses, and children with special health care
needs, are able to participate in the program, the level of
satisfaction of Medicaid beneficiaries with respect to the
accessibility and quality of health care services provided through
the program, and the administrative costs incurred by state agencies
responsible for the administration of the program.
   (e) California has a strong history of public health prevention
programs, including, but not limited to, one of the nation's leading
tobacco control programs. Since 1989, there has been a 35 percent
decrease in smoking prevalence, a 61 percent decline in per capita
cigarette consumption, and a decrease in lung cancer incidence that
is over three times the rate of decline seen in the rest of the
nation. Collectively, the program's efforts have saved the state $86
billion in direct health care costs.
   (f) Unfortunately, California's priority populations remain at
greater risk of tobacco use, disease, and death. African American
males continue to have the highest smoking prevalence, 21.3 percent,
compared to their counterparts in all other major race and ethnicity
groups who smoke at a range between 14.9 percent and 17.2 percent,
inclusive. African American and non-Hispanic white females also have
significantly higher smoking prevalence rates, of 17.3 percent and
12.5 percent respectively, compared to Hispanic and Asian and Pacific
Islander females whose smoking prevalence rates are 7.1 percent and
5.5 percent, respectively. However, the most startling evidence of
disparity lies with smoking prevalence among low-income populations.
   (g) Rising health care costs are recognized as an unsustainable
growing component of the state budget. A National Health Policy Forum
paper reported that, "unless the need for health care is reduced by
significantly improving the health of the American people, it will be
difficult if not impossible to bring health care costs under
control." Further, it has been noted that offering interventions that
address the behavioral or social circumstances that influence
participation in preventive health services may contribute to
improving health and decreasing growth in health care expenditures.
   (h) California will be a national model for public health
interventions and prevention and wellness programs. Communities and
individuals must be empowered to make changes that best address their
circumstances and resource needs.  
  SEC. 2.    Article 5.7 (commencing with Section
14187) is added to Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, to read:

      Article 5.7.  Incentives for Prevention of Chronic Diseases
Program


   14187.  (a) The State Department of Health Care Services shall
pursue a Medicaid Incentives for Prevention of Chronic Diseases
Program grant, as established pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), to offer
incentives to Medi-Cal enrollees who adopt healthy behaviors and
habits.
   (b) The department shall submit a notice of intent to apply and a
complete grant application to the federal Centers for Medicare and
Medicaid Services (CMS). The application shall address at least one
of the following prevention goals:
   (1) Tobacco cessation.
   (2) Controlling or reducing weight.
   (3) Lowering cholesterol.
   (4) Lowering blood pressure.
   (5) Avoiding the onset of diabetes or improving the management of
the condition.
   (c) If California is awarded a Medicaid Incentives for Prevention
of Chronic Diseases Program grant, the department shall do all of the
following:
   (1) Apply annually for incremental funding.
   (2) Design and implement a program in accordance with the Medicaid
Incentives for Prevention of Chronic Diseases Program that operates
for at least three years to provide financial and nonfinancial
incentives to Medi-Cal beneficiaries of all ages who participate in
prevention programs and demonstrate changes in health risk and
outcomes, including, but not limited to, the adoption of healthy
behaviors. The program shall be designed and uniquely suited to
address the needs of Medi-Cal beneficiaries to help individuals
achieve one or more of the following:
   (A) The cessation of the use of tobacco products.
   (B) Control or reduction in weight.
   (C) Lower cholesterol.
   (D) Lower blood pressure.
   (E) The avoidance of the onset of diabetes, or in the case of a
diabetic, an improvement in the management of that condition.
   (3) Ensure that the program is comprehensive, evidence-based,
widely available, and easily accessible. The program shall use
relevant evidence-based research and resources, including, but not
limited to, the Guide to Community Preventive Services, the Guide to
Clinical Preventive Services, and the National Registry of
Evidence-Based Programs.
   (4) Engage in an outreach and education campaign to make Medi-Cal
beneficiaries and Medi-Cal participating providers aware of the
program.
   (5) Work collaboratively to develop the program, incorporate
stakeholders in the process, conduct a state-level evaluation, and
fulfill reporting requirements specified by CMS.
   (6) Develop and implement a system to do all of the following:
   (A) Track Medi-Cal beneficiary participation in the program and
validate changes in health risk and outcomes with clinical data,
including, but not limited to, the adoption and maintenance of health
behaviors by participating beneficiaries.
   (B) To the extent practicable, establish standards and health
status targets for Medi-Cal beneficiaries participating in the
program and measure the degree to which the standards and targets are
met.
   (C) Evaluate the effectiveness of the program and provide any
evaluations to the United States Secretary of Health and Human
Services and the relevant fiscal and policy committees of the
California Legislature.
   (D) Report to the United States Secretary of Health and Human
Services and the relevant fiscal and policy committees of the
California Legislature on processes that have been developed and
lessons learned from the program.
   (E) Report on preventive services as part of required reporting on
quality measures for Medicaid managed care programs.
   (d) The reporting requirements to the relevant fiscal and policy
committees of the California Legislature in subparagraph (C) or (D)
of paragraph (6) of subdivision (c) shall become inoperative on
January 1, 2016.
   (e) The department may enter into arrangements with providers
participating in Medi-Cal, community-based organizations, faith-based
organizations, public-private partnerships, Indian tribes, or
similar entities or organizations to carry out the program.
   (f) To the extent permitted by federal law, any incentives
provided to a Medi-Cal beneficiary participating in a program
described in this section shall not be taken into account for
purposes of determining the beneficiary's eligibility for, or amount
of, benefits under the Medicaid program or any program funded in
whole or in part with federal funds.