BILL NUMBER: SB 893 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 11, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Wolk
FEBRUARY 18, 2011
An act to add and repeal Chapter 3.6 (commencing with
Section 6280) of Division 7 of Title 1 of the Government Code,
relating to governmental efficiency. An act to add
Chapter 7 (commencing with Section 8300) to Division 8 of the Welfare
and Institutions Code, relating to governmental efficiency, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 893, as amended, Wolk. Governmental programs:
information sharing. Health and Human Services System
Improvement and Accountability Act of 2011.
Existing law establishes an inalienable right to privacy.
Existing law establishes the California Health and Human Services
Agency within state government, and the California Research
Bureau in the California state library which
oversees various health and human services programs, including
mental health, substance abuse treatment, rehabilitation,
developmental programs, public health, child support, programs for
the aging, health care, children's programs, and other programs
.
This bill, the Health and Human Services System Improvement and
Accountability Act of 2011, would require the agency to establish, by
December 1, 2013, the California Health and Human Services Review
System in order to periodically review the health and human services
programs administered by the state and local agencies, as specified.
The bill would require the agency convene a workgroup to design and
draft a work plan to implement the system. The bill would require the
agency to report specified information to the Legislature. The bill
would require the Secretary of California Health and Human Services
to establish an information sharing plan to enable the exchange of
information among state and local agencies to support the
implementation of the California Health and Human Services Review
System.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, the California Public Records Act, provides that
public records are open to inspection at all times during the office
hours of the state or local agency and establishes that every person
has a right to inspect any public record, except as provided in the
act.
This bill, until January 1, 2014, would provide the California
Research Bureau access to information maintained by state agencies,
including information that, in aggregate and detail form, is
otherwise deemed confidential, when access to that information is
required by the California Research Bureau for purposes of responding
to a research request, made in writing, from an elected state
officer or his or her duly recognized representative. The bill would,
among other things, authorize the California Research Bureau to use
information within its control in the preparation of its reports,
documents, and related materials, as specified. The bill would
require the Secretary Health and Human Services to establish an
information sharing plan for the state and, by January 30, 2013,
transmit the plan to the Legislature.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The State of California has struggled to deliver high-quality,
effective, and efficient services through its health and human
services programs.
(b) Despite incremental legislative efforts and laudable pilot
projects in a range of areas, publicly funded programs are not
systematically evaluated, performance and outcomes are not routinely
documented, and successful programs are not consistently replicated.
(c) Lack of information on performance, the cost-effectiveness of
programs, best practices, and evidence-based approaches undermines
opportunities to improve programs, enhance prevention and early
intervention, and ensure the best use of limited resources.
(d) Barriers to information sharing prevent efforts to leverage
existing data to guide programmatic and fiscal decisions, recognize
opportunities to integrate services and improve outcomes, and
communicate information on performance to policymakers and the
public.
(e) Inadequate attention to accomplishments, challenges,
performance, and outcomes undermines statewide accountability and
limits public understanding of and support for California's health
and human services programs.
(f) The state has made notable progress in some areas, including
the development of an outcomes and accountability review system for
the child welfare system, the adoption of select health outcome
measures, and the identification of a limited number of performance
measures for specific mental health and substance abuse treatment
programs.
(g) Research indicates a relationship between inadequate access to
effective health and human services programs and increased public
sector costs for preventable hospitalizations, unemployment,
homelessness, and incarceration. Conversely, effective health and
human services programs, sufficiently focused on prevention, early
intervention, and effective practices, can reduce school failure,
improve employment opportunities, prevent suicide, and support the
ability of adults and families to achieve and sustain self-reliance,
and thus reduce public sector costs.
(h) Accordingly, in order to provide greater accountability for
health and human service outcomes, to encourage the statewide
leadership necessary to identify and replicate best practices, to
ensure that the unique and critical needs of children and families
are met, and to be consistent with the California's efforts with the
child welfare system, it is the intent of the Legislature to enact
the Health and Human Services System Improvement and Accountability
Act of 2011.
SEC. 2. Chapter 7 (commencing with Section 8300)
is added to Division 8 of the Welfare and Institutions Code
, to read:
CHAPTER 7. CALIFORNIA HEALTH AND HUMAN SERVICES REVIEW SYSTEM
8300. (a) This chapter shall be known, and may be cited, as the
Health and Human Services System Improvement and Accountability Act
of 2011.
(b) For purposes of this chapter, the following definitions apply:
(1) "Agency" means the California Health and Human Services
Agency.
(2) "Secretary" means the Secretary of California Health and Human
Services.
(3) "Workgroup" means the workgroup established pursuant to
Section 8302.
8301. (a) The agency shall establish, by December 1, 2013, the
California Health and Human Services Review System in order to
periodically review the health and human service programs
administered by the state and local agencies. These reviews shall
include, but not be limited to, mental health, substance abuse
treatment, rehabilitation, developmental programs, public health,
child support, programs for the aging, health care, children's
programs, and other programs established under state law or funded by
the state that are under the jurisdiction of the agency, including,
but not limited to, programs that are provided by, or substantially
provided by, local agencies, including cities, counties, cities and
counties, joint powers agencies, regional agencies, or nonprofit
entities under contract with local agencies.
(b) Health and human service reviews shall maximize compliance
with federal regulations for the receipt of money from federal
sources and shall ensure compliance with state plan requirements
where established in response to state and federal law.
(c) Reviews shall recognize and be coordinated with federal
requirements for reviews, performance improvement plans, and outcome
and performance reporting to reduce the duplication of reporting
requirements and improve coordination with federal agencies working
to improve the performance of public programs, including, but not
limited to, reporting requirements linked to the federal Accountable
Government Initiative and the Government Performance and Results Act
Modernization Act of 2010.
(d) In keeping with the intent of this chapter, reviews shall
recognize existing review and performance accountability policies and
practices and, to the extent feasible and practical as determined by
the agency, shall be coordinated with and consistent with those
policies and practices.
(e) In designing the system, the agency shall emphasize the
collection and reporting of information that provides meaningful
information to the public on investments in health and human services
programs, outputs delivered through health and human service
programs, and outcomes achieved through those programs.
8302. (a) By June 1, 2012, the agency shall convene a workgroup
that shall design and draft a work plan to implement the system, as
authorized by this chapter.
(b) The membership for the workgroup shall include the following:
(1) Representatives of the departments under the jurisdiction of
the agency, as determined by the secretary.
(2) Representatives of other entities within state government,
including, but not limited to, the Judicial Council, the Mental
Health Services Oversight and Accountability Commission, the State
Department of Education, the Department of Justice, the Little Hoover
Commission, the First 5 California Commission, the State Council on
Developmental Disabilities, the California Commission on Aging, the
State Independent Living Council, and other entities as determined by
the secretary.
(3) Representatives of cities, counties, city and counties,
regional entities, schools, special districts, or other local
agencies that deliver services or administer programs under the
authority of departments under the jurisdiction of the agency,
including, but not limited to, the California State Association of
Counties, the County Mental Health Directors Association, the County
Welfare Directors Association of California, the Chief Probation
Officers of California, and other entities as determined by the
secretary.
(4) Representatives of one or more tribal entities that directly
provide health and human services to California's tribal population,
including organizations that are formally sanctioned by California
tribes, and ensuring representation from entities that provide
services to tribal communities in predominantly rural areas and
entities that provide services to tribal communities in predominantly
urban areas.
(5) Representatives of organizations that provide advocacy on
behalf of children, youth, adults, older adults, and their families.
(6) Representatives of organizations or experts working to address
racial and ethnic disparities in access to health and human services
or the outcomes achieved through those programs.
(7) Researchers and other experts in areas associated with public
sector accountability, including experts in the areas of data,
indicators, performance measures, results-based accountability,
outcome reporting, and community indicators.
(c) The secretary shall determine how best to organize the
workgroup, including establishing subgroups, where appropriate, to
meet the goals of this chapter.
(d) At a minimum, in establishing the work plan, the workgroup
shall consider the outcomes to be monitored; performance measures and
indicators to be used; minimum thresholds for each indicator or
measure; strategies to report disparities by geographic and
demographic indicators; timelines for implementation; the process for
implementation among affected local agencies; the role of
peer-to-peer technical assistance and support; review cycles; the
uniform processes, procedures, and review instruments to be used; the
role of public reporting; planning for performance improvement and
any funding or staffing increases; and statutory changes needed to
implement the requirements of this chapter. The agency shall broadly
consider collaboration with relevant entities to allow the adequate
exchange of information and coordination of efforts to improve health
and human services outcomes for Californians.
(e) The outcomes established by the workgroup, as referenced in
subdivision (d) shall include, but not be limited to, measures of
employment, education, housing and homelessness, health, safety, and
criminal justice involvement, and related information that is useful
for communicating to the public and policymakers the quality,
effectiveness, and value of health and human services.
8303. The agency shall report on it's progress in implementing
the California Health and Human Services Review System, including,
but not limited to, the timelines for implementation, the process to
be used, and funding or staffing increases needed at the state or
local level to implement the requirements of this chapter, to the
budget and appropriate policy committees of the Legislature annually
for three fiscal years, beginning with the 2013-14 fiscal year and
ending with the 2016-17 fiscal year.
8304. (a) Consistent with the intent of this chapter, the agency
shall establish mechanisms to identify and promote the replication of
best practices in the delivery of health and human services under
the jurisdiction of the agency. Those mechanisms shall include all of
the following:
(1) Identification of goals and objectives of efforts to promote
best practices, including the major functions of the agency,
departments, local agencies, and other entities involved in
identifying and promoting the use of best practices in the
administration and delivery of health and human services programs.
(2) A management strategy that supports the ability of the agency,
and the departments that make up the agency, to identify and promote
the use of best practices, including strategic planning;
identification of operational processes and procedures; and the role
of technology, information, evaluations, data sharing, and other
resources and strategies necessary to achieve the goals and
objectives established pursuant to paragraph (1).
(3) A fiscal strategy, including budget proposals, to staff and
support the ability of the agency and the departments that make up
the agency to evaluate existing practices, document best practices in
use around the state and elsewhere, and provide technical
assistance, outreach, education, and support to promote the
replication of best practices and achieve the goals and objectives
established pursuant to paragraph (1).
(4) A staffing plan to ensure that the agency and the departments
that make up the agency have sufficient staff, with the necessary
skill sets, knowledge, and training to achieve the goals and
objectives established pursuant to paragraph (1).
(5) Identification of those factors external to the agency and the
departments that make up the agency that are beyond their control
that could significantly affect the achievement of the goals and
objectives established pursuant to paragraph (1), and proposals to
reduce or mitigate those factors where appropriate.
(b) The agency shall report to the budget and appropriate
legislative policy committees of the Legislature annually for three
fiscal years, beginning with the 2013-14 fiscal year and ending with
the 2016-17 fiscal year, on the agency's progress in identifying and
promoting the replication of best practices in the delivery of health
and human services under the jurisdiction of the agency, including
information on investments made to achieve these goals, the
accomplishments to date, and barriers to making additional progress.
8305. (a) To support the implementation of the California Health
and Human Services Review System and the identification and
replication of best practices, as specified under this chapter, the
secretary shall establish an information sharing plan that
accomplishes all of the following:
(1) Enables the exchange of information among state agencies,
among local agencies, and between state and local agencies as
necessary for tracking costs, conducting research on best practices,
and improving the efficiency and effectiveness of public services,
including prioritizing access to prevention and early intervention
services.
(2) Provides state and local agencies and the public with
information on the costs and effectiveness of publicly supported
health and human services programs in California.
(3) Permits the Legislature and the public to monitor the outcomes
accomplished for the individuals receiving services, including
disparities by geography and demographic factors, as established
pursuant to this chapter.
(4) Establishes a memorandum of understanding, or one or more
related mechanisms, that permit the sharing of information between
the agency, and the departments that make up the agency, and the
California Research Bureau that enable the bureau to conduct research
on data held by the agency or the departments that make up the
agency, including data otherwise deemed confidential, without
reducing the privacy protections in place to protect personal and
confidential information.
(b) To develop the information sharing plan, the secretary shall
consult with state and local officials, clients and consumers who
receive government services, service providers, researchers, privacy
experts, the public, and others, as determined by the secretary.
(c) By January 30, 2013, the agency shall transmit the information
sharing plan to the Legislature, including any recommendations for
statutory, regulatory, or other reforms that are needed to achieve
the goals of that plan.
(d) The information sharing plan shall include provisions to
protect the privacy of individuals.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
The state is facing historic fiscal challenges that undermine the
safety net system on which many Californians rely to meet their basic
health and safety needs. The state must put in place a system for
determining which programs are effective, and for promoting the use
of evidence-based practices to ensure that California is making the
best use of available resources. In order to preserve the programs
that are most effective in providing needed services, it is necessary
that this bill take effect immediately.
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) It is the intent of the Legislature to improve access to
information that can inform the work of state officials in the
pursuit of their duties in crafting legislation, allocating
resources, and performing oversight responsibilities.
(b) Information described in subdivision (a) includes information
on the quality, effectiveness, and costs of public programs,
information on how well individuals are served by those programs, the
efficacy of programs, including programs that provide prevention and
early intervention services, and the outcomes achieved for
individuals and communities.
(c) It is the intent of the Legislature to promote accountability
and transparency in the operations of state government by improving
access to information on the outcomes achieved through those
operations.
(d) Improved access to information maintained by state agencies is
necessary to perform the oversight role of the Legislature and other
state elected officials.
(e) It is the intent of the Legislature to improve access to
information while preserving the confidentiality or anonymity of
sensitive and private information.
(f) It is in the public interest to maintain private that
information that is deemed confidential, including information on
individuals, information that could be used to determine the identity
of individuals, and information of a confidential nature, including
health and related information, and information on public employees
or others who work in sensitive areas or where the release of
personal or related information could result in a risk of harm.
(g) In order to facilitate improved outcomes, through the
efficient and effective delivery of services through state programs,
it is the intent of the Legislature that the Governor, the Speaker of
the Assembly, and the President pro Tempore of the Senate together
establish a performance unit in state government responsible for
improving the quality of state operations and programs.
SEC. 2. Chapter 3.6 (commencing with Section
6280) is added to Division 7 of Title 1 of the Government Code, to
read:
CHAPTER 3.6. INFORMATION SHARING WITH THE CALIFORNIA RESEARCH
BUREAU
6280. (a) For the purposes of meeting the information needs of
the Governor, the Legislature, and the state's other constitutional
officers, notwithstanding any other provision of law and to the
extent permitted by federal law, the California Research Bureau shall
have access to information maintained by state agencies, including
information that, in aggregate and detail form, is otherwise deemed
confidential, when access to that information is required by the
California Research Bureau for purposes of responding to a research
request, made in writing, from an elected state officer or his or her
duly recognized representative.
(b) Information that is provided to the bureau shall retain all of
its protections under the law from disclosure, as if it were not
transmitted to the bureau.
(c) Prior to receiving information that is recognized under state
or federal statute as confidential or sensitive in nature, the bureau
shall adopt protocols to protect that information from disclosure
that shall be consistent with the protocols in place at the agency
department, or other state entity that is transmitting the
information. These protocols may address how the bureau accesses the
data within the confines of the agency, department, or other state
entity where the data reside, as determined by the bureau.
(d) For purposes of fulfilling its mission to respond to the
information needs of the Governor, the Legislature, and California's
other constitutional officers, the bureau may use information within
its control in the preparation of its reports, documents, and related
materials. The bureau shall not release information on individuals
that is deemed confidential, but may release information in aggregate
forms where personally identifiable is removed, thus eliminating the
risk that the information can be linked to individuals.
(e) The bureau shall take all necessary precautions to ensure that
its access to information does not reveal information that is
intended to remain private or confidential under the law.
(f) Nothing in this chapter shall be construed to create public
access to information that is not already accessible through other
legal avenues. All legal protections against the release of private
and confidential information shall remain in place pursuant to this
section except as explicitly authorized herein.
6281. (a) To improve data sharing among state agencies and to
facilitate information sharing among local agencies, the Secretary of
the California Health and Human Services shall establish an
information sharing plan for the state that accomplishes all of the
following:
(1) Enables the exchange of information among state agencies,
local agencies, and between state and local agencies as is necessary
for tracking costs, conducting research on best practices, and
improving the efficiency and effectiveness of public services,
including prioritizing access to prevention and early intervention
services.
(2) Provides state and local agencies and the public with
information on the effectiveness of public services.
(3) Permits the Legislature and the public to monitor the outcomes
accomplished for the individuals receiving services through public
programs under the jurisdiction of the state or local agency. Those
outcomes shall include, but are not limited to, measures of
employment, education, housing and homelessness, health, safety, and
criminal justice involvement or related information that is useful
for communicating to the public and policymakers the quality,
effectiveness, and value of those public services.
(b) To draft the information sharing plan, the secretary shall
consult with state and local officials, clients and consumers who
receive government services, service providers, the public, and
others.
(c) By January 30, 2013, the California Health and Human Services
Agency shall transmit the information sharing plan to the
Legislature, including any recommendations for statutory, regulatory,
or other reforms that are needed to achieve the goals of that plan.
(d) The information sharing plan shall include provisions to
protect the privacy of individuals.
6282. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.