AB 1644, as amended, Medina. Medi-Cal: Drug Medi-Cal Program providers.
Existing law provides for the Drug Medi-Cal (DMC) Treatment Program, under which counties enter into contracts with the State Department of Health Care Services for providing various drug treatment services to Medi-Cal recipients, or the department directly contracts for those services if a county elects not to do so.begin insert Existing law requires the department to designate Medi-Cal providers as “limited,” “moderate,” or “high” categorical risk and to conduct criminal background checks on Medi-Cal providers that the department designates as “high” categorical riskend insertbegin insert.end insert
This bill wouldbegin delete require a county or the department, before contracting with a certified DMC provider, to obtain criminal background information to determine if the owner has been convicted of a crime involving fraud and to request subsequent arrest notification for those crimesend deletebegin insert
designate all DMC Treatment Program providers as “high” categorical risk and would make them subject to background checks, as providedend insertbegin insert. The bill would authorize the department, on and after January 1, 2018, to designate a DMC Treatment Program provider as “limited” or “moderate” categorical risk and, if it does so, would require the department to execute a declaration, to be posted on the department’s Internet Web site, that states the reason that a “high” categorical risk designation is no longer warranted. The bill would require the department to transmit a copy of the declaration to the Legislatureend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 14124.27 is added to the end insertbegin insertWelfare and
2Institutions Codeend insertbegin insert, to read:end insert
(a) Drug Medi-Cal Treatment Program providers
4shall be categorized as “high” categorical risk pursuant to Section
514043.38 and shall be subject to background checks pursuant to
6the provisions of that section.
7(b) On and after January 1, 2018, the department may designate
8a Drug Medi-Cal Treatment Program provider as “limited” or
9“moderate” categorical risk pursuant to Section 14043.38 and
10federal regulations. To designate a Drug Medi-Cal Treatment
11Program provider as “limited” or “moderate” the department
12shall execute a declaration, to be retained by the director and
13posted on the department’s Internet Web site, that states the reason
14that a “high” categorical risk designation is no longer warranted.
15The department shall transmit a copy
of this declaration to the
16Legislature.
Section 14124.27 is added to the Welfare and
18Institutions Code, to read:
(a) A county or the department, before contracting
20with a certified Drug Medi-Cal (DMC) provider, shall obtain state
21summary criminal history information from the Department of
22Justice for the DMC provider’s owner to determine if the owner
23has been convicted of any crime involving fraud.
24(b) The owner of the DMC provider shall submit fingerprint
25images and related information to the Department of Justice for
26purposes of obtaining information as to the existence and content
27of a record of state or
federal convictions, and state or federal
28arrests for which the Department of Justice establishes that the
P3 1person is free on bail or on his or her own recognizance pending
2trial or appeal. The Department of Justice shall review the available
3information and compile and disseminate a response to the county
4or the department, as appropriate, pursuant to Section 11105 of
5the Penal Code.
6(c) The county or department contracting with the DMC provider
7shall request subsequent arrest notification service from the
8Department of Justice, as provided under Section 11105.2 of the
9Penal Code, for the owner of the DMC provider for crimes
10involving fraud.
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