AB 2706, as amended, Roger Hernández. Schools: health care coverage: enrollment assistance.
Existing law requires the governing board of a school district to make rules for the physical examination of pupils that will ensure proper care of the pupils and proper secrecy with regard to any defect noted. Existing law requires a pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, to present proof, no later than May 31 of the school year, of having received an oral health assessment by a licensed dentist or other licensed or registered dental health professional operating within his or her scope of practice that was performed no earlier than 12 months prior to the date of the initial enrollment of the pupil. Existing law prohibits a school district from permitting access to pupil records, other than directory information, to any person without parental consent or without a judicial order, except to specified persons under certain circumstances, including to a pupil 16 years of age or older or who has completed grade 10.
Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires an applicable individual to ensure that he or she, and any dependent of that individual, is covered under minimum essential coverage for each month beginning after 2013.
This bill would require a public schoolbegin insert, for purposes of the 2015-16, 2016-17, and 2017-18 school years,end insert to add a form to its enrollment forms, or amend an existing enrollment form to include a section, that offers a parent or legal guardian of a pupil the option of being connected to specified individuals or entities for the purpose of providing the parent or legal guardian information about
health care coverage options and enrollment assistance. The bill would require a public school to share the contact information of the parent or legal guardian with specified individuals or entities, if consent is provided,begin delete andend delete would prohibit the school from disclosing thebegin insert form or amendment and theend insert information provided on the form or amendment for any other purposebegin insert, and would require the school to destroy the form immediately after sharing the contact informationend insert. The bill would authorize a school to also include a factsheet with its enrollment forms explaining basic information about affordable health care coverage options for children and families. The bill would authorize the State Department of Education to
develop a standardize template for the factsheet and the enrollment form or amendment and would require the department to make those templates available on its Internet Web site and provide written copies to a school district upon request.
By requiring schools to perform additional duties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 49062 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
School districts shall establish, maintain, and destroy
2pupil records according to regulations adopted by the State Board
3of Education. Pupil records shall include a pupil’s health record.
4Such regulations shall establish state policy as to what items of
5information shall be placed into pupil records and what information
6is appropriate to be compiled by individual school officers or
7employees under the exception to pupil records provided in
8subdivision (b) of Section 49061. No pupil records shall be
9destroyed except pursuant to such regulations or as provided in
10subdivisions (b) and (c) of Section 49070begin insert or subdivision (d) of
11Section 49452.9end insert.
Section 49452.9 is added to the Education Code, to
14read:
(a) Commencing with the 2015-16 school year,
end delete
16begin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertFor purposes of the 2015-16, 2016-17, and 2017-18
17school years,end insert a public school, including a charter school, shall add
18abegin insert separateend insert form to its enrollment forms, or amend an existing
19enrollment form to include a section, that offers a parent
or legal
20guardian of a pupil the option of being connected to any of the
21following for the purpose of providing the parent or legal guardian
22information about health care coverage options and enrollment
23assistance:
24(1)
end delete
25begin insert(A)end insert A Certified Enrollment Counselor who meets the applicable
26requirements of Chapter 12 (commencing with Section 6408) of
27Title 10 of the California Code of Regulations.
28(2)
end delete
29begin insert(B)end insert School personnel who conduct health care coverage
30enrollment.
31(3)
end delete
32begin insert(C)end insert A local nonprofit organization qualified to assist with health
33care coverage enrollment.
34(2) If a school elects to amend an existing enrollment form for
35purposes of this subdivision, the school shall not amend a form
36that may be disclosed to a person who does not otherwise have
37access to pupil records under Article 5 (commencing with Section
3849073) of Chapter 6.5.
39(b) The form or amendment shall be in no less than 10-point
40font and shall contain a check box that states the following:
P4 2“Affordable health care coverage options may be available to
3you and your child. Please check here if you would like a person
4qualified to assist you with health care coverage enrollment to
5contact you and provide information to you about affordable health
6care coverage options and enrollment assistance. Your name and
7contact information will only be shared for this purpose.”
9(c) (1) The form or amendment shall requestbegin insert, but shall not
10require,end insert the contact information of the parent or legal guardian
11and his or her consent to share that information with an
individual
12or entity listed in subdivision (a). This consent shall be signed and
13dated by the parent or legal guardian.
14(2) The form or amendment shall include a notice stating that
15the information provided shall only be shared with specified
16individuals or entities who assist with health care coverage
17enrollment. This paragraph shall be deemed satisfied if the school
18uses the template developed under subdivision (g).
19(d) When a parent or legal guardian checks the box described
20in subdivision (b) and provides the contact information and consent
21described in subdivision (c), the school shall provide the contact
22information supplied on the form or amendment directly to one of
23the individuals or entities described in subdivision (a).begin insert
If the school
24elects to use a separate form to comply with this section, the school
25shall destroy the form immediately after providing the contact
26information under this subdivision.end insert
27(e) Thebegin delete information provided on theend delete form or amendment
28required under this sectionbegin insert, and the information provided thereon,end insert
29 shall be considered a pupil record under Article 5 (commencing
30with Section 49073) of Chapter 6.5. Notwithstanding any provision
31of law, including Article 5 (commencing with Section 49073), that
32begin insert
form or amendment andend insert information shall not be disclosed to any
33person other than as required by this section.
34(f) A school may include a factsheet with the its enrollment
35forms explaining basic information about affordable health care
36coverage options for children and families.
37(g) (1) The State Department of Education may develop a
38standardized template for both of the following:
39(A) The form or amendment required by subdivision (a). This
40template shall include a statement indicating that the information
P5 1disclosed shall only be shared with specified entities or individuals
2who assist with health care coverage enrollment and shall not be
3shared with any other entities or individuals.
4(B) The factsheet described in subdivision (f).
5(2) The department shall make any templates developed pursuant
6to this subdivision available on its Internet Web site and shall,
7upon request, provide written copies of the template to a school
8district.
9(h) A school district shall not discriminate against a pupil who
10does not have health care coverage or use any information relating
11to a pupil’s health care coverage or interest in learning about health
12care coverage in any manner that would bring harm to the pupil
13or the pupil’s family.
14(i) A school district is not liable for any civil damages resulting
15from any act or omission that may arise from the health care
16coverage secured by a parent or legal guardian, or the lack thereof,
17as a result of
the connection to assistance provided by a school
18within the district pursuant to this section.
19(j) This section shall remain in effect only until January 1, 2019,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2019, deletes or extends that date.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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