Amended in Assembly May 27, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 24, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2706

Introduced by Assembly Member Roger Hernández

February 21, 2014

An act to begin delete amend Section 49062 of, and to end delete add and repeal Section 49452.9 begin delete of, end delete begin insert of end insert the Education Code, relating to health care coverage.

LEGISLATIVE COUNSEL’S DIGEST

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 school, for purposes of the 2015-16, 2016-17, and 2017-18 school years, to add begin delete a form end delete begin insert an informational item end insert to its enrollment forms, or amend an existing enrollment form begin delete 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 end delete begin insert in order to provide end insert the parent or legal guardian information about health care coverage options and enrollment assistance. The bill would begin delete require a public school to share the contact information of the parent or legal guardian with specified individuals or entities, if consent is provided, would prohibit the school from disclosing the form or amendment and the information provided on the form or amendment for any other purpose, and would require the school to destroy the form immediately after sharing the contact information. end delete begin insert authorize a school, in order to fulfill this requirement, to either use a template developed by the Superintendent of Public Instruction, or to develop an informational item or amend an existing enrollment form to provide the information. end 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 begin delete authorize end delete begin insert require end insert the State Department of Education to develop a begin delete standardize end delete begin insert standardized end insert template for the factsheet and the begin delete enrollment form end delete begin insert informational item end insert 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 delete

SECTION 1.  

Section 49062 of the Education Code is amended
to read:

49062.  

School districts shall establish, maintain, and destroy
pupil records according to regulations adopted by the State Board
of Education. Pupil records shall include a pupil’s health record.
Such regulations shall establish state policy as to what items of
information shall be placed into pupil records and what information
is appropriate to be compiled by individual school officers or
employees under the exception to pupil records provided in
subdivision (b) of Section 49061. No pupil records shall be
destroyed except pursuant to such regulations or as provided in
subdivisions (b) and (c) of Section 49070 or subdivision (d) of
Section 49452.9.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 49452.9 is added to the Education Code,
to read:

49452.9.  

(a)  begin delete (1) end delete begin delete   end delete For purposes of the 2015-16, 2016-17, and
2017-18 school years, a public school, including a charter school,
shall add begin delete a separate form end delete begin insert an informational item end insert to its enrollment
forms, or amend an existing enrollment form begin delete to include a section,
that offers a parent or legal guardian of a pupil the option of being
connected to any of the following for the purpose of providing end delete begin insert in
order to provide end insert the parent or legal guardian information about
health care coverage options and enrollment begin delete assistance: end delete begin insert assistance. end insert

begin delete

(A) A Certified Enrollment Counselor who meets the applicable
requirements of Chapter 12 (commencing with Section 6408) of
Title 10 of the California Code of Regulations.

(B) School personnel who conduct health care coverage
enrollment.

(C) A local nonprofit organization qualified to assist with health
care coverage enrollment.

(2) If a school elects to amend an existing enrollment form for
purposes of this subdivision, the school shall not amend a form
that may be disclosed to a person who does not otherwise have
access to pupil records under Article 5 (commencing with Section
49073) of Chapter 6.5.

(b) The form or amendment shall be in no less than 10-point
font and shall contain a check box that states the following:

“Affordable health care coverage options may be available to
you and your child. Please check here if you would like a person
qualified to assist you with health care coverage enrollment to
contact you and provide information to you about affordable health
care coverage options and enrollment assistance. Your name and
contact information will only be shared for this purpose.”

(c) (1) The form or amendment shall request, but shall not
require, the contact information of the parent or legal guardian and
his or her consent to share that information with an individual or
entity listed in subdivision (a). This consent shall be signed and
dated by the parent or legal guardian.

(2) The form or amendment shall include a notice stating that
the information provided shall only be shared with specified
individuals or entities who assist with health care coverage
enrollment. This paragraph shall be deemed satisfied if the school
uses the template developed under subdivision (g).

(d) When a parent or legal guardian checks the box described
in subdivision (b) and provides the contact information and consent
described in subdivision (c), the school shall provide the contact
information supplied on the form or amendment directly to one of
the individuals or entities described in subdivision (a). If the school
elects to use a separate form to comply with this section, the school
shall destroy the form immediately after providing the contact
information under this subdivision.

(e) The form or amendment required under this section, and the
information provided thereon, shall be considered a pupil record
under Article 5 (commencing with Section 49073) of Chapter 6.5.
Notwithstanding any provision of law, including Article 5
(commencing with Section 49073), that form or amendment and
information shall not be disclosed to any person other than as
required by this section.

end delete begin insert

(b) To satisfy the requirements of subdivision (a), a school may
do either of the following:

end insert begin insert

(1) Use a template developed by the Superintendent of Public
Instruction pursuant to subdivision (d).

end insert begin insert

(2) Develop an informational item or amend an existing
enrollment form to provide information about health care coverage
options and enrollment assistance.

end insert begin delete

(f)

end delete

begin insert (c) end insert  A school may include a factsheet with begin delete the end delete its enrollment
forms explaining basic information about affordable health care
coverage options for children and families.

begin delete

(g)

end delete

begin insert (d) end insert  (1) The State Department of Education begin delete may end delete begin insert shall end insert develop
a standardized template for both of the following:

(A) The begin delete form end delete begin insert informational item end insert or amendment required by
subdivision (a). This template shall include a statement indicating
that the information disclosed shall only be shared with specified
entities or individuals who assist with health care coverage
enrollment and shall not be shared with any other entities or
individuals.

(B) The factsheet described in subdivision begin delete (f). end delete begin insert (c). end insert

(2) The department shall make any templates developed pursuant
to this subdivision available on its Internet Web site and shall,
upon request, provide written copies of the template to a school
district.

begin delete

(h)

end delete

begin insert (e) end insert  A school district shall not discriminate against a pupil who
does not have health care coverage or use any information relating
to a pupil’s health care coverage or interest in learning about health
care coverage in any manner that would bring harm to the pupil
or the pupil’s family.

begin delete

(i)

end delete

begin insert (f) end insert  A school district is not liable for any civil damages resulting
from any act or omission that may arise from the health care
coverage secured by a parent or legal guardian, or the lack thereof,
as a result of the connection to assistance provided by a school
within the district pursuant to this section.

begin delete

(j)

end delete

begin insert (g) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.