Amended in Senate April 7, 2014

Senate BillNo. 1224


Introduced by Senator Correa

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(Coauthor: Assembly Member Mansoor)

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February 20, 2014


An act tobegin delete amend Section 14132.100 of the Welfare and Institutions Codeend deletebegin insert add Section 12012.62 to the Government Codeend insert, relating tobegin delete Medi-Calend deletebegin insert tribal gaming, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 1224, as amended, Correa. begin deleteFederally qualified health centers and rural health centers. end deletebegin insertTribal gaming: compact ratification.end insert

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Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within the state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.

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The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.

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This bill would ratify the tribal-state gaming compact entered into between the State of California and the Karuk Tribe, executed on December 4, 2013. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Existing law provides that federally qualified health center (FQHC) services and rural health clinic (RHC) services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. “Visit” is defined as a face-to-face encounter between a patient of an FQHC or RHC and specified health care professionals. Existing law allows an FQHC or RHC to apply for an adjustment to its per-visit rate based on a change in the scope of services it provides.

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This bill would provide that a maximum of 2 visits, as defined, taking place on the same day at a single location shall be reimbursed when after the first visit the patient suffers illness or injury requiring additional diagnosis or treatment or the patient has a medical visit, as defined, and another health visit, as defined. The bill would require an FQHC or RHC that currently includes the cost of encounters with more than one health professional that take place on the same day at a single location as constituting a single visit for purposes of establishing its FQHC or RHC rate to, by July 1, 2015, apply for an adjustment to its per-visit rate.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 12012.62 is added to the end insertbegin insertGovernment
2Code
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begin insert, to read:end insert

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3

begin insert12012.62.end insert  

(a) The tribal-state gaming compact entered into
4in accordance with the federal Indian Gaming Regulatory Act of
51988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
62701 et seq.) between the State of California and the Karuk Tribe,
7executed on December 4, 2013, is hereby ratified.

8(b) (1) In deference to tribal sovereignty, none of the following
9shall be deemed a project for purposes of the California
P3    1Environmental Quality Act (Division 13 (commencing with Section
221000) of the Public Resources Code):

3(A) The execution of an amendment to the tribal-state gaming
4compact ratified by this section.

5(B) The execution of the tribal-state gaming compact ratified
6by this section.

7(C) The execution of an intergovernmental agreement between
8a tribe and a county or city government negotiated pursuant to
9the express authority of, or as expressly referenced in, the
10tribal-state gaming compact ratified by this section.

11(D) The execution of an intergovernmental agreement between
12a tribe and the Department of Transportation negotiated pursuant
13to the express authority of, or as expressly referenced in, the
14tribal-state gaming compact ratified by this section.

15(E) The on-reservation impacts of compliance with the terms
16of the tribal-state gaming compact ratified by this section.

17(F) The sale of compact assets, as defined in subdivision (a) of
18 Section 63048.6, or the creation of the special purpose trust
19established pursuant to Section 63048.65.

20(2) Except as expressly provided herein, this subdivision does
21not exempt a city, county, or city and county, or the Department
22of Transportation, from the requirements of the California
23Environmental Quality Act.

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begin insertSEC. 2.end insert  

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This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
26the meaning of Article IV of the Constitution and shall go into
27immediate effect. The facts constituting the necessity are:

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28In order to enhance, at the earliest possible time, the economic
29development, long-term stability, and self-sufficiency of the Karuk
30Tribe and to protect the interests of the tribe and its members, the
31surrounding community, and the California public, it is necessary
32for this act to take effect immediately.

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All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 20, 2014. (JR11)



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