Existing law establishes a workers' compensation system, which provides for comprehensive medical-legal evaluations to assist in the resolution of contested claims. Under existing law, fees for medical-legal evaluations are charged at a rate not to exceed a physician's regular fee, or the fee schedule set by the Administrative Director of the Division of Workers' Compensation, whichever is lower. Existing law requires that the schedule set fees for procedures according to relative values and a conversion factor, allowing for modifiers, as specified. Existing law requires the medical-legal fee schedule to be revised at the same time the fee schedule for medical treatment is revised. This bill would authorize the administrative director to adjust the fee schedule every 2 years based on an evaluation of certain medical practice costs, including increases in the conversion factor and the per-page cost of reviewing records, as specified. The bill would require the administrative director to update the fee schedule at the time they adopt and revise the reasonable maximum fees for, among other things, drugs and pharmacy services provided to an injured employee.
Existing law, the Sargent Shriver Civil Counsel Act, requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in courts selected by the Judicial Council. The act requires the Judicial Council to develop one or more programs to provide competitive grants to provide legal counsel to low-income persons who require legal services in civil matters involving specific types of civil matters, including, among others, housing-related matters, probate conservatorships, guardianships, and domestic violence and civil harassment restraining orders. Existing law requires the Judicial Council to consider various factors, including, among others, the unmet need for legal services in the geographic area to be served, in selecting and renewing participating programs. Existing law requires program applicants to, among other things, describe how the program would be administered and the means by which the program would serve the particular needs of the community, such as by providing representation to limited-English-speaking clients. This bill would require courts to provide the Judicial Council each month with information regarding unlawful detainer cases, as specified, aggregated by ZIP Code. The bill would require the Judicial Council to make that information publicly available online every 4 months.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the Director of Health Care Services to establish administrative appeal processes to review grievances or complaints arising from the findings of an audit or examination. Under existing law, if recovery of a disallowed payment has been made by the department, a provider who prevails in an appeal of that payment is entitled to interest at the rate equal to the monthly average received on investments in the Surplus Money Investment Fund, or simple interest at the rate of 7% per annum, whichever is higher. Under existing law, with exceptions, interest at that same rate is assessed against any unrecovered overpayment due to the department. In the case of an assessment against any unrecovered overpayment due to the department, this bill would require the department to waive the interest, as part of a repayment agreement entered into with the provider, if the latest date of service for a retroactive payment adjustment or audit period end date for the unrecovered overpayment occurred 4 or more years before the issuance of the first statement of account status or demand for repayment, and the department determines that certain factors apply. Under the bill, those factors would include, among others, the impact of the repayment amounts on the fiscal solvency of the provider, and whether the overpayment was caused by a policy change or departmental error that was not caused by the billing provider. The bill would preserve the rights of the department to seek all remedies available at law if a provider defaults on a repayment plan. This bill would authorize the department to implement, interpret, or make specific these provisions, in whole or in part, by means of information notices, all-county letters, or other similar instructions without taking regulatory action.
The California Coastal Act of 1976 requires oceanfront land suitable for recreational use to be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing and administering various programs intended to preserve, protect, and restore the state's coastal areas. Existing law establishes surfing as the official state sport. This bill would require, on or before July 1, 2026, the conservancy to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve, as defined. The bill would authorize a local government, as defined, to apply to the conservancy for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve. The bill would require the local government to include in its application, among other things, a description of the proposed surfing reserve. The bill would require the conservancy to approve the application if the area of the coastline meets the established criteria. The bill would require, once the application is approved, the conservancy to designate the area as a state surfing reserve. The bill would require the conservancy to, upon appropriation, publicize the state surfing reserve and partner with local governments to erect signs designating an approved surfing reserve, and would authorize the conservancy to accept donations for these purposes. The bill would authorize the conservancy to revoke the designation if the surfing reserve no longer meets the established criteria. The bill would require the conservancy to transmit notice of the approval of a designated surfing reserve to the Ocean Protection Council for consideration and inclusion in the state's 30x30 goal.
Existing law authorizes the sheriff to remove a prisoner to any California state prison for safekeeping when there are reasonable grounds to believe that the prisoner may be forcibly removed from a county jail, as specified. Existing law also authorizes a judge of the superior court to, on the request of the county sheriff and with the consent of the Secretary of the Department of Corrections and Rehabilitation, designate by written order the nearest state prison or correctional facility which would be able to secure confinement of a prisoner, subject to space available, when there are reasonable grounds to believe that the prisoner in a county jail is likely to be a threat to other persons in the facility or is likely to cause substantial damage to the facility. This bill would authorize a person currently committed to a state prison and who is alleged to have committed a new offense, to petition the court, after consultation with counsel, to allow any pretrial confinement pending disposition of charges for the new offense that would otherwise be served in the county jail to be served at the state prison at which the prisoner is currently confined, unless the person is otherwise eligible for and obtains pretrial release.
Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service. This bill would require that the salaries of state attorneys and administrative law judges in State Bargaining Unit 2 be no less than the average salaries of public sector attorneys, as specified. The bill would require the Department of Human Resources to annually conduct a survey of salary structures by March 1 of each year, as specified, and determine the average salary of public sector attorneys for each attorney classification, including the minimum salaries for entry-level attorneys, intermediate classifications, and the most senior nonmanagerial attorneys, noninclusive of negotiated differentials. The bill would require that state administrative law judges have salaries not less than the maximum salary of state attorneys classified at a specified level. The bill would require the department to make a good faith offer of parity in salary with respect to public sector agency attorneys' and administrative law judges' salaries in any negotiations with the exclusive bargaining representative. The bill would provide that no state attorney or administrative law judge classification shall be reduced in salary as a result of these provisions. This bill would state that its provisions supersede any memorandum of understanding and shall become effective with respect to salary increases on March 1 of each year. It would provide that its implementation, except for the annual survey, is contingent upon the appropriation of funds in the annual Budget Act and that implementation shall be phased in over 3 fiscal years commencing on July 1, 2026. The bill would also provide that the superior court has exclusive jurisdiction over disputes arising under these provisions.
Under existing law, the California Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety. Under existing law, certain violations of those provisions or a standard, order, or special order authorized by those provisions are a crime. Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law establishes the Office of Emergency Services within the office of the Governor and requires the office to be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies. This bill would require the division, by December 1, 2026, to submit a rulemaking proposal for the Occupational Safety and Health Standards Board's review and adoption, specifically applicable to workers in any prison or institution under the jurisdiction of the Department of Corrections and Rehabilitation, as specified. This bill would require the Department of Corrections and Rehabilitation to comply with these provisions and any order, rule, or regulation adopted by the Occupational Safety and Health Standards Board pursuant to them. Because this bill would expand the definition of an existing crime, this bill would impose a state-mandated local program. This bill would require the Department of Corrections and Rehabilitation to take various actions relating to climate control and working conditions in prisons, including, among other things, ensuring that facilities are equipped with adequate cooling systems, adding shade structures, ensuring that facilities install temperature monitoring systems, as specified, and establishing and regularly updating an emergency response and evacuation plan for each correctional facility to protect the safety of incarcerated individuals during extreme weather events. The bill would require the department to implement an annual training for all staff on preventing, identifying, and managing heat-related illnesses. The bill would require the department to create a working group, as specified, to ensure regular maintenance, upkeep, accessibility of use, and implementation of these actions related to climate control and working conditions. The bill would require the department, on January 1, 2027, and each January 1 thereafter, to submit a report to the Governor, the Legislature, and the Office of Emergency Services, detailing the progress in implementation of these measures. 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 no reimbursement is required by this act for a specified reason.
Existing law vests the Public Utilities Commission with regulatory jurisdiction over public utilities, including electrical corporations and gas corporations. Existing law prohibits an electrical or gas corporation from disconnecting service for nonpayment by a residential customer receiving a medical baseline allowance, financially unable to pay for service within the normal payment period, willing to enter into an amortization agreement with the corporation with respect to all charges that the customer is unable to pay, and meets certain other requirements. This bill would prohibit an electrical or gas corporation from disconnecting service of a customer for 3 months, if the customer meets certain requirements, as provided. The bill would require the corporation to grant that customer a 3-month deferment for any and all payments due from the date that the deferment is granted. Upon the expiration of the deferment period, the bill would require the customer to enroll in the electrical or gas corporation's arrearage management program or be enrolled in an available payment plan for which the customer is eligible, if the customer is not eligible for the arrearage management plan, for any and all debts on the customer's account. The bill would prohibit a customer who participates in the payment deferral from being eligible for a subsequent 3-month payment deferral within 18 months of their participation in the payment deferral. The bill would authorize the commission to adopt rules to implement these provisions. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act, a violation of which, or a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing those provisions, would be a crime, the 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 no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including foster family homes and foster family agencies, by the State Department of Social Services. Existing law requires a criminal record check of applicants for a license, special permit, or certificate of approval for a foster family home or certified family home, and other persons, including nonclients who reside in those homes and staff and employees. Existing law requires the department to check the child abuse and neglect registry of a different state for a licensee of a community care facility who has lived in another state in the preceding 5 years. Existing law generally makes violations of these requirements a crime. This bill would authorize a licensee of a community care facility to approve an individual to care for children before the completion of another state's child abuse and neglect registry check if certain specified conditions are met, including that the community care facility has submitted a request for the out-of-state abuse and neglect registry check to the department. The bill would require a licensee to remove an applicant from the community care facility immediately upon receipt of information that would disqualify the applicant from approval and notify the department of the removal within 3 business days. By expanding the scope of a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, as defined. Existing law establishes within the commission an ethics officer within the legal division of the commission who is designated by the general counsel of the commission. Existing law requires the ethics officer to institute a program of enhanced ethics training for all commissioners and employees of the commission and to provide confidential advice to commissioners and employees of the commission relative to the commission's Conflict of Interest Code, Statement of Incompatible Activities, and limitations on ex parte communications. This bill would require the commission, on or before July 1, 2026, to establish an online portal or email address to report ethics concerns to the commission. This bill would prohibit a staff member who is employed by the commission from working on a proceeding at the commission for which the staff member, before their employment by the commission, was listed on a formal filing for the proceeding or sponsored testimony within the proceeding.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or disability insurer to use prior authorization and other utilization review or utilization management functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. This bill, upon communication of a decision by a health care service plan or health insurer delaying, denying, or modifying a health care service based in whole or in part on medical necessity, would authorize a provider to request review of the decision by a licensed physician, or a licensed health care professional under specified circumstances, who is competent to evaluate the specific clinical issues involved in the health care service being requested, and is of the same or similar specialty as the requesting provider. The bill would authorize a licensed health care professional to be the reviewer if the provider requesting peer-to-peer review is not a physician. The bill, notwithstanding any other law, would require these reviews to occur within 2 business days, or if an enrollee or insured faces an imminent and serious threat to their health, within a timely fashion appropriate for the nature of the enrollee's or insured's condition, as specified. If a health care service plan or health insurer fails to meet those timelines, the bill would deem the request for the health care service as approved and supersede any prior delay, denial, or modification. Because a violation of these provisions by a health care service plan would be a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law authorizes the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been charged with a crime involving domestic violence or a sex offense. This bill would require the court, if that defendant is convicted of that crime and is sentenced to incarceration in the state prison, to, at the time of sentencing, order that upon the defendant's release from prison, the defendant be served with a temporary criminal protective order protecting the same identified victim or victims from the original protective order. The bill would require this order to last for no more than 180 days. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as a crime, 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 no reimbursement is required by this act for a specified reason.
