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Bill results

in committee · California · Assembly May 16, 2024

AB 2415: Cash assistance for aged, blind, and disabled immigrants.

Existing law requires the State Department of Social Services to establish and supervise a county or county consortia-administered program to provide cash assistance for aged, blind, or disabled legal immigrants who are not citizens who, due to their immigration status, are not eligible for the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled, also known as SSI/SSP benefits. Under existing law, an individual is eligible for this program if their immigration status meets SSI/SSP eligibility criteria but they are not eligible for those benefits solely due to their immigration status, as specified. Existing law also requires any person who is found to be eligible by the department for federally funded SSI to apply for SSI benefits. This bill would expand eligibility for that program to aged, blind, and disabled individuals regardless of immigration status if the individual meets the eligibility criteria for the program and is not eligible solely due to their immigration status. This bill would exempt individuals who are not qualified immigrants, as specified, from having to apply for SSI in order to receive benefits. The bill would also delete several inoperative provisions. The bill would make the implementation of these substantive changes contingent upon an appropriation for its express purposes. By expanding county duties under the program, 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 the statutory provisions noted above.
Juan Carrillo (D) · 5 co-sponsors
in committee · California · Senate May 16, 2024

SB 1157: State contracts: certification process: forced labor and human trafficking.

Existing law requires a contract entered into by any state agency for the procurement or laundering of apparel, garments, or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, to require that a contractor certify that nothing furnished to the state pursuant to the contract has been laundered or produced by certain types of labor, including forced labor, as defined. Existing law makes any person who falsely certifies pursuant to these provisions guilty of a misdemeanor. This bill would revise the above contracting requirements to also require a contractor to certify that the contract complies with specified requirements relating to human trafficking, including certain prohibitions on contractors, contractor employees, subcontractors, subcontractor employees, and their agents. The bill would revise the definition of forced labor to mean knowingly providing or obtaining labor or services of a person by, among other things, threats of serious harm to, or physical restraint against, that person or another person. The bill would require contractors and subcontractors to notify employees of specified prohibited activities and the actions that may be taken against them for violations. The bill would provide that a contractor is ineligible for, and shall not bid on, or submit a proposal for, a contract under these provisions if the contractor has failed to certify its compliance. The bill would also require a contractor to exercise due diligence in ensuring that its subcontractors comply with those requirements, including requiring each subcontractor to sign a certification. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would require, before a contract or subcontract is awarded, a proposed contractor or proposed subcontractor to provide a certification to the contracting officer or contractor, as applicable, that states the contractor or subcontractor has implemented a compliance plan, as specified, and has conducted due diligence that either (1) to the best of the contractor's or subcontractor's knowledge and belief, certain parties have not engaged in any specified prohibited activities or (2) if the contractor or subcontractor is aware of abuses relating to the specified prohibited activities, then certain parties have taken the appropriate remedial and referral actions. This bill would require a contractor or subcontractor to take specified actions to ensure compliance with the above-described provisions, including requiring the contractor or subcontractor to disclose to the contracting officer and the state agency with oversight information sufficient to identify the nature and extent of a violation of a prohibited activity. The bill would specify certain actions a contractor would be required to take if a contractor, contractor employee, subcontractor, subcontractor employee, or agent violates these provisions or specified provisions, including, among others, notifying its employees of the actions that will be taken against the employee or agent for violations. Existing law authorizes certain sanctions to be imposed if a contractor knew or should have known that the apparel, garments, corresponding accessories, equipment, materials, or supplies furnished to the state were laundered or produced in violation of specified conditions, including, among others, voiding the contract under which the prohibited apparel, garments, or corresponding accessories, equipment, materials, or supplies were laundered or provided at the option of the state agency and removing the contractor from the bidder's list for a period not to exceed 360 days. This bill would authorize additional sanctions, including, among others, requiring a contractor to remove a contractor employee from the performance of the contract, requiring the contractor to terminate a subcontractor, and suspending contract payments until the contractor has taken appropriate remedial action. The bill would also specify that these requirements govern contracts and subcontracts entered into by a state agency, regardless of place of performance. Existing law authorizes a contractor to request a hearing before an administrative law judge when sanctions are imposed. Existing law requires the administrative law judge to consider any measures the contractor has taken to ensure compliance with the above-described provisions and authorizes the administrative law judge to waive any or all sanctions if it is determined that the contractor has acted in good faith. This bill would authorize the administrative law judge to additionally consider mitigating factors and aggravating factors, as specified. Existing law authorizes a state agency that investigates a complaint against a contractor for violation of the above-described provisions to limit its investigation to evaluating the information provided by the person or entity submitting the complaint and information provided by the contractor. This bill would authorize the state agency to limit its investigation to credible information. The bill would require the contracting officer, upon receipt of credible information regarding a violation of specified provisions, to promptly notify the state agency with oversight, the agency debarring and suspending official, and law enforcement officials with jurisdiction over the alleged offense, as specified. The bill would authorize the contracting officer to direct the contractor to take specific steps to abate the alleged violation or enforcement of the requirements of its compliance plan. 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.
Melissa Hurtado (D) · 1 co-sponsor
in committee · California · Senate May 16, 2024

SB 1115: Professional learning: mathematics and literacy.

Existing law requires the State Department of Education to issue a request for proposals to contract for the development of standards for professional development for educators and instructional leaders. Existing law requires those standards to, among other things, present a vision of ongoing, high-quality professional development, give special attention to high-need schools and school districts, and build on existing work on quality professional development, including the Designs for Learning system. Existing law requires the entity contracted by the department for these purposes to submit the standards to the Superintendent of Public Instruction for approval, and requires the Superintendent to submit the standards to the State Board of Education for approval, as specified. This bill would require the department, on or before January 1, 2026, to identify and recommend high-quality professional learning programs for certificated and classified staff that support pupil development in mathematics and literacy and that meet specified requirements. The bill would, among other things, appropriate an unspecified amount from the General Fund to the Superintendent for allocation to school districts, county offices of education, charter schools, and the state special schools for these purposes, and would authorize those local educational agencies to use those allocated funds for any high-quality professional learning programs for certificated and classified staff that support pupil development in mathematics and literacy, including, but not limited to, those identified and recommended by the department, if they comply with the specified requirements. The bill would authorize the department to, among other things, establish, where appropriate, project partnerships with other public and private agencies, to support the use of high-quality professional learning programs for certificated and classified staff that support pupil development in mathematics and literacy, as specified. Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
Monique Limón (D)
in committee · California · Senate May 16, 2024

SB 1135: Greenhouse Gas Reduction Fund: income taxes: credit.

Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include in its regulation of those emissions the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates the annual proceeds of the fund to the various purposes. This bill, in the 2025–26 fiscal year through the 2035–36 fiscal year, would transfer 1% of the annual proceeds of the Greenhouse Gas Reduction Fund, not to exceed $120,000,000 per fiscal year, to the California Compost Tax Credit Fund, which the bill would establish. Existing law, the Personal Income Tax Law and the Corporation Tax Law, allows various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2036, would allow a credit against those taxes for each taxable year to a qualified taxpayer in an amount equal to amounts paid or incurred during the taxable year for the application of compost on agricultural lands, ranchlands, or rangelands to improve soils, sequester carbon, and reduce greenhouse gas emissions. The bill would require the Department of Food and Agriculture to allocate the credits to qualified taxpayers through an application process, as specified, and would limit the aggregate amount of credits allocated per fiscal year to the amount appropriated from the Greenhouse Gas Reduction Fund to the California Compost Tax Credit Fund, minus specified distributions, as provided. This bill would require the moneys from the California Compost Tax Credit Fund to be used for the purpose of refunding the General Fund for tax revenue lost due to the credits claimed and would continuously appropriate moneys in the fund to the Department of Food and Agriculture for refunds to qualified taxpayers whose credit exceeds their tax liability, as provided. This bill would additionally continuously appropriate up to 20% of moneys in the California Compost Tax Credit Fund, not to exceed $24,000,000 per fiscal year, for existing composting infrastructure grant programs and existing healthy soils programs, as specified. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would also make findings and declarations related to a gift of public funds.
Monique Limón (D)
in committee · California · Senate May 16, 2024

SB 927: Income taxes: gross income exclusions: state of emergency: natural disaster settlements.

The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill, for taxable years beginning on or after January 1, 2023, and before January 1, 2033, would provide an exclusion from gross income for amounts received from a settlement entity, as defined, by a qualified taxpayer, as defined, to replace property damaged or destroyed by a natural disaster that was declared a state of emergency by both the Governor and the President of the United States. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Brian Dahle (R) · 5 co-sponsors
in committee · California · Senate May 16, 2024

SB 1472: Firearms: California Do Not Sell List.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System. This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified.
Monique Limón (D)
in committee · California · Assembly May 16, 2024

AB 1786: California Individual Assistance Act: California Local Assistance Act.

Existing law, the California Emergency Services Act, empowers the Governor to proclaim a state of emergency under certain circumstances. Existing law defines a state of emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as, among others, air pollution, fire, flood, and storm. Existing law defines a local emergency to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as, among others, air pollution, fire, flood, and storm. This bill would add climate change and climate change exacerbated conditions to the list of conditions for which a state of emergency or local emergency may be proclaimed. Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act. Existing law, the California Global Warming Solutions Act of 2006, establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. This bill would enact the California Individual Assistance Act to establish a grant program to provide funds to community-based organizations for specified costs related to a disaster, as prescribed. The bill would require the Director of Social Services to allocate moneys from the California Individual Assistance Act Account, which the bill would establish as a special account within the Disaster Assistance Fund, for purposes of the program. The bill would authorize the Director of Social Services to adopt regulations, as determined to be necessary, to govern the administration of the program. The bill would require the Controller to transfer $100,000,000 of the moneys in the Greenhouse Gas Reduction Fund to the California Individual Assistance Act Account for purposes of the act. By transferring moneys into a continuously appropriated fund, and by authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation. This bill would additionally enact the California Local Assistance Act to establish a grant program to provide funds to local and tribal governments, transportation systems, and communities for specified costs related to a disaster, as prescribed. The bill would require the Strategic Growth Council to allocate moneys from the California Local Assistance Act Account, which the bill would establish as a special account within the Disaster Assistance Fund, for purposes of the program. The bill would authorize the Strategic Growth Council to adopt regulations, as determined to be necessary, to govern the administration of the program. The bill would require the Controller to transfer $400,000,000 of the moneys in the Greenhouse Gas Reduction Fund to the California Local Assistance Act Account for purposes of the act. By transferring moneys into a continuously appropriated fund, and by authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation.
Freddie Rodriguez (D) · 7 co-sponsors
in committee · California · Assembly May 16, 2024

AB 2128: Income and corporation taxes: credits: work opportunity credit.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, would allow a credit against those taxes to a qualified taxpayer in an amount equal to 40% of the qualified wages paid or incurred to a qualified employee employed during the taxable year. The bill would define a qualified employee for this purpose to mean an individual that, among other things, has been convicted of a felony, as provided, and has a hiring date not more than one year after the date the individual was convicted or was released from prison. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new income tax expenditure. This bill would take effect immediately as a tax levy.
Tri Ta (R) · 6 co-sponsors
in committee · California · Assembly May 16, 2024

AB 2699: Hazardous materials: reporting: civil liability.

(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law authorizes a state or local agency that has a written agreement with a certified unified program agency, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines "unified program agency" to mean a certified unified program agency or its participating agencies, as provided. Existing law requires a business that handles a hazardous material, or an employee, authorized representative, agent, or designee of that business, to, upon discovery, immediately report any release or threatened release of a hazardous material, or an actual release of a hazardous substance, as defined, to the unified program agency and the Office of Emergency Services, as provided. Existing law requires the Office of Emergency Services, on or before January 1, 2022, to adopt regulations to implement these reporting requirements. This bill would require this reporting to be made to the California Environmental Protection Agency instead of the Office of Emergency Services. The bill would delete the requirement on the Office of Emergency Services to adopt regulations, and would instead require the California Environmental Protection Agency to be responsible for the adoption and revision of the regulations and for the oversight of the enforcement of the regulations. The bill would require the California Environmental Protection Agency, on or before January 1, 2028, to review and revise the regulations that implement the reporting requirements. This bill would require the Office of Administrative Law, on or before January 1, 2025, to report to the Legislature on whether the Office of Emergency Services has adopted certain regulations, as specified. The bill would define certain terms for purposes of the regulations that implement the reporting requirements if the Office of Administrative Law's report indicates that those regulations have not been adopted by the Office of Emergency Services. The bill would authorize the California Environmental Protection Agency to revise those definitions by revising the regulations. (2) Existing law requires the unified program agency to maintain one or more nonemergency contact numbers for release reports that do not require immediate agency response and requires the unified program agency to promptly communicate changes to this contact information to the Office of Emergency Services. This bill would require the unified program agency to maintain one or more nonemergency methods of communication, instead of phone numbers, and would require the unified program agency to promptly communicate changes to the California Environmental Protection Agency, instead of the Office of Emergency Services. (3) Existing law requires the Office of Emergency Services to approve a form for use by a business that is required to submit a followup emergency notice pursuant to federal law regarding a release of an extremely hazardous substance. Existing law authorizes the Office of Emergency Services to adopt guidelines for the use of the approved form. This bill would instead require the California Environmental Protection Agency to adopt regulations to approve the form and would require the followup emergency notice to be provided on the form. (4) Existing law requires the Office of Emergency Services to develop informational guidelines for facilities required to comply with the reporting requirements and with certain federal reporting requirements regarding the release of extremely hazardous substances. Existing law requires the Office of Emergency Services to assist the unified program agency in ensuring full distribution of the guidelines to those facilities. This bill would instead require the California Environmental Protection Agency to develop the informational guidelines and to assist the unified program agency in distributing the guidelines. (5) Existing law provides that a business that violates the unified program laws is liable to a unified program agency for an administrative penalty not greater than $2,000 for each day that the violation occurs and that a business that knowingly violates the unified program laws is liable for an administrative penalty not greater than $5,000 for each day that the violation occurs. This bill would, beginning January 1, 2025, increase those penalties to be not greater than $20,000 for each day that the violation occurs and not greater than $30,000 for each day that the violation occurs knowingly. (6) Existing law requires a stationary source, as defined, with one or more processes that have certain substances present in more than a threshold quantity to prepare and submit a risk management plan, if the unified program agency makes a specified determination. Existing law requires the owner or operator of a stationary source submitting a risk management plan to submit the plan to the unified program agency after the plan is certified as complete, and requires the unified program agency to review the plan. Existing law imposes various requirements related to the submission and contents of a risk management plan. Existing law imposes civil or administrative liability on a person or stationary source that violates these provisions in an amount of not more than $5,000 for each day that the violation occurs, and in an amount of not more than $25,000 for each day that the violation occurs if the person or stationary source knowingly violates these provisions after reasonable notice of the violation. This bill would increase those penalties to be not greater than $20,000 for each day that the violation occurs and not greater than $30,000 for each day that the violation occurs knowingly. (7) To the extent this bill would require unified program agencies to provide new programs or higher levels of service, 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, 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 the statutory provisions noted above.
Wendy Carrillo (D)
in committee · California · Assembly May 16, 2024

AB 2956: Medi-Cal eligibility: redetermination.

Existing law establishes 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. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law generally requires a county to redetermine a Medi-Cal beneficiary's eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiary's circumstances that may affect their Medi-Cal eligibility. Existing law conditions implementation of the redetermination provisions on the availability of federal financial participation and receipt of any necessary federal approvals. Under existing law, if a county has facts clearly demonstrating that a Medi-Cal beneficiary cannot be eligible for Medi-Cal due to an event, such as death or change of state residency, Medi-Cal benefits are terminated without a redetermination. Existing law requires the department, subject to federal funding, to extend continuous eligibility to children 19 years of age or younger for a 12-month period, as specified. Under existing law, operative on January 1, 2025, or the date that the department certifies that certain conditions have been met, a child is continuously eligible for Medi-Cal up to 5 years of age. Under those provisions, a redetermination is prohibited during this time, unless certain circumstances apply, including, voluntary disenrollment, death, or change of state residency. This bill would require the department to seek federal approval to extend continuous eligibility to individuals over 19 years of age. Under the bill, subject to federal funding, and except as described above with regard to death, change of state residency, or other events, an individual would remain eligible from the date of a Medi-Cal eligibility determination until the end of a 12-month period, as specified. The bill would make various changes to the above-described redetermination procedures. The bill would, among other things, require the county, in the event of a loss of contact, to attempt communication with the intended recipient through all additionally available channels before completing a prompt redetermination. The bill would require the county to make another review of certain obtained information in an attempt to renew eligibility without needing a response from a beneficiary. The bill would require the county to complete a determination at renewal without requesting additional information or documentation if specified conditions are met, relating to, among other things, prior income verification and no contradictory information on file. When income is found not reasonably compatible from electronically available sources, the bill would require the county to first attempt to obtain a reasonable explanation through a verbal or written explanation, in an attempt to resolve a discrepancy between the beneficiary's self-attestation and information received through electronic data sources on required eligibility factors. For purposes of the income verification process only, when a renewal is received without a reasonable explanation or other income verification, the bill would require a county to accept self-attested information, as specified. Under the bill, for a beneficiary whose eligibility was discontinued due to failure to provide needed information and who submits to the county that information, as specified, the beneficiary would be entitled to a Medi-Cal eligibility determination for the 3 months immediately prior to the month in which the beneficiary provided the information, unless the beneficiary opts out. The bill would make conforming changes to related provisions. In the case of a redetermination due to a change in circumstances, each time a Medi-Cal beneficiary who is considered a member of a vulnerable or difficult-to-reach population, as defined, makes contact with the county, the bill would require the county to begin a new 12-month eligibility period if certain conditions are met. The bill would require the department to set a goal, in the form of a target rate of at least 50%, for successful ex parte renewals, and to post a related report. The bill would require counties to collect and submit to the department call-center data metrics. The bill would require the department to seek any necessary federal approvals to make permanent all temporary eligibility rules, not already described above, that were originally implemented for Medi-Cal renewals that were due between June 2023 and May 2024, inclusive, as part of the COVID-19 Unwinding Period. By creating new duties for counties relating to the redetermination of Medi-Cal eligibility, 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, 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 the statutory provisions noted above.
Tasha Boerner (D) · 1 co-sponsor
in committee · California · Assembly May 16, 2024

AB 2702: Training programs for clinical laboratory scientists and medical laboratory technicians: grants.

Existing law establishes a State Department of Public Health within the California Health and Human Services Agency. Existing law requires the department to license and regulate clinical laboratories and various clinical laboratory personnel, including medical laboratory technicians. Existing law prohibits a person from operating a school, as defined, or conducting any course for the purpose of training or preparing persons to perform duties subject to those provisions, as specified, without having first secured the approval of the department. Existing law imposes on the department specified duties related to the approval and regulation of schools and clinical laboratory scientist programs for instruction in clinical laboratory technique. This bill would authorize the department, upon appropriation by the Legislature, to establish a grant program to provide funding to training programs that both offer training programs for clinical laboratory scientists or medical laboratory technicians, and are approved by the department or accredited by a recognized accrediting program approved by the department. The bill would also authorize the department to award grants to those training programs in the amount of no more than $600,000, to be used within 3 years of receiving a grant.
Phillip Chen (R)
in committee · California · Assembly May 16, 2024

AB 2466: Medi-Cal managed care: network adequacy standards.

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 authorizes the Director of Health Care Services to terminate a contract or impose sanctions if the director finds that a Medi-Cal managed care plan fails to comply with contract requirements, state or federal law or regulations, or the state plan or approved waivers, or for other good cause. Existing law establishes, until January 1, 2026, certain time and distance and appointment time standards for specified Medi-Cal managed care covered services, consistent with federal regulations relating to network adequacy standards, to ensure that those services are available and accessible to enrollees of Medi-Cal managed care plans in a timely manner, as specified. Under this bill, a Medi-Cal managed care plan would be deemed to be not in compliance with the appointment time standards if either (1) fewer than 85% of the network providers had an appointment available within the standards or (2) the department receives information establishing that the plan was unable to deliver timely, available, or accessible health care services to enrollees, as specified. Under the bill, failure to comply with the appointment time standard may result in contract termination or the issuance of sanctions as described above. Existing law requires a Medi-Cal managed care plan to submit a request for alternative access standards if the plan cannot meet the time or distance standards. Under existing law, a plan is not required to submit a previously approved request on an annual basis, unless the plan requires modifications to its request. Existing law requires the plan to submit this previously approved request at least every 3 years for review and approval when the plan is required to demonstrate compliance with time or distance standards. This bill would instead require a plan that has a previously approved alternative access standard to submit a renewal request on an annual basis, explaining which efforts the plan has made in the previous 12 months to mitigate or eliminate circumstances that justify the use of an alternative access standard, as specified. The bill would require the department to consider the reasonableness and effectiveness of the mitigating efforts as part of the renewal decision. Existing law requires a Medi-Cal managed care plan to demonstrate, annually and upon request by the department, how the plan arranged for the delivery of Medi-Cal covered services to Medi-Cal enrollees, with a report measuring compliance, as specified. Existing law requires the department to annually evaluate a plan's compliance with the standards and to annually publish a report. This bill would, effective for contract periods commencing on or after July 1, 2025, require the plan's and department's reports to include certain information and require the department's evaluation to be performed using a direct testing method, as specified. Under the bill, failure to comply with these provisions may result in contract termination or the issuance of sanctions. Existing law, as part of the federally required external quality review organization (EQRO) review of Medi-Cal managed care plans, requires the EQRO designated by the department to compile certain data, by plan and by county, for the purpose of informing the status of implementation of the above-described standards. This bill would require that the data include, effective for contract periods commencing on or after July 1, 2025, the number of requests for alternative access standards, categorized by new and returning patients, and the number of allowable exceptions for the appointment time standards, categorized by urgent and nonurgent appointment types and by new and returning patients. Under existing law, in lieu of contract termination, the director has the power and authority to require or impose a plan of correction and issue one or more of specified sanctions against a contractor for findings of noncompliance or good cause. This bill would require the department to monitor any plan of correction imposed by the director, with progress reported publicly no less than annually for the duration of the plan of correction. Existing law authorizes the director to impose monetary sanctions based on any of specified circumstances, including, among others, failure to submit timely and accurate network provider data. This bill would, for purposes of the particular circumstance described above, set forth definitions for the terms of "timely" and "accurate network provider data."
Wendy Carrillo (D)
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