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 health insurers by the Department of Insurance. Existing law sets forth specified prior authorization and step therapy limitations for health care service plans and health insurers. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2027, to require a health care service plan or health insurer to complete prior authorization within 30 days upon initial request, as specified, for a drug approved by the United States Food and Drug Administration (FDA) for the treatment of a rare disease if the drug is prescribed by a specialist with expertise in the condition or disease being treated, the specialist has determined the drug is medically necessary, and the drug is the only FDA-approved treatment for the rare disease. Because a willful violation of these provisions by a health care service plan 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.
(1) Existing law requires a person engaged in the production of human whole blood or human whole blood derivatives to be licensed by the state, and requires licensed blood banks and blood transfusion services to meet specified standards. Existing law authorizes the State Department of Public Health to establish and require compliance with additional requirements, as specified. A violation of these licensing provisions is a misdemeanor. Existing law requires a license to be automatically revoked when there is a change of address, ownership, or person in charge of biologics production. Existing law authorizes a new license to be secured for the new location, owner, or person in charge prior to the actual change, as specified. This bill would prohibit the department from automatically revoking the plasma collection center's license when there is a change of the person in charge of biologics production if the owner or the owner's representative provides written notification of the change to the department within 5 days of the change, as specified, and the licensee submits, within 30 days of the change, the application for a new person in charge of biologics production. The bill would prohibit a licensee from operating without the supervision of a medical director. The bill would authorize a licensee to designate an interim person in charge of biologics production for a period not to exceed 30 calendar days if certain conditions are met. The bill would require plasma centers and their auxiliaries to be under the direction of a medical director or person in charge of biologics production who meets specified qualifications, including being a physician and surgeon and having a minimum of 3 months of experience or training in plasma center methods. Existing law requires each blood bank or plasma center to require as identification either a photographic driver's license or other photographic identification that is issued by the Department of Motor Vehicles from all donors of human whole blood or blood components who receive payment in return for the donation of the blood or blood components. The bill would instead require each blood bank or plasma center to require identification issued by the Department of Motor Vehicles, as described above, or photographic identification issued by another state, federal agency, or tribal government from all donors of human whole blood or blood components who receive payment in return for the donation of the blood or blood components. By creating new crimes, this bill would impose a state-mandated local program. (2) Existing law requires certain establishments that receive specified human whole blood and derivatives to be considered blood bank depositories and requires specified procedures on blood for transfusion to be the sole responsibility of the blood bank depository. This bill would specify that source plasma donation centers, as defined, that are licensed pursuant to the above-described provisions are not blood bank depositories. (3) Existing law authorizes a person to perform a total protein test using a digital refractometer in a licensed plasma collection center in this state, if the State Department of Public Health determines several conditions are met, including, among others, that the person meets specified training and education requirements, and performs the total protein test under supervision and using standard operating procedures, as specified. This bill would also require the department to determine that the licensed plasma collection center's supervising medical director has sufficient proficiency and knowledge with the use and supervision of digital refractometers in performing total protein tests. The bill would authorize a licensed plasma collection center's medical director to delegate to other licensed health care professionals, as approved by the department, the performance of health services duties, including donor screenings, predonation health screenings, and donor suitability assessments. (4) 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.
(1) Existing federal law requires the Secretary of Health and Human Services to designate health professional shortage areas and requires the secretary, in establishing criteria for the designation of those areas, to consider, among other things, the ratio of available health manpower to the number of individuals in an area or population group and indicators of a need for health services, as specified. Existing state law makes references to federally recognized or designated health professional shortage areas in various contexts, including, among others, the California Physician Corps Program, the California Reproductive Health Services Corps, the Oral Health Program, the Virtual Health Hub for Rural Communities Pilot Program, and health professions planning grants. This bill, until January 1, 2035, would define the term "health professional shortage area" to mean (1) an area determined by the Department of Health Care Access and Information to have a shortage of health professionals, (2) a health professional shortage area currently designated or recognized by the United States Department of Health and Human Services, or (3) an area designated or recognized as a health professional shortage area by the United States Department of Health and Human Services on January 1, 2025, regardless of whether that area remains designated or recognized by the United States Department of Health and Human Services as a health professional shortage area. The bill would authorize the Department of Health Care Access and Information to revoke designations, as specified. (2) Existing law requires specified boards, including the Board of Registered Nursing and the Respiratory Care Board of California, to collect certain workforce data from their respective licensees and registrants for future workforce planning at least biennially. Existing law requires other boards that regulate healing arts licensees or registrants to request workforce data from their respective licensees and registrants for future workforce planning at least biennially. Existing law requires the workforce data collected or requested to include specified information, including, among others, the type of employer or classification of primary practice site, as specified. Existing law prohibits a licensee or registrant from being required to provide the information as a condition for license or registration renewal and prohibits licensees or registrants from being subject to discipline for not providing the information. Existing law requires the boards and the Department of Health Care Access and Information to maintain the confidentiality of licensee and registrant information collected pursuant to these provisions and authorizes release of the information only in aggregate form. Existing law requires each board to provide individual licensee and registrant data to the Department of Health Care Access and Information on a quarterly basis, as specified. This bill would require the workforce data to be collected or requested by boards at the time a license or registration is issued, except as specified. The bill would require the information collected or requested by boards to also include, among other things, the hours worked in inpatient care, hours worked in outpatient care, and whether the licensee or registrant offers a formal sliding fee scale. The bill would instead require each board to provide licensee and registrant data on a monthly basis. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) This bill would incorporate additional changes to Section 502 of the Business and Professions Code proposed by SB 1271 to be operative only if this bill and SB 1271 are enacted and this bill is enacted last.
Existing law requires the State Department of Health Care Services to license and regulate adult alcohol or other drug recovery or treatment facilities that provide residential nonmedical services, as specified, and further requires the department to certify and regulate alcohol or other drug programs, as specified. Existing law requires a licensed facility to take specified actions, including to develop a plan to address when a resident relapses. Existing law requires a certified program to keep all policies and procedures in an operation manual. This bill would require a licensed facility to develop a suicide prevention plan. The bill would authorize the department to implement the above-described requirement by bulletin or all-county or all-provider letter, after stakeholder input, until regulations are promulgated. The bill would require the department to promulgate regulations to implement the requirement no later than January 1, 2031. The bill would require a certified program to include in its operation manual a suicide prevention plan.
Existing federal law, the National Suicide Hotline Designation Act of 2020, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide & Crisis Lifeline. Existing law, the Miles Hall Lifeline and Suicide Prevention Act, requires, among other things, the California Health and Human Services Agency (agency) to create, no later than December 31, 2024, a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system. Existing law requires the agency to convene a state 988 advisory group for purposes of advising the agency on the set of recommendations and requires the recommendations to include specified information. Existing law requires the advisory group to meet at least once per quarter until December 31, 2024. Existing law authorizes the agency to disband the advisory group on or after January 1, 2025. Existing law requires the agency, until December 31, 2029, to post regular updates, no less than annually, regarding the implementation of 988 on its public internet website. This bill would require the advisory group to meet at least once per quarter until December 31, 2029. The bill would authorize the agency to disband or reconvene the advisory group on or after January 1, 2030. The bill would require the above-described regular updates to include, among other things, the progress toward statewide interoperability between 988 and 911. The bill would require the agency to have the primary responsibility for statewide governance and implementation of the 988 system. The bill would require the agency to maintain a 988 System Governance Board to provide cross-agency coordination and oversight related to implementation of the 988 system, as specified. The bill would require the State Department of Health Care Services to be responsible for oversight of 988 center operations, among other things. Existing law requires the Office of Emergency Services (office) to establish and convene the State 988 Technical Advisory Board for purposes of advising the office on, among other things, recommendations on the feasibility and plan for sustainable interoperability between 988, 911, and behavioral health crisis services. Existing law requires the advisory board to meet no less than quarterly until December 31, 2028. Existing law, after December 31, 2028, authorizes the office to disband the advisory board. Existing law requires the office to appoint a 988 system director to implement and oversee the policy and regulatory framework for the technology infrastructure, coordination, and transfer of calls between 988, 911, and behavioral health crisis services. This bill would require the advisory board to meet no less than quarterly until December 31, 2029, and thereafter, would authorize the office to disband or reconvene the advisory board. The bill would delete the requirement for the office to appoint a 988 system director. The bill, on or before December 31, 2029, would require the office, in consultation with the State Department of Health Care Services, to procure, implement, and designate a single statewide interoperability platform capable of facilitating real-time communication and warm handoffs between 988 centers and 911 public safety answering points. No later than June 1, 2027, the bill would require the Emergency Medical Services Authority, in consultation with the office and the State Department of Health Care Services, to develop and adopt mandatory statewide protocols governing the transfer of calls and communications from 911 public safety answering points to 988 centers, as specified. The bill would require the authority to consult with, among others, county behavioral health agencies to develop these protocols. Existing law establishes the 988 State Suicide and Behavioral Health Crisis Services Fund for the deposit of 988 surcharge revenue. Existing law requires 988 surcharge revenue to be prioritized to fund, among other things, the 988 centers, including the efficient and effective routing of telephone calls, personnel, and the provision of acute behavioral health services through telephone call, text, and chat to the 988 number. Existing law requires 988 surcharge revenue in the 988 State Suicide and Behavioral Health Crisis Services Fund to be available upon appropriation by the Legislature for these purposes. Existing law requires an entity seeking funds available through the 988 Suicide and Behavioral Health Crisis Services Fund to annually file an expenditure and outcomes report, as specified. This bill would require the State Department of Health Care Services to develop and maintain a statewide 3-year expenditure methodology for the 988 State Suicide and Behavioral Health Crisis Services Fund, as specified. The bill would require the methodology to be completed on or before June 30, 2027, and to first be used for, or before, the 2028–29 budget year. The bill would require the entity seeking funds to include in the report the net revenues, expenditures, and sources of revenues for 988 and receiving or seeking funds, as specified. The bill would also make conforming changes to the provisions relating to the disbursement of moneys in the 988 State Suicide and Behavioral Health Crisis Services Fund.
Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals and skilled nursing facilities, by the State Department of Public Health. A violation of these provisions is generally a crime. Under existing law, if a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility is required to give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located, and if the person in charge fails to do so, the hospital or facility is liable for the cost of internment, as specified, and specified losses incurred by the estate or beneficiaries as a result of the failure to notify. This bill would instead require the licensee in charge of a general acute care hospital or a skilled nursing facility to make a reasonable attempt to notify any known next of kin, as specified. The bill would state that this requirement is met if a skilled nursing facility notifies the person's resident representative or has the body transferred to a hospital after death, or if the person notified the hospital or facility, prior to death and in writing, that they do not want their known next of kin to be notified of their presence or death. The bill would require, if a reasonable attempt is made or the person expressed a desire that next of kin not be notified, as specified, that the hospital or facility give notice to the public administrator as described above. The bill would make a hospital or facility that fails to notify any known next of kin liable for a continuing civil penalty of $200 per day, up to a maximum of $50,000, measured from the time it would take to make a reasonable attempt to notify the next of kin until the actual knowledge by the next of kin of the decedent's death. The bill would also make a hospital or facility that fails to notify the county public administrator, as specified, liable for a continuing civil penalty of up to $200 per day, up to a maximum of $50,000, measured from the 5th business day following a person's death until the county public administrator is notified. The bill would authorize a licensee that disputes the assessment of a civil penalty to, within 10 working days of the notification of the penalty, request a hearing pursuant to specified law.
Existing law, the Nevaeh Youth Sports Safety Act, requires a youth sports organization to ensure, by January 1, 2028, that its athletes have access to an automated external defibrillator (AED) during any official practice or match. Existing law requires a youth sports organization, commencing January 1, 2028, to ensure that its AED is maintained and tested according to specified operation and maintenance guidelines. This bill would require, commencing January 1, 2028, a public or private local facility with a permanent sports infrastructure, as defined, to ensure that the youth sports organization has access to an AED procured and maintained by the facility during an official practice or match permitted by the facility, except as specified with respect to local educational agencies. The bill would require the youth sports organization, commencing January 1, 2028, to ensure there is access to an operational AED if an AED is not available at a public or private local facility where an official practice or match is taking place. The bill would additionally require a public or private local facility, commencing January 1, 2028, to ensure that its AED is maintained and tested according to specified operation and maintenance guidelines. The bill would require a public or private local facility to work in collaboration with the youth sports organization to ensure that any AED that is installed be accessible to youth sports organizations at the time of official practices or matches permitted by the facility. The bill would require a public or private local facility that has installed an AED to work with the youth sports organization to identify means to share the financial costs associated with ensuring the AED is maintained and accessible at the facility, or to identify means to share the financial costs associated with installing an AED at the facility.
Existing law states that it is the intent of the Legislature to maintain an ongoing program of birth defects monitoring statewide, and requires the State Public Health Officer to maintain a system for the collection of information related to birth defects, as specified. Existing law requires the officer to require general acute care hospitals and physician-owned or physician-operated clinics that regularly provide services for the diagnosis or treatment of birth defects, genetic counseling, or prenatal diagnostic services to make available to the department the medical records of children suspected or diagnosed as having birth defects, as specified. Existing law authorizes the department to enter into a contract for the establishment and implementation of the birth defects monitoring program. This bill would state that it is additionally the intent of the Legislature to authorize local health jurisdictions to initiate and maintain programs to monitor birth conditions, as defined, that are present during the 12-month period after an individual's birth in their local health jurisdictions. The bill would authorize a local health officer to maintain a system for the collection of specified information within their local health jurisdiction related to birth conditions. The bill would authorize a local health officer to issue a written order to providers and laboratories, as specified, in addition to the facilities listed above, within their local health jurisdiction to either make available or to report to the local health department information related to birth conditions, as specified. Existing law limits access to confidential information related to birth defects to authorized program staff and persons with a valid scientific interest, as specified, and prohibits that information from being admissible, disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, as specified. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would expand the scope of the confidentiality provisions described above to include additional conditions, thereby prohibiting the use of additional information in criminal proceedings. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services (department) to contract with regional centers to provide services and supports to persons with developmental disabilities and their families. Under existing law, a person believed to have a developmental disability, and a person believed to have a high risk of parenting an infant with a developmental disability, is eligible for initial intake and assessment services in the regional centers. Existing law requires that initial intake take place within 15 days following a request for assistance. Existing law, commencing January 1, 2025, requires a regional center, by the end of that 15-day period, to either determine if the individual is eligible for regional center services or determine if additional assessment is needed. This bill would, for initial intakes involving a child welfare involved child or youth, as defined, require regional centers to facilitate a case conference within 15 working days following the initial request for assistance, as specified. The bill would prohibit the case conference requirement from resulting in any delay to the child welfare involved child's or youth's right to a timely intake, assessment, or eligibility determination. The bill would require the department and the State Department of Social Services to issue joint guidance to operationalize the case conference requirement by March 31, 2027. The bill would prohibit a determination not to provide additional assessment from being solely based on the age of the person when they received a diagnosis of a qualifying condition, as specified. The bill, commencing January 31, 2028, would require the department to annually post on its internet website specified data relating to initial intakes, including, among other data, the number of initial intakes, the timeliness of assessment and eligibility determinations, and the percentage of assessments resulting in eligibility by program.
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 requires the department to establish a subacute care program in health facilities, as specified, to be available to patients in health facilities who meet subacute care criteria. Existing law requires that medical necessity for pediatric subacute care be substantiated by specified criteria. Existing regulations require a treatment authorization request for each admission to a subacute unit. If a provider substantiates that a patient meets any of the specified criteria for pediatric subacute care, this bill would prohibit a Medi-Cal managed care plan from imposing, or requiring the patient to meet, any additional criteria. If a standard form is developed by the department for purposes of authorization and reauthorization of pediatric or adult subacute care services, the bill would require a Medi-Cal managed care plan to deem as sufficient and accept from a provider that standard form and would prohibit a plan from creating, or requiring a provider to submit, a separate form created by the plan or any other entity. The bill would prohibit a Medi-Cal managed care plan from requiring a subsequent treatment authorization request upon a patient's return from a bed hold for acute hospitalization. The bill would authorize the department to impose sanctions on Medi-Cal managed care plans for violations of these provisions, as specified.
