Asm. Liz Ortega

Existing law establishes the State Department of Public Health and sets forth its powers and duties to license and administer health facilities, as defined, including skilled nursing facilities and intermediate care facilities. Existing law requires skilled nursing facilities and intermediate care facilities to adopt certified nurse assistant training programs approved by the department. A violation of the provisions relating to those training requirements is a misdemeanor. Existing law requires the department to prepare and maintain a list of approved training programs for nurse assistant certification, including training programs conducted by skilled nursing facilities or intermediate care facilities, as well as local agencies and education programs. This bill additionally would require the department, no later than December 31, 2025, to solicit applications from vendors to provide the written and oral competency examination of a nurse assistant certification examination in Spanish. The bill also would require the department, by July 1, 2029, to publish on its internet website, and to update at least twice annually, a list of information including, but not limited to, approved training programs, as specified, competency test pass rates for the previous 2 years, aggregated by the language in which the test was taken, and the number of nurse assistants trained in the previous 2 years.

Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to waive some or all of the fees for 2 academic years for first-time community college students and returning community college students, as defined, who are enrolled in 12 or more semester units or the equivalent, or less for students certified as "full time," as specified, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except as provided. This bill would authorize extending the term of eligibility of the California College Promise for an additional 2 academic years for first-time community college students and returning community college students who matriculate into upper division coursework of a community college baccalaureate degree program, as specified.

Existing law creates the Distressed Hospital Loan Program, until January 1, 2032, for the purpose of providing loans to not-for-profit hospitals and public hospitals, as defined, in significant financial distress or to governmental entities representing a closed hospital to prevent the closure or facilitate the reopening of a closed hospital. Existing law requires the Department of Health Care Access and Information (HCAI) to administer this loan program. Existing law authorizes the Board of Supervisors of the County of Alameda to establish the Alameda Health System Hospital Authority for the management, administration, and control of the medical center in that county. Existing law authorizes the hospital authority to acquire and possess real or personal property and to dispose of real or personal property other than that owned by the county, as may be necessary for the performance of its functions. This bill would require HCAI, subject to review and approval by the Department of Finance, as specified, to approve the forgiveness of any loans under the Distressed Hospital Loan Program for the St. Rose Hospital in the City of Hayward if the hospital is acquired by the Alameda Health System Hospital Authority. The bill would require HCAI to forgive the full amounts of the principal, interests, fees, and any other outstanding balances of the loan. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Hayward. This bill would declare that it is to take effect immediately as an urgency statute.

The Donahoe Higher Education Act sets forth the missions and functions of the public institutions of higher education, including the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. This bill would prohibit the University of California, California State University, or California Community Colleges from disqualifying a student from being hired for an employment position due to the student's failure to provide proof of federal work authorization, except where that proof is required by federal law or where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied. This bill would require the University of California, the California State University, and the California Community Colleges to treat a specified prohibition in federal law on hiring undocumented noncitizens as inapplicable because that provision does not apply to any branch of state government. The bill would further provide that, to the extent student employment is considered a "benefit" for purposes of federal law, the bill constitutes authorization to provide that benefit for purposes of specified federal law. This bill would require the University of California, the California State University, and the California Community Colleges to implement the bill by January 6, 2025. The bill's provisions would apply to the University of California, unless it is found inapplicable to the University of California and then only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. By imposing new duties on community college districts, 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.

Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations and authorizes the division to enforce the provisions of the Labor Code and all labor laws of the state which are not specifically vested in any other officer, board, or commission. Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified. This bill would require an employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employer's operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term "social compliance audit" to mean a voluntary, nongovernmental inspection or assessment of an employer's operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had regarding child employees.

Existing law requires the State Department of Social Services to regulate activities relating to continuing care contracts that govern care provided to a resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year. Existing law provides that all residents in residential living units, as defined to mean a living unit in a continuing care retirement community, shall have certain specified rights, such as the right to live in an environment that enhances personal dignity, maintains independence, and encourages self-determination, and the right to participate in activities that meet individual physical, intellectual, social, and spiritual needs. Under existing law, in addition to any statutory or regulatory bill of rights required to be provided to residents of residential care facilities for the elderly or skilled nursing facilities, a provider of continuing care retirement services is required to provide a copy of the rights specified for residents in residential living units to each resident at the time or before the resident signs a continuing care contract, and at any time when the resident is proposed to be moved to a different level of care. A violation of these provisions is subject to a civil penalty. This bill would revise those provisions to expressly require a continuing care retirement community provider, at the time or before a resident signs a continuing care contract, and when the resident is proposed to be moved to a different level of care, to provide the resident with a copy of the above-described rights, a copy of the residential care facility for the elderly bill of rights, or, if the if the resident is moving into the continuing care retirement community's skilled nursing unit, a copy of the rights applicable to residents of skilled nursing facilities.

Existing law provides for the licensing and regulation of long-term health care facilities, including, among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. A violation of those provisions is generally a crime. 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 prohibits a long-term health care facility that participates as a provider under the Medi-Cal program from discriminating against a Medi-Cal patient on the basis of the source of payment for the facility's services that are required to be provided to individuals entitled to services under the Medi-Cal program. Existing law prohibits that facility from seeking to evict out of the facility, or transfer within the facility, any resident as a result of the resident changing their manner of purchasing the services from private payment or Medicare to Medi-Cal, except as specified. This bill would require the facility to provide aid, care, service, and other benefits available under Medi-Cal to Medi-Cal beneficiaries in the same manner, by the same methods, and at the same scope, level, and quality as provided to the general public, regardless of payment source. The bill would find and declare that this requirement is declaratory of existing law and thus not reimbursable under the Medi-Cal Long-Term Care Reimbursement Act or any other Medi-Cal ratesetting provisions, as specified. The bill would specify that if reimbursement is found to be required by state or federal law or regulation, as specified, the above requirement shall only become operative upon appropriation by the Legislature. The bill would also provide that this requirement and the above-described prohibition against discrimination on the basis of payment source be implemented only to the extent that these provisions do not conflict with federal law, that any necessary federal approvals are obtained, and that federal financial participation for the Medi-Cal program is available and is not otherwise jeopardized. Existing federal regulations require certain nursing facilities to post their resident census and specified nurse staffing data on a daily basis. This bill would require a skilled nursing facility that participates as a provider under the Medi-Cal program to make publicly available its current daily resident census and nurse staffing data, as defined. The bill would require the facility to make the information available either by posting it on the facility's internet website or by providing the information to a requester by telephone or email, as specified. The bill would exempt these requirements from the above-described and other related criminal penalties. The bill would find and declare that these requirements are not reimbursable under the Medi-Cal Long-Term Care Reimbursement Act, but that if reimbursement is found to be required by state or federal law or regulation, as specified, the above provision shall only become operative upon appropriation by the Legislature. Existing law requires that a contract of admission to a long-term health care facility state that, except in an emergency, a resident may not be involuntarily transferred or discharged from the facility unless the resident and, if applicable, the resident's representative, are given reasonable notice in writing and transfer or discharge planning as required by law. Existing law requires that the written notice state the reason for the transfer or discharge. This bill would require that the notice also include a specified statement relating to, among other things, restrictions on discharge from the facility or transfer within the facility solely as a result of changing the manner of purchasing services from private payment or Medicare to Medi-Cal payment, and certain resource information about facilities participating in Medi-Cal.

Existing law provides for the licensure and regulation of health facilities, including, but not limited to, skilled nursing facilities, by the State Department of Public Health. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Department of Health Care Access and Information (HCAI) , a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. The act requires the governing board or other governing authority of a hospital, before adopting plans for the hospital building, as defined, to submit to HCAI an application for approval, accompanied by the plans, as prescribed. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services (DHCS) , 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 DHCS to adopt regulations to certify providers enrolled in the Medi-Cal program, and applicants for enrollment as providers, including providers and applicants licensed as health care facilities. This bill would require a licensed skilled nursing facility that proposes to provide therapeutic behavioral health programs in an identifiable and physically separate unit of a skilled nursing facility, and that is required to submit an application and receive approvals from multiple departments, as specified above, to apply simultaneously to those departments for review and approval of application materials. The bill, when an applicant for approval from one of the specified departments is unable to complete the approval process because the applicant has not obtained required approvals and documentation from one or both of the other departments, would authorize the applicant to submit all available forms and supporting documentation, along with a letter estimating when the remaining materials will be submitted. The bill would require the receiving department to initiate review of the application, and would require final approval of the application to be granted only when all required documentation has been submitted by the applicant to each department from which approval is required. The bill would require the departments to work jointly to develop processes to allow applications to be reviewed simultaneously and in a coordinated manner, as specified.

Existing law imposes various requirements on work performed on a public works project, as defined, including requirements for minimum wages to be paid. Existing law requires the Labor Commissioner, after determining there has been a violation of these requirements, to issue a civil wage and penalty assessment to the contractor or subcontractor, or both. Existing law requires the assessment to be in writing and served not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last. Existing law provides for this time period to be tolled under specified conditions. Existing law generally limits claimants from commencing an action to enforce the liability on a payment bond at any time after the claimant ceases to provide work, but not later than 6 months after the period in which a stop payment notice may be given. This bill would provide a limitations period for any action on a payment bond filed by the Labor Commissioner to be governed by the same timing requirements for the Labor Commissioner to serve a civil wage and penalty assessment. This bill would incorporate additional changes to Section 1743 of the Labor Code proposed by SB 830 to be operative only if this bill and SB 830 are enacted and this bill is enacted last.

This measure would designate a specified portion of Interstate 80 in the City and County of San Francisco as the Willie Mays Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.