Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) , provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, health care service plans and health insurers are required to offer specified types of coverage as part of their health care service plan contracts or health insurance policies. Existing law imposes specified requirements upon a health care service plan contract or health insurance policy that provides maternity coverage. This bill would require specified health care service plans and health insurers to include coverage for lactation consultation and the provision or rental of specified types of breast pumps, as defined, as part of their health care service plan contracts or health insurance policies that provide maternity coverage. Because this bill would specify additional requirements under the Knox-Keene Act, the willful violation of which would be a crime, it 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.
Sponsored bills
(1) Existing law establishes the California State University, administered by the Trustees of the California State University, and the University of California, administered by the Regents of the University of California, as 2 of the segments of public postsecondary education in this state. Existing law establishes the Hastings College of the Law, under the governance of the Board of Directors of the Hastings College of the Law, within the University of California. Existing law prescribes criteria for the disclosure of the names and addresses of alumni of the California State University, the University of California, and the Hastings College of the Law. Existing law requires that the names, addresses, and electronic mail addresses of alumni be disclosed only to provide those persons with informational materials relating to the California State University, the University of California, and the Hastings College of the Law, and its programs and activities; to provide those persons, or the trustees, auxiliary organizations of the California State University, as defined, or the Regents of the University of California, the Board of Directors of the Hastings College of the Law, or the alumni associations with beneficial commercial opportunities; or to promote and support the educational mission of the California State University, the University of California, the trustees, the regents, the Board of Directors of the Hastings College of the Law, or the alumni associations. Existing law authorizes this disclosure only if the trustees, auxiliary organizations, or the alumni associations, in the case of the California State University, or the regents, the board of directors, or the alumni associations, in the case of the University of California and the Hastings College of the Law, have a written agreement with a business, as defined, that maintains control over this data that requires the business to maintain the confidentiality of the names, addresses, and electronic mail addresses of the alumni, that requires that the university or the college retain the right to approve or reject any purpose for which the private information is to be used by the business and to review and approve the text of mailings sent to alumni, and that prohibits the business from using the information for any purposes other than those described, and the disclosure of alumni names, addresses, and electronic mail addresses does not include the names and addresses of alumni who have directed the trustees, the regents, the board of directors, or an alumni association or auxiliary organization, not to disclose their names, addresses, or electronic mail addresses. Existing law requires the California State University, the University of California, and the Hastings College of the Law to make available to its alumni a specified form or an alternative notice, including specified information, in a mailing or in an Internet posting, as prescribed, before alumni names, addresses, and electronic mail addresses may be disclosed. This bill would require the form to be provided to alumni through a link on the homepage of the Internet Web site of the alumni association or in the alumni association's privacy policy. The bill would also express the intent of the Legislature that, by July 1, 2014, the California State University, the University of California, and the Hastings College of the Law submit reports to the Legislature regarding compliance with these provisions. (2) Under existing law, these provisions are applicable to the University of California and the Hastings College of the Law only to the extent that the regents or the board of directors act, by resolution, to make them applicable. Existing law specifies that these provisions are repealed as of January 1, 2011. This bill would extend those repeal dates to January 1, 2016.
Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital benefits, as specified, and is required to provide notice of the maternity services coverage. This bill would require new forms for health insurance policies submitted to the department after January 1, 2010, to provide coverage for maternity services, as defined. With respect to policy forms on file with the department as of January 1, 2010, the bill would require health insurers to submit to the department, on or before March 1, 2010, revised policy forms that provide coverage for maternity services and would require insurers to include that coverage in the corresponding policies that are issued, amended, or renewed following the department's approval of the revised forms, as specified.
Existing law provides for the licensure and regulation of health facilities, including long-term health care facilities, by the State Department of Public Health. Violation of these provisions constitutes a misdemeanor. Existing law also requires long-term health care facilities to implement a theft and loss program, as specified, including a written patient personal property inventory. This bill would require, as part of the written patient personal property inventory in long-term health care facilities, a listing, by a unique identification number, of all patient-owned mobility, hearing, or breathing equipment, including, but not limited to, canes, walkers, wheelchairs, hearing aids, and oxygen equipment. Because the bill would create a new 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, the Mello-Granlund Older Californians Act, creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging. This bill would require the department to report data from the Elder Economic Security Standard Index (Elder Index) , as defined, for each service area included in the state plan, if specified conditions are met. Existing law requires each area agency on aging to create a plan for its planning and service area that considers available data and population trends, assesses the need for services, identifies sources of funding for services, and develops and implements a plan for the delivery of services based on the need. This bill would also require that the plan utilize the Elder Index, specify the cost of meeting basic needs for elders in each planning and service area, and identify which elders are living at or below the Elder Index, as prescribed.
Existing law establishes a comprehensive statewide domestic violence program in the California Emergency Management Agency (Cal EMA) and requires the agency to provide financial and technical assistance to local domestic violence centers. Existing law requires the Maternal and Child Health Branch of the State Department of Public Health to administer a comprehensive shelter-based services grant program to battered women's shelters, as prescribed. This bill would, among other things, require Cal EMA to administer the above-described grant program. This bill would require the Department of Finance, upon the enactment of this bill, to transfer $16,300,000 from the Alternative and Renewable Fuel and Vehicle Technology Fund to the General Fund as a loan. The bill would require the full amount of the loan to be repaid, with interest at the rate earned by the Pooled Money Investment Account at the time of the transfer, on or before June 30, 2013. The bill would appropriate $16,300,000 from the General Fund to Cal EMA for the purpose of funding the above-described comprehensive shelter-based services grant program to shelters for victims of domestic violence. This bill would require grantees funded under the above-described grant program, during the 2008–09 fiscal year, to be funded by Cal EMA for a period of one fiscal year, retroactively, commencing July 1, 2009. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensure of health facilities, including general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined, by the State Department of Public Health. Violation of these provisions is a misdemeanor. Existing law requires that, upon the issuance or renewal of a general acute care, acute psychiatric, or special hospital license, the department separately identify on the license each supplemental service, including the address of where each outpatient service is provided and the type of services provided at each outpatient location. Existing law authorizes licensed general acute care hospitals and acute psychiatric hospitals to provide in any alternative setting health care services and programs that may be provided by any other provider of health care outside of a hospital building or which are not otherwise specifically prohibited by provisions of existing law regulating these facilities. It also requires the state department and the Office of Statewide Health Planning and Development to adopt and enforce standards which permit these health facilities to use its space for alternative purposes. This bill would, among other things, require the department to approve a completed application by a licensed general acute care hospital that meets specified requirements to add or modify an outpatient clinic service as a supplemental service, add the outpatient service to the hospital license, and issue a new license, within 100 days of receipt of the completed application, unless the applicant does not meet specified requirements. The bill would limit the outpatient clinic service that is the subject of the application to providing only nonemergency primary health care services in a clinical environment to patients who remain in the outpatient clinic for less than 24 hours. The bill would define "outpatient clinic services" for purposes of the bill. By creating a new 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.
(1) The Marine Invasive Species Act generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel. The act requires the master, owner, operator, agent, or person in charge of a vessel that visits a California port or place of call to maintain specified information and records related to the vessel and ballast water management, and to make available or provide the information to the State Lands Commission. A person who, knowingly and with intent to deceive, falsifies a ballast water control report form required by the act is guilty of a misdemeanor. This bill would require the master, owner, operator, agent, or person in charge of a vessel carrying or capable of carrying ballast water that has a ballast water treatment system installed on board the vessel that is used to comply with the act to maintain on board the vessel, in written or electronic form, specified records that include material data safety sheets for certain chemicals, specified technical guides, publications, and manuals, and specified ballast water treatment system performance information. The bill also would require the master, owner, operator, agent, or person in charge of one of those vessels that has discharged ballast in waters of the state to provide to the commission the manufacturer and product name of the ballast water treatment system on board the vessel, the name of the organization that has approved the system, if applicable, the approval or certification number of the system technology, if applicable, the number of tanks and the volume of each tank that is managed using the system and that was discharged in waters of the state, and any additional information required by the commission by rule or regulation. The bill would require the master, owner, operator, agent, or person in charge of the vessel to provide that information on a form developed by the commission. Because a knowing and intentionally deceitful falsification of a report form required by the bill would be a crime, the bill would impose a state-mandated local program. The bill also would require the master, owner, operator, agent, or person in charge of a vessel subject to the act to maintain records of any additional information required by the commission by rule or regulation. (2) 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.
Under existing law, bedridden persons may be admitted to, and remain in, a community care facility, residential care facility for persons with chronic life-threatening illness, or a residential care facility for the elderly if the facility secures and maintains an appropriate fire clearance. Existing law defines "nonambulatory persons" for purpose of inspections by the State Fire Marshal. This bill would, for the purpose of fire clearance of these facilities, include within the definition of "nonambulatory person" a resident who is unable to independently transfer to and from bed but who does not need assistance turning and repositioning in bed.
Existing law establishes the federal Medicaid program, administered by each state, California's version of which is the Medi-Cal program. The Medi-Cal program, which is administered by the State Department of Health Care Services under the direction of the Director of Health Care Services, provides qualified low-income persons with health care services. Existing federal law establishes the Program of All‑Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals so that they may continue living in the community. Federal law permits states to implement the PACE program as a Medicaid state option. Existing state law authorizes the director to establish the California Program of All-Inclusive Care for the Elderly and establishes PACE program services as a covered benefit of the Medi-Cal program. Existing law authorizes the State Department of Health Care Services, and as applicable, the California Department of Aging and the State Department of Social Services, to grant exemptions to entities contracting with the department under the PACE program from certain provisions relating to clinics, community care facilities, residential care facilities for the elderly, home health agencies, and adult day health centers. This bill would add the State Department of Public Health to the list of departments that may grant exemptions, as applicable. This bill specifies that certain federal requirements of the PACE model not be waived or modified, including, among others, the interdisciplinary team approach to care management and service delivery and the provision of a PACE benefit package for all participants, regardless of source of payment, that includes all Medicare-covered items and services, all Medicaid-covered items and services, as specified in the state's Medicaid plan, and other services determined necessary by the interdisciplinary team to improve and maintain the participant's overall health status. This bill would also make technical, nonsubstantive changes to the above provisions.