This measure would designate October 23, 2020, as Chinese American Day in California to highlight the important historical contributions of Chinese Americans to California and to the United States of America.
This measure would urge specified state departments and the Attorney General to use their authority to ensure that health care service plans and health insurers subject to their authority comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.
Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) , to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department pursuant to those contracts, as specified. Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of various entities, including primary care clinics, adult day health care centers, and home health agencies. This bill would exempt from licensure by the State Department of Public Health a primary care clinic, an adult day health care center, or a home health agency, that is approved by the State Department of Health Care Services to operate exclusively as part of a PACE organization or that provides services to individuals who are being assessed for eligibility to enroll in the PACE program for not more than 60 calendar days after an individual submits an application for enrollment. The bill would instead subject those entities to oversight and regulation by the State Department of Health Care Services. The bill would require those entities to comply with the operating standards described in their respective provisions, except as modified by the State Department of Health Care Services, to meet the needs of PACE participants or those individuals being assessed. The bill would require those entities to apply for licensure with the State Department of Public Health if they provide services to any other individuals, as specified. The bill would repeal related provisions as part of conforming changes. The bill would condition the transfer of powers between the 2 departments on the Director of Health Care Services determining, and communicating that determination in writing to the State Department of Public Health, that operating standards compliance programs have been established. The bill would require those PACE organizations to cooperate with the State Department of Health Care Services by providing the department with requested records or information or with access to inspect physical locations. The bill would authorize the department to refuse to enter into, or to terminate, a contract with a noncompliant or noncooperative PACE organization, or to require that PACE organization to submit a corrective action plan to bring it into compliance, as specified. The bill would authorize the department to enter into contracts, or to amend existing contracts, on a bid or negotiated basis, to implement these provisions, and would authorize the department to implement, interpret, or make specific these provisions by means of letters, bulletins, or other similar instructions, without taking regulatory action. The bill would require the department to implement these provisions no later than January 1, 2021, but only to the extent any necessary federal approvals are obtained and federal financial participation is available. The bill would require the department to establish an administrative fee to be paid by each of those PACE organizations, as specified, in an amount necessary to pay for reasonable costs of implementing and administering these provisions. The bill would create a special fund, the PACE Oversight Fund of the State Department of Health Care Services, for the deposit of the fees, to be expended upon appropriation by the Legislature. This bill would incorporate additional changes to Section 1206 of the Health and Safety Code proposed by AB 1037 to be operative only if this bill and AB 1037 are enacted and this bill is enacted last.
Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. Existing law requires a licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country to provide specific services that include certification to the federal government as to whether this state's intercountry adoption requirements have been met. Existing law requires a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state. This bill would repeal those readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, would require the State Registrar to issue a delayed registration of birth, as specified, and would authorize an adoptive parent to obtain a California birth certificate for that child. The bill would require an adoption agency to report the arrival of an adoptee whose adoption was finalized in a foreign country to the department within 14 calendar days, and would authorize the department to take disciplinary action if the adoption agency fails to report the arrival or fails to file a petition to readopt. This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities. This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.
Existing law requests the University of California to compile specified information, including a survey of existing resources throughout California's governmental and administrative structure that are available to address the needs of an aging society. Existing law requires the Secretary of the California Health and Human Services Agency, based upon the information compiled by the University of California and with the consultation or advice of specified entities, to develop a statewide strategic plan on aging for long-term planning purposes and submit the plan to the Legislature. By executive order, the Governor ordered that a master plan for aging be developed and issued to serve as a blueprint to implement strategies and partnerships that promote healthy aging and prepare the state for upcoming demographic changes. The executive order requires the Secretary of the California Health and Human Services Agency to convene a Cabinet-level Workgroup for Aging to advise the secretary in developing and issuing the master plan. This bill would require the secretary, in coordination with the Director of the California Department of Aging, to lead the development and implementation of the master plan established pursuant to that executive order. The bill would require the secretary and the director, with the assistance of the workgroup, to work with specified agencies, as needed, to identify policies, efficiencies, and strategies necessary to implement the master plan. The bill would also require the workgroup to solicit input and gather information to assist with the implementation of the master plan. The bill would require the department to submit a report to the Governor and the Legislature by October 1, 2020, and submit updates annually thereafter, until October 1, 2030, regarding the master plan.
Existing law requires the State Water Resources Control Board to examine and certify persons as to their qualifications to operate water treatment plants and water distribution systems. Existing law requires the certification to indicate the classification of water treatment plant or water distribution system that the person is qualified to operate. Existing law requires the board to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, prescribed territories or tribal governments, or a unit of any of these. Existing law requires the board to classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. Existing law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. This bill would require the board to evaluate opportunities to issue a water treatment operator certificate or water distribution operator certificate by reciprocity, or a wastewater certificate by examination waiver, to persons who performed duties comparable to those duties while serving in the United States military, as specified. The bill would require the board to evaluate opportunities to award experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility, water distribution system, or wastewater treatment plant while serving in the United States military. The bill would require the board, if it identifies opportunities and where appropriate, to issue those certificates by reciprocity or examination waiver to those persons or to award experience or education credits to those persons. Existing law requires the board to appoint an advisory committee of 10 members, as prescribed, to assist it in carrying out its responsibilities to examine and certify people to operate water treatment plants and water distribution systems. Existing law requires the advisory committee to review all proposed regulations and make recommendations to the board. This bill would add an additional member to the advisory committee who is an active or former member of the United States military with water treatment or distribution experience within their military service, as specified. Existing law requires the board to appoint an advisory committee to assist it in carrying out its wastewater treatment plant classification and operator certification responsibilities. This bill would add an additional member to the advisory committee who is an active or former member of the United States military with wastewater treatment or distribution experience within their military service, as specified.
Existing law prescribes the instruments and criteria by which a local agency, as defined, may invest and deposit its funds, including its surplus funds. Existing law, until January 1, 2021, authorizes a local agency, under certain conditions, to invest up to 30% of the agency's surplus funds in deposits at specified types of financial institutions that use a private sector entity to assist in the placement of deposits, as specified. Existing law, on and after January 1, 2021, authorizes a local agency, under certain conditions, to invest up to 30% of the agency's surplus funds in certificates of deposit at specified types of financial institutions. This bill would instead, commencing January 1, 2020, authorize a local agency to invest and deposit the agency's surplus funds in deposits at specified types of financial institutions whether those investments are in certificates of deposit or another form. The bill, from January 1, 2020, until January 1, 2026, also would increase to 50% the percentage of funds that can be so invested by a city, district, or other local agency that does not pool money in deposits or investments with other local agencies with a different governing body. The bill would, on and after January 1, 2026, authorize those same cities, districts, and agencies to invest up to 30% of the agency's surplus funds in the same manner described above. The bill would make additional conforming changes.
Existing law generally regulates classes of insurance, including life and long-term care insurance. Under existing law, a life insurance policy may accelerate long-term care benefits as an alternative to a life settlement. Existing law authorizes an accelerated death benefit to be added to a life insurance policy to provide for the advance payment of a part of the death proceeds if a qualifying event, including a terminal or chronic illness, occurs. Existing law imposes requirements on an insurer before the lapse or termination of a long-term care insurance policy or certificate, and requires a long-term care insurance policy or certificate to provide for reinstatement of coverage if the insured has a cognitive impairment and specified criteria are met. This bill would require a life insurance policy issued on or after January 1, 2021, that contains long-term care benefits and permits policy loans or cash withdrawals to not prohibit or limit a loan or withdrawal while the insured receives payment of long-term care benefits, except as specified. The bill would authorize the payment of an accelerated death benefit for long-term care to be applied toward repayment of a pro rata portion of an outstanding policy loan if the payment results in a pro rata reduction in the cash value of the life insurance policy. The bill would require an insurer to provide a statement to a policyholder or certificate holder at least 30 days before the first payment and no later than 30 days after every payment of an accelerated death benefit for long-term care that includes specified information, including an explanation of policy changes that would or did occur due to the payment. If an insurer approves a loan against or withdrawal from the cash value of a life insurance policy that accelerates benefits for long-term care, the bill would require the insurer to send the policyholder or certificate holder a statement with specified information, including a notice that a loan or cash withdrawal may adversely affect government benefits and may be taxable. The bill would require an applicant and agent for a universal life insurance policy that includes coverage for long-term care, as specified, to complete a disclosure relating to the risk of lapse and an offer of protection against lapse. Existing law requires a premium rate schedule for an individual or group long-term care insurance policy to be filed with and approved by the Insurance Commissioner before a policy is offered, sold, issued, or delivered. This bill would prohibit the Insurance Commissioner from approving an initial premium rate schedule for individual or group long-term care insurance that includes scheduled rate increases based on the attained age of the insured or the policy duration.
Existing law establishes the Department of Motor Vehicles in the Transportation Agency and sets forth the powers and duties of the department, including, but not limited to, vehicle registration and the issuance and renewal of driver's licenses. Existing law defines a "person," for the purposes of these and related provisions, as a natural person, firm, copartnership, association, limited liability company, or corporation. Under existing law, a violation of, or failure to comply with, any provision of the Vehicle Code is unlawful and constitutes an infraction, unless otherwise provided. This bill would make it unlawful for any person to sell, or offer for sale, an appointment with the department, as specified. Because a violation of this provision would be an infraction, the bill would create 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 regulates the terms and conditions of residential tenancies, and prohibits a landlord from demanding or receiving security for a rental agreement for residential property, however denominated, in an amount or value in excess of an amount equal to 2 months' rent, in the case of unfurnished residential property, and an amount equal to 3 months' rent, in the case of furnished residential property, in addition to any rent for the first month paid on or before initial occupancy. This bill, notwithstanding that provision and as specified, would prohibit a landlord from demanding or receiving security from a service member who rents residential property in which the service member will reside in an amount or value in excess of an amount equal to one months' rent, in the case of unfurnished residential property, or in excess of an amount equal to 2 months' rent, in the case of furnished residential property, as specified. The bill would also prohibit a landlord from refusing to enter into a rental agreement for residential property with a prospective tenant who is a service member because this provision prohibits the landlord from demanding a greater amount of security.
