(1) Under existing law, the State Department of Public Health regulates the licensure and operation of various health facilities, including long-term health care facilities, some of which are collectively classified as nursing homes. Existing law requires the department to conduct periodic inspections of health facilities for which a license or special permit has been issued, to ensure the quality of care. Existing law requires inspection of general acute care hospitals, acute psychiatric hospitals, and special hospitals, no less than once every 3 years and, for other health facilities, inspections no less than once every 2 years. This bill would revise these inspection requirements, as specified. (2) Existing law, the Long‑Term Care, Health, Safety and Security Act of 1973, requires the State Department of Public Health to conduct annual inspections, without notice, of long-term health care facilities that have not had serious violations of the act within the last 12 months. The act requires every facility to be inspected at least once every 2 years, and further requires the department to vary the cycle for conducting these inspections to reduce the predictability of the inspections. This bill would delete these inspection requirements.
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(1) Existing law provides for licensing and regulation of health care service plans by the Department of Managed Health Care. A willful violation of these provisions is a crime. Existing law provides for licensing and regulation of health insurers by the Insurance Commissioner. Existing law requires health care service plan contracts and health insurance policies to provide coverage for specified matters. This bill would provide that health care service plan contracts and health insurance policies may not deny coverage for medically necessary treatment of acquired brain injuries at any of various facilities that are properly licensed and accredited, as specified. The bill would also prohibit denial of coverage because the treating facility is not in or near the home of the enrollee or insured. Because the bill would change the definition of a crime with respect to health care service plans, it would thereby impose a state-mandated local program. (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.
Existing law provides for the licensure of various health facilities, including general acute care hospitals, skilled nursing facilities, and intermediate care facilities, and congregate living health facilities by the State Department of Public Health. Certain of these facilities are included under the category of long-term health care facilities, as defined. A violation of these provisions is a crime. Existing law requires each hospital to have in effect a written discharge planning policy and process that requires appropriate arrangements for posthospital care and a process that requires that each patient be informed, orally or in writing, of the continuing care requirements following discharge from the hospital, as specified, and additionally requires specific information to be provided to a patient anticipated to be in need of posthospital care. This bill would require a hospital that is required to provide, as part of its discharge policy, information to patients anticipated to need posthospital care, to provide the information both orally and in writing to the patient and, if necessary, to his or her representative, at the earliest possible opportunity prior to discharge. By changing the definition of an existing crime, this bill would impose a state-mandated local program. Existing law establishes the California Partnership for Long-Term Care Program and requires the State Department of Health Care Services to adopt regulations to administer the program. This bill would require the State Department of Health Care Services to initiate a process to develop or identify, by no later than July 1, 2013, a tool for the uniform long-term care services assessment of individuals in order to assist eligible consumers in finding long-term care services of their choice, as specified. The department would be required to submit a report on the use of these assessments to the Legislature. This bill, among other things, would require a county to establish a long-term care case management program for specified persons if the director makes a specified certification. The bill would require the program to provide prescribed services, including assessment of care needed for persons in long-term health care facilities, as defined, to enable them to reside in the community and the services necessary to provide that care, and would require the county or its designees to assign care managers to each long-term health care facility within the county. After these facilities are notified of the appropriate case manager, each facility would be required to inform the case manager when a new patient or resident is admitted and may need specified assistance. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The bill also would require a long-term health care facility to display at least one poster, in an area accessible to residents, advertising the telephone number of the facility's designated case manager, thus changing the definition of an existing crime and imposing a state-mandated local program. The bill would also require these persons, upon a discharge from a long-term health care facility, to be provided with prescribed services by the county, and would express intent pertaining to the funding of these services. Because the bill would impose various duties on each county, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies, including school districts, that establish and operate the schools and provide instruction to pupils throughout the state. Existing law also establishes the California Community Colleges as one of the segments of public postsecondary education in the state. This bill would prohibit a school district or a charter school, on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment, or that provides a pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. This provision would not apply to an employee who is terminated for cause, or provided with notice of possible termination for cause, due to a disciplinary action. This bill would prohibit a community college district, on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that district have experienced termination or reduction of salary due to state budget cutbacks, or that provides a pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that district have experienced termination or reduction of salary due to state budget cutbacks. This provision would not apply to an employee who is terminated for cause due to a disciplinary action.
This bill would urge the United States Patent and Trademark Office to place a satellite office in California.
(1) Existing law establishes the public school system in this state, and, among other things, provides for the establishment of school districts throughout the state and for their provision of instruction at the public elementary and secondary schools they operate and maintain. Existing law, the Interagency School Safety Demonstration Act of 1985, among other things, requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for schools operating kindergarten or any of grades 1 to 12, inclusive, and further requires the Department of Justice and the State Department of Education to contract with one or more professional trainers to coordinate statewide workshops for school districts, county offices of education, and schoolsite personnel to assist them in the development of school safety and crisis response plans. This bill, as of July 1, 2012, would encourage the inclusion of policies and procedures aimed at the prevention of bullying in comprehensive school safety plans. The bill also would require the Department of Justice and the State Department of Education to contract to provide training in the prevention of bullying, as defined in the bill. (2) Existing law requires each person between 6 and 18 years of age, inclusive, who is not otherwise exempt, to attend the public full-time day school in the school district in which his or her parent or guardian is a resident. Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the districts. Existing law requires the supervisor of attendance of the school district of residence to issue an individual permit verifying the district's approval, pursuant to policies of the governing board of the school district and terms of the agreement, for the transfer. Existing law establishes an appeal process for pupils whose permits are denied, or, in the absence of an agreement between the school districts, if the school districts fail or refuse to enter into an agreement. This bill, as of July 1, 2012, would require that a pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined, committed by a pupil of the school district of residence be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement, at the request of the person having legal custody of the pupil. To the extent this provision would impose new or additional duties on school districts, it would constitute a state-mandated local program. (3) Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the school district superintendent or the school principal determines that the pupil has committed any of various specified acts, including, but not limited to, bullying, as defined to include sexual harassment, hate violence, or harassment, threats, or intimidation. This bill, as of July 1, 2012, would amend the definition of bullying in this provision by specifying that bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, as defined, including, but not limited to, sexual harassment, hate violence, or harassment, threats, or intimidation, that has the effect or can reasonably be predicted to have the effect of placing a reasonable pupil, as defined, in fear of harm to that pupil's or those pupils' person or property, causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health, causing a reasonable pupil to experience substantial interference with his or her academic performance, or causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. (4) The bill would also make various technical and conforming changes. (5) 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 these statutory provisions.
Under existing law, every person engaged in the business of tattooing, body piercing, or permanent cosmetics is required to register with the county in which that business is conducted, obtain a copy of the county's sterilization, sanitation, and safety standards, as established by the California Conference of Local Health Officers and distributed by the State Department of Public Health, as specified, and pay a one-time registration fee of $25. Existing law allows the county to charge an additional fee, if necessary to cover the cost of registration and inspection, and allows a county to adopt regulations that do not conflict with, or are more comprehensive than, standards adopted by the department. Under existing law, a person who fails to register or who violates the sterilization, sanitation, and safety standards is liable for a civil penalty of up to $500, to be collected in an action brought by the prosecuting attorney of the county or city and county in which the violation occurred. This bill would, as of July 1, 2012, repeal these provisions and, instead, enact the Safe Body Art Act. The act would prohibit a person from performing body art, as defined, without registering annually with the local enforcement agency. The bill would require practitioners to comply with specified requirements, including, among other things, client information and questionnaires, vaccination, bloodborne pathogen training, and sanitation. The bill would also require the owner of a body art facility, as defined, to obtain and annually renew a health permit from the local enforcement agency, as specified, and to maintain the body art facility in a specified manner. This bill would exempt from the definition of body art the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, but would impose specified requirements on that practice. The bill would authorize a local enforcement agency to require facilities performing ear piercing in that jurisdiction to submit a notification form, as provided, with the local enforcement agency. The bill would authorize the local enforcement agency to charge a one-time facility notification fee in an amount between $25 and $45, but not in excess of the amount required to cover the actual costs of administering and enforcing the program. The bill would authorize a county, after December 31, 2015, to charge a different fee, established by local ordinance, so long as an increased fee amount is necessary to cover the actual costs of administering and enforcing the provisions. This bill would regulate the performance of body art in vehicles, temporary booths, and at body art events. The bill would require a person sponsoring a body art event to obtain a permit and fulfill specified requirements and would authorize a local enforcement agency to establish reasonable regulatory fees, including, but not limited to, a fee for body art events in an amount not to exceed, but sufficient to cover, the costs of enforcement. The bill would authorize specified inspection by an enforcement officer, and would provide for the suspension or revocation of a certificate of registration or a health permit in specified circumstances. The bill would make performing body art without being registered, operation of a body art facility without a health permit, or operation of a temporary body art event without a permit a misdemeanor and would authorize the local enforcement agency to assess an administrative penalty, in an amount not less than $25 and not more than $1,000, for violating a provision of the bill. The bill would also authorize the local enforcement agency, in addition to these penalties, to impose a penalty of up to three times the cost of the registration or permit on a practitioner, owner of a body art facility, or sponsor of a temporary body art event who fails to obtain needed permits. This bill would authorize a city, county, or city and county to adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of the bill as those provisions relate to body art. Because this bill would place the inspection and enforcement requirements on local governments and because it creates a new 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 specified reasons.
Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. A willful violation of these provisions is a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide benefits for specified conditions, including certain mental health conditions. This bill, effective July 1, 2012, would require those health care service plan contracts and health insurance policies, except as specified, to provide coverage for behavioral health treatment, as defined, for pervasive developmental disorder or autism. The bill would provide, however, that no benefits are required to be provided that exceed the essential health benefits that will be required under specified federal law. Because a violation of these provisions with respect to health care service plans would be a crime, the bill would impose a state-mandated local program. These provisions would be inoperative July 1, 2014, and repealed on January 1, 2015. The bill would require the Department of Managed Health Care, in conjunction with the Department of Insurance, to convene an Autism Advisory Task Force by February 1, 2012, to provide assistance to the department on topics related to behavioral health treatment and to develop recommendations relating to the education, training, and experience requirements to secure licensure from the state. The bill would require the department to submit a report of the Task Force to the Governor and specified members of the Legislature by December 31, 2012. Existing law establishes various communicable disease prevention and control programs. Existing law requires the State Department of Public Health to establish a list of reportable diseases and conditions and requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names and sets guidelines regarding these reports. Existing law requires the local health officers to report unduplicated HIV cases by name to the department. This bill would authorize the department to revise the HIV reporting form without the adoption of a regulation, as specified. Under the Bronzan-McCorquodale Act, the State Department of Mental Health administers the provision of funds to counties for community mental health services programs. Existing law also permits counties to receive, under certain circumstances, Medi-Cal reimbursement for mental health services. Under existing law, negotiated net amounts or rates are used as the cost of services in contracts between the state and the county and between the county and a subprovider of services. Existing law establishes the method for computing negotiated rates. Existing law prohibits the charges for the care and treatment of each patient receiving service from a county mental health program from exceeding the actual or negotiated cost of the services. This bill would only allow the use of negotiated net amounts as the cost of services in a contract between the state and a county and the county and a subprovider of services, and would eliminate the use of negotiated rates. The bill would also specify that the charges for the care and treatment of each patient receiving a service from a county mental health program shall not exceed the actual cost of the service. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Under existing law, the State Department of Health Care Services promulgates regulations for determining reimbursement of Short-Doyle mental health services allowable under the Medi-Cal program. Existing law requires the State Department of Mental Health and the State Department of Health Care Services to jointly develop a ratesetting methodology for use in the Short-Doyle Medi-Cal system that maximizes federal funding and utilizes, as much as practicable, federal Medicare reimbursement principles. Existing law requires that this ratesetting methodology contain incentives relating to economy and efficiency. The bill would delete the requirement that the ratesetting methodology in the Short-Doyle Medi-Cal system include incentives relating to economy and efficiency. 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.
The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit against those taxes for taxable years beginning on or after January 1, 2011, in an amount equal to a specified percentage of the qualified expenditures, as defined, attributable to the production of a qualified motion picture in California, or, where the qualified motion picture has relocated to California or is an independent film, as provided. Existing law requires the California Film Commission to allocate the tax credits until July 1, 2014, and limits the aggregate amount of credits that may be allocated to qualified motion pictures in any fiscal year to $100,000,000, through the 2013–14 fiscal year. This bill, under the Personal Income Tax Law and the Corporation Tax Law, would extend the California Film Commission's requirement to allocate the tax credits one additional year, until July 1, 2015. This bill would also extend the limit on the aggregate amount of credits that may be allocated through the 2014–15 fiscal year. This bill would take effect immediately as a tax levy.
The Sherman Food, Drug, and Cosmetic Law contains various provisions regarding the contents, packaging, labeling, and advertising of food, drugs, and cosmetics. The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of any of these provisions is punishable as a misdemeanor. This bill would prohibit a retailer from selling or offering for sale after the expiration date an over-the-counter drug, as defined. The bill would also prohibit a retail food facility from selling or offering for sale after the "use by" date infant formula or baby food that is required to have this date on its packaging pursuant to federal law. This bill would make a violation of its provisions an infraction, punishable by a fine of not more than $10 per day, calculated as prescribed. This bill would also authorize the department or an enforcement agency, as specified, to assess administrative penalties on a retailer who violates these provisions in the amount of $10 per day for each item sold or offered for sale in violation of these provisions, in addition to other penalties authorized by law. By creating new crimes and imposing additional duties on local officials, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.