Existing law provides for 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. This bill would establish the Medi-Cal Alcohol and Drug Screening and Brief Intervention Services Program, which would be administered by the department, in consultation with the State Department of Alcohol and Drug Programs, for the purpose of increasing the state's ability to make available alcohol and drug screening and brief intervention services to Medi-Cal beneficiaries who are pregnant women or women of childbearing age by authorizing a public entity, as defined, to provide or contract for these services for Medi-Cal beneficiaries who are pregnant women or women of childbearing age. The bill would require the department to administer the program in accordance with federal certified public expenditure requirements in certifying that a claimed expenditure for alcohol and drug screening and brief intervention services is eligible for federal financial participation. This bill would require the nonfederal share of expenditures submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation for services provided pursuant to the program to be comprised of only those funds that are paid by a public entity and certified in accordance with federal certified public expenditure requirements. The bill would require the department to promptly seek any necessary federal approvals for the implementation of the program. The bill would provide that participation in the program would be voluntary for a qualifying Medi-Cal beneficiary. The bill would also require the fact of whether a beneficiary participates in the program, and the results of any screening done under the program, to be maintained in the beneficiary's confidential medical records, as provided.
Sponsored bills
Existing law provides for the creation of the Adult Health Coverage Expansion Program as a pilot program in Santa Clara County to be administered by a local initiative in the county, at the option of the local initiative. The program provides health care coverage to eligible employees, as specified, of a small business, as defined, that participates in the program, not to exceed 5,000 employees in the county unless authorized by the Department of Managed Health Care. This bill would authorize the local initiative to provide similar complementary products, as defined, to provide health care services coverage to the spouses or domestic partners or eligible dependent children of program enrollees. Existing law defines a small business, for purposes of the pilot program, as an entity located in Santa Clara County that employs 50 or fewer persons, with at least 35% of the employees earning less than 350% of the federal poverty level for a family size of one. This bill would redefine small business as an entity that employs 50 or fewer persons, with at least 25% of the employees earning less than 350% of the federal poverty level. Existing law requires, for a small business to be eligible for the program, that at least 50% of the employees be eligible for coverage and that at least 50% of those eligible employees must choose to participate. This bill would make eligible for the program any business where at least 50% of the eligible employees choose to participate. Existing law requires the local initiative to establish copayment levels and amounts, as specified. This bill would delete that requirement. Existing law requires that the cost of the program be paid through a combination of small business contributions, employee premiums, county, federal, state, and private funding made available for this purpose. The bill would, instead, require that the cost be paid through a combination of small business contributions, employee premiums, and any additional local funds available for the program. The bill would require that employer complementary products be optional and would provide that no state or federal funds be used to pay for complementary products, and that no General Fund moneys shall be used for purposes of the program or any related complementary products.
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 also provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health care service plan contract and a health insurance policy are required to provide coverage for the diagnosis and treatment of severe mental illnesses of a person of any age. Existing law does not define "severe mental illnesses" for this purpose but describes it as including several conditions. This bill would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2010, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual IV. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees' Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. Because this bill would expand coverage requirements for health care service plans, 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.
Existing law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow individual taxpayers to designate on their tax returns, that a specified amount in excess of their tax liability be transferred to the Safely Surrendered Baby Fund, which would be created by this bill. This bill would provide that all moneys contributed to the fund, upon appropriation by the Legislature, be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the State Department of Social Services for programs to increase public awareness and outreach regarding the Safely Surrendered Baby Law, as specified. This bill would provide that these voluntary contribution provisions are repealed on either January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income tax return or on January 1 of an earlier calendar year, if the Franchise Tax Board estimates that the annual contribution amount will be less than $250,000, or an adjusted amount, as specified, for subsequent taxable years.
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.
The Corporation Tax Law, in specified conformity to federal income tax laws, imposes certain limitations on the use of built-in losses in conjunction with corporate reorganizations. This bill would clarify that a specified federal administrative notice relating to those limitations does not apply for purposes of California law. 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.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits, including hospital services. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law authorizes the California Medical Assistance Commission to negotiate selective provider contracts with eligible hospitals to provide inpatient hospital services to Medi-Cal beneficiaries. Existing law generally defines a disproportionate share hospital as a hospital that has disproportionately higher costs, volume, or services related to the provision of services to Medi-Cal or other low-income patients than the statewide average. Under existing law, an eligible disproportionate share hospital may receive supplemental Medi-Cal reimbursement for debt service on revenue bonds used for financing eligible capital projects. Under existing law, eligible projects include new capital projects funded by new debt for which final plans have been submitted to the Office of the State Architect (OSA) and the Office of Statewide Health Planning and Development (OSHPD) after September 1, 1988, and prior to June 30, 1994, except as specified. This bill would, to the extent federal financial participation is available, extend similar supplemental reimbursement provisions to capital projects of designated public hospitals, as defined, meeting prescribed requirements for which final plans have been submitted to OSHPD after January 1, 2007, and prior to December 31, 2011, provided those projects are related to meeting seismic safety deadlines. The bill would require a hospital qualifying for the supplemental reimbursement to submit documentation to the department regarding debt service on general obligation bonds or revenue bonds used for financing the construction, renovation, or replacement of hospital facilities. The bill would prohibit the expenditure of state funds for the nonfederal share of the supplemental reimbursement. The bill would require the department to claim federal expenditures through the use of certified public expenditures or intergovernmental transfers, as necessary and appropriate.
Under existing law, 2 or more public agencies may enter into an agreement to jointly exercise any power common to the contracting parties, as specified. This bill would provide that the Santa Clara Stadium Authority, a joint powers agency formed by the City of Santa Clara and the Redevelopment Agency of the City of Santa Clara, has the authority to acquire, finance, construct, manage, maintain, and operate a stadium and related facilities suitable for use by a professional football team, in addition to the powers common to the city and the redevelopment agency. The bill prohibits the redevelopment agency from expending property tax increment revenues to operate or maintain the stadium. This bill would authorize the Santa Clara Stadium Authority to let a design-build contract without utilizing a competitive bid process for the stadium construction project, if, among other requirements, a ballot measure endorsing the development of a stadium suitable for use by a professional football team is approved by voters in a citywide election, the design-build contract does not require expenditures from the general fund of the City of Santa Clara, and the design-build contract is not funded by contributions from the Redevelopment Agency of the City of Santa Clara or a community facilities district except as provided in the bill. The bill would provide that redevelopment agency funds and community facilities district funds may be used to fund subcontracts awarded pursuant to a competitive bidding process established by the joint powers agency. This bill would provide that for state highway improvement projects deemed necessary by the Department of Transportation based on the construction and maintenance of the stadium, the department is the responsible agency for project development services, as specified.
(1) The Santa Clara Valley Water District Act establishes the Santa Clara Valley Water District and specifies its powers and purposes relating to water supply and flood management. The act requires the board of the district, until January 1, 2010, to consist of 2 directors who are appointed and 5 directors who are elected in accordance with specified procedures. The act requires the board of directors, on and after January 1, 2010, to consist of 5 directors who are elected in accordance with specified procedures. This bill would repeal certain provisions of the act relating to the board of the district. The bill would revise the composition of the board of the district by requiring the board to transition to an all-elected board that, on and after noon on December 3, 2010, consists of 7 directors who are elected pursuant to specified requirements. The board also would be required to adopt a resolution establishing the boundaries of the 7 electoral districts. By imposing requirements on the district, the bill would impose a state-mandated local program. (2) The act requires the board of the district, on or before June 15 of each year, to meet at the time and place designated by published notice, at which meeting any member of the public may appear to be heard regarding any item in the proposed budget. This bill would require the board to review its financial reserves and its reserve management policy at this meeting. The bill would require the directors who serve on the board to comply with various requirements relating to the activities of persons who lobby the district, contract bidding, severance pay, travel reimbursement, and other matters. The bill would require the district to make available to the public specified reports prepared by district staff for the board. These requirements on the district would impose a state-mandated local program. (3) The act authorizes the district to impose special taxes at minimum rates according to land use category and size. The act authorizes the district to provide an exemption from these taxes for residential parcels owned and occupied by one or more taxpayers who are at least 65 years of age and meet a specified total household income limit. This bill would extend the exemption to an otherwise qualified taxpayer who qualifies as totally disabled under the federal Social Security Act. (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.
Existing law prohibits designated officers and employees of the Board of Administration of the Public Employees' Retirement System (PERS) and the Teachers' Retirement Board of the State Teachers' Retirement System (STRS) , who served in those positions for less than 5 years, from taking any specified action on behalf of any person, other than the state, to influence certain actions by the retirement boards or systems within 2 years after leaving that position. The County Employees Retirement Law of 1937 prohibits a member or employee of a retirement board from becoming an endorser, surety, or obligor on, or from having any personal interest in the making of an investment for the board, or in the gains or profits that accrue from those investments, except as specified. That law also prohibits a member or employee of a retirement board or board of investments from selling or providing any investment product that would be considered an asset of the retirement fund to a retirement system established under that law. This bill would include a member of the board, a deputy executive officer, and an assistant executive officer among those positions subject to the 2-year postemployment restriction, and would delete the qualification that the person have served in that position for less than 5 years. The bill also would make that postemployment restriction applicable to designated officers and employees, board members, and administrators of county retirement systems and specified employees of other public pension and retirement systems. This bill would require the retirement boards of each public pension or retirement system to develop and implement, on or before June 30, 2010, a policy requiring the disclosure of payments to placement agents, as defined, in connection with system investments in or through external managers, as defined. The bill would prohibit an external manager or placement agent that violates that policy from soliciting new investments from the system for 5 years after the violation was committed, but would provide for the reduction of that prohibition as specified. The bill also would prohibit the system from entering into any agreement with an external manager that does not agree in writing to comply with the policy. The bill would require a placement agent, prior to acting as a placement agent in connection with any potential system investment, to disclose to the board all campaign contributions made by the placement agent to any elected member of the board, and all gifts given to any member of the board, during the prior 24-month period, and to disclose any subsequent campaign contribution made by the placement agent to an elected member of the board, or a subsequent gift given to any member of the board, during the time the placement agent is receiving compensation in connection with a system investment. The bill would prohibit a member or employee of the board from, directly or indirectly, by himself or herself, or as an agent, partner, or employee of a person or entity other than the board, selling or providing any investment product that would be considered an asset of the fund to any public retirement system in California. This bill would declare that it is to take effect immediately as an urgency statute.