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.
Sponsored bills
(1) The Personal Income Tax Law and the Corporation Tax Law impose taxes on, or measured by, income. Existing law allows a tax return or return information filed under those laws to be disclosed in a judicial or administrative proceeding pertaining to tax administration under certain circumstances. Existing law requires every board, as defined under the Business and Professions Code, and the Department of Insurance to, upon request of the Franchise Tax Board, furnish to the Franchise Tax Board certain information with respect to every licensee. This bill would require a state governmental licensing entity, as defined, issuing professional or occupational licenses, certificates, registrations, or permits to provide to the Franchise Tax Board the name and social security number or federal taxpayer identification number of each individual licensee of that entity. The bill would require the Franchise Tax Board, if an individual licensee fails to pay taxes for which a notice of state tax lien has been recorded, as specified, to send a notice of suspension to the licensee. The bill would provide that the license of a licensee who fails to satisfy the unpaid taxes by a certain date shall be automatically suspended, except as specified, and would require the Franchise Tax Board to mail a notice of suspension to the applicable state governmental licensing entity and to the licensee, and would provide that the suspension be canceled upon compliance with the tax obligation. The bill would require the Franchise Tax Board to meet certain requirements and would make related changes. The bill would make implementation of its provisions contingent upon appropriation of funds for that purpose in the annual Budget Act. (2) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use or other consumption in this state, measured by sales price. That law defines a "retailer engaged in business in this state" to include retailers that engage in specified activities in this state and requires every retailer engaged in business in this state and making sales of tangible personal property for storage, use, or other consumption in this state to register with the State Board of Equalization and to collect the tax from the purchaser and remit it to the board. This bill would include in the definition of a "retailer engaged in business in this state" any retailer entering into agreements under which a person in this state, for a commission or other consideration, directly or indirectly refers potential purchasers, whether by a link or an Internet Web site or otherwise, to the retailer, provided the total cumulative sales price from all sales by the retailer to purchasers in this state that are referred pursuant to these agreements is in excess of $10,000 within the preceding 12 months, except as specified. (3) The Sales and Use Tax Law requires a person conducting business as a seller of tangible personal property in this state to obtain a permit from the State Board of Equalization for each place of business and also requires a person selling tangible personal property for storage, use, or other consumption in this state to register with the State Board of Equalization. This bill would require a qualified purchaser, as defined, to register with the State Board of Equalization and to report and pay by April 15, commencing with April 15, 2010, the use tax owed for the previous calendar year, as provided. This bill would not apply to the purchase of a vehicle, vessel, or aircraft. (4) The Franchise Tax Board administers the Personal Income Tax Law and the Corporation Tax Law. Existing law authorizes persons that are required to withhold taxes from recipients of income to require the recipients of the income to provide that person with the recipient's name and address. This bill would require the recipient of income to also provide the person paying the income with the recipient's social security number or other taxpayer identification number if requested by the person paying the income. (5) Existing law provides that the Franchise Tax Board, may, by regulation, require any person to withhold an amount, determined by the Franchise Tax Board to reasonably represent the amount of tax due, as specified, and to transmit the amount withheld to the Franchise Tax Board at a designated time. This bill would, in modified conformity with the federal income tax law, require backup withholding, as provided, at a rate of 7% on specified payments made on or after January 1, 2010, whenever such payments are subject to federal backup withholding. (6) Existing law requires the Franchise Tax Board to prepare wage withholding tables to be used by employers for purposes of withholding taxes on wages paid. Existing law allows, in lieu of the withholding tables, withholding at a rate of 6% with respect to supplemental wages and at a rate of 9.3% with respect to stock options and bonus payments. This bill would, for wages paid on or after October 1, 2009, require the wage withholding tables to produce a sum that is equal to 10% more than the sum specified for purposes of the withholding tables. This bill would, also increase the withholding rates to 6.6% for supplemental wages and to 10.23% for stock options and bonus payments paid on or after October 1, 2009. (7) Existing law requires every employer who pays wages to an employee for services performed in this state to withhold from those wages, except as provided, specified income taxes, and authorizes the Franchise Tax Board to impose specified requirements for withholding of those taxes. This bill would, on and after January 1, 2010, require a person engaged in a trade or business required to file a federal Form 1099-MISC, as described, to deduct and withhold tax for medical and health care payments and nonemployee compensation in the amount of 3% of payments to residents and 7% of payments to nonresidents, with certain exceptions. The bill would require all state agencies to cooperate with the Franchise Tax Board to expedite associated procurement, and the development, implementation, and operation of this withholding program. This bill would establish a new crime with respect to the failure to withhold taxes, and thus would create a state-mandated local program. (8) Existing income tax laws require specified individuals to pay estimated income taxes in installments and impose additional liability for underpayments. This bill would adjust the amount of those installments under specified circumstances. (9) The Personal Income Tax Law and the Corporation Tax Law impose a penalty for underpayment of estimated tax. Existing law provides for a credit based on taxes withheld on wages, in modified conformity with federal income tax laws, against the estimated tax payments, including a provision that "an equal part" of that amount is deemed paid on each due date for a taxable year. This bill would substitute "the applicable percentage," as defined, for "an equal part" under this provision, as provided. (10) Existing laws require the Franchise Tax Board to administer specified taxes and collect those taxes from delinquent tax debtors. This bill would require the board, in coordination with financial institutions doing business in this state, to operate a Financial Institution Record Match System utilizing automated data exchanges to the maximum extent feasible in order to allow the board to match its list of delinquent tax debtors with the lists provided by the financial institutions. The bill would authorize the board to disclose specified taxpayer information for purposes of data matching, to institute civil proceedings to enforce specified provisions of the bill, and would impose specified penalties on financial institutions for failure to provide records in connection with the match system, as provided. This bill would provide that the specified use of certain data is a misdemeanor. (11) Existing law imposes various taxes and fees, and certain penalties in connection with tax avoidance and abusive tax shelters, including reportable transactions. This bill would expand the definition of reportable transactions to include abusive tax avoidance transactions, as defined, and transactions of interest, as defined. This bill would also make technical, nonsubstantive changes to conform to this reference. (12) 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. (13) 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.
(1) Existing law requires the county superintendent of schools of each county, among other specified duties, to make annual visits to each school in his or her county to observe its operation and to learn of its problems. Existing law requires that the priority objective of those visits be the determination of whether each school has sufficient textbooks, as defined. Existing law states for the 2008–09 and 2009–10 fiscal years the intent of the Legislature that each pupil be provided with the same state-adopted standards-aligned text book or instructional material as is provided to every other pupil enrolled in the same grade and same course offered by the local educational agency. This bill for the 2008–09 to 2012–13 fiscal years, inclusive, would exclude supplemental materials as specified from the aforementioned statement of legislative intent. The bill would state the intent of the Legislature that local educational agencies not be required to purchase the mathematics and English language arts instructional materials that are adopted in the same year or in consecutive years. (2) Existing law requires a revenue limit to be calculated for each county superintendent of schools, adjusted for various factors, and reduced, as specified. Existing law reduces the revenue limit for each county superintendent of schools for the 2008–09 fiscal year by a deficit factor of 7.839% and for the 2009–10 fiscal year by a deficit factor of 13.360%. This bill would increase the deficit factor for each county superintendent of schools for the 2008–09 fiscal year to 11.183% and for the 2009–10 fiscal year to 17.313%. (3) Existing law makes child development appropriations, with the exception of funds appropriated for the After School Learning and Safe Neighborhoods Partnerships Program and for CalWORKs child care available for expenditure for 3 years, except that funds remaining unencumbered at the end of the first fiscal year are required to revert to the General Fund. Existing law requires the Superintendent of Public Instruction to establish criteria and procedures for the reallocation of unearned contract funds in the 2nd and 3rd years of availability, in accordance with specified priorities. This bill would repeal these provisions. (4) Existing law appropriates funds to the County of Los Angeles to address the retention of qualified child care employees in state-subsidized child care centers and to licensed child care programs that serve a majority of children who receive subsidized child care services, including family day care homes. To qualify for use in licensed child care programs that serve a majority of children who receive subsidized child care services, the funds are required to meet specified requirements, including that they be appropriated in specified schedules of an item in specified Budget Acts. This bill would change this requirement by instead requiring that the funds be appropriated in the annual Budget Act. (5) Existing law requires cost of state-funded child care services to be governed by regional market rates. Beginning March 1, 2009, the regional market rate ceilings are required to be established at the 85th percentile of the 2007 regional market rate survey for that region, and for the 2008–09 and 2009–10 fiscal years, the 85th percentile ceilings of the 2007 regional market rate survey for that region are required to remain in effect. This bill would instead set the regional market rate ceiling at the 85th percentile of the 2005 regional market rate survey for that region and delete the ceilings set for the 2008–09 and 2009–10 fiscal years. (6) Existing law requires the Department of Finance, by March 1 of each year, to provide to the State Department of Education the state median income amount for a 4-person household in California based on the best available data. The State Department of Education is required to adjust its fee schedule for child care providers to reflect this updated state median income. This bill would prohibit changes from being implemented midyear. (7) Existing law establishes the School Age Community Child Care Services Program for the provision of extended day care services. This bill would make this program inoperative on September 1, 2009, or on the effective date of this bill, whichever is later, and would repeal it as of January 1, 2010. (8) Existing law requires that the funds from the sale of surplus school real property be used for capital outlay or for costs of maintenance of prescribed school district property.This bill until January 1, 2012, would authorize a school district to deposit from the sale of surplus school property, together with any personal property located on that property, purchased entirely with local funds, into the general fund of the school district and to use those proceeds for any one-time general fund purpose. The bill would make the district ineligible for hardship funding from the State School Deferred Maintenance Fund for 5 years after the date the proceeds are deposited into the district's general fund. The bill would require the State Allocation Board to reduce an apportionment of hardship assistance awarded to that district, as specified. Before exercising the authority granted by the bill, the governing board of the school district would be required to submit documents containing specified certifications to the State Allocation Board and, at a regularly scheduled meeting, present a plan for expending the proceeds of the sale. (9) Existing law, for the 2003–04 and 2004–05 fiscal years, sets the minimum state requirement for a local educational agency's reserve for economic uncertainties at12 of the percentage for a reserve adopted by the State Board of Education as of May 1, 2003, and restores that requirement, for the 2005–06 fiscal year, to the percentage adopted by the state board as of May 1, 2003.This bill would set that requirement for the 2009–10 fiscal year at 13 of the percentage for a reserve adopted by the state board as of May 1, 2009, and would require a school district to make progress in the 2011–12 fiscal year to returning to compliance with the specified standards and criteria adopted by the state board. The bill would restore the requirement, for the 2005–06 fiscal year, to the percentage adopted by the state board as of May 1, 2009.(10) The California Constitution requires the state to apply a minimum amount of funding for each fiscal year for the support of school districts and community college districts. The amount of that minimum funding obligation is required to be determined pursuant to 1 of 3 tests, depending on certain economic factors. The California Constitution requires, in a fiscal year when the 3rd of these tests is applied or when the minimum funding obligation is suspended, school districts and community college districts are entitled to a maintenance factor, that is required to be equal to an amount determined pursuant to a specified calculation.This bill would provide that a maintenance factor is required in any fiscal year in which the total amount of funding applied for the minimum funding obligation by the state for school districts and community college districts is less than the greater of the amounts computed pursuant to test 1 or test 2. The bill would provide that payment of the maintenance factor created in the 2008–09 fiscal year would not commence before July 1, 2011. The bill would require that any judicial action or proceeding to challenge, review, set aside, void, or annul these provision to proceed by application or complaint filed within 45 days of the effective date of this bill. (11) Existing law requires the county superintendent of schools to determine a revenue limit for each school district in the county and requires the amount of the revenue limit to be adjusted for various factors. Existing law reduces the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 7.844%, and for the 2009–10 fiscal year by a deficit factor of 13.094%. This bill would instead reduce the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 11.187%, and for the 2009–10 fiscal year by a deficit factor of 17.048%, and would set forth a mechanism by which basic aid school districts would assume categorical funding reductions proportionate to the revenue limit reductions implemented for nonbasic aid school districts. Existing law states the intent of the Legislature to fully fund the categorical block grant for charter schools and sets forth a mechanism to appropriate additional funding if needed for unanticipated increases in average daily attendance and counts of economic impact aid-eligible pupils. This bill would suspend until July 1, 2013, the statement of intent to fully fund the categorical block grant for charter schools and the mechanism for appropriating additional needed funding. (13) Existing law prescribes the minimum length of time for the instructional school year and the minimum number of instructional minutes per schoolday. Existing law imposes fiscal penalties on school districts and county offices of education that fail to maintain those minimum instructional times per school year or schoolday. This bill, commencing with the 2009–10 school year and continuing through the 2012–13 school year, would authorize a school district, county office of education, and charter school to reduce the equivalent of up to 5 days of instruction or the equivalent number of instructional minutes without incurring the fiscal penalties. (14) Existing law establishes the Instructional Materials Funding Realignment Program that requires the State Department of Education to apportion funds to school districts and requires the governing board of a school district to use that funding to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials by the beginning of the first school term that commences no later than 24-months after those materials were adopted by the State Board of Education, except as specified. Existing law exempts, until July 1, 2010, school districts from the 24-month requirement. This bill would extend that exemption until July 1, 2013, and would provide that the State Department of Education and the State Board of Education are prohibited from prohibiting a school, school district, county office of education, or charter school that has been identified for program improvement or corrective action under the federal No Child Left Behind Act of 2001 from implementing the exemption. Existing law requires each pupil completing grade 12 to successfully pass the exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Existing law requires that each pupil take the high school exit examination in grade 10 and allows each pupil to take the examination during each subsequent administration until each section of the examination has been passed. This bill, commencing with the 2009–10 school year until June 30, 2013, would suspend the requirement that each pupil completing grade 12 pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school and would continue requiring each pupil to take the high school exit examination in grade 10. The bill would redirect the expenditure of any remaining funds appropriated in the Budget Act of 2009 for the California high school exit examination to the STAR program, thereby making an appropriation. (15) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Cal Grant Program) , establishes the Cal Grant A and B entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law sets forth the maximum household income and asset levels for participants in the various grant programs under the act. These maximum levels are set forth as they were adopted by the commission for the 2001–02 academic year, but have been annually adjusted based on the percentage change in the cost of living as defined in a specified provision of the California Constitution. This bill would, with respect to the maximum household income and asset levels applicable to a Cal Grant A award, prohibit the commission from making the annual cost-of-living adjustment for the 2010–11 academic year. (16) Existing law establishes the long-term policy of the Cal Grant Program, which sets forth, among other things, the maximum amounts of Cal Grant A and Cal Grant B awards for students attending nonpublic postsecondary institutions. This bill would, commencing with the 2010–11 academic year, require the maximum Cal Grant A and Cal Grant B awards for students attending nonpublic institutions to be equal to $9,223, or the amount as adjusted in subsequent annual budget acts. (17) Existing law establishes community college districts under the administration of community college governing boards and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires the governing board of each community college district to charge each student, with specified exceptions, a fee of $20 per unit per semester, effective with the spring term of the 2006–07 academic year. This bill would increase that fee to $26 per unit per semester, effective with the fall term of the 2009–10 academic year. (18) Under existing law, the board of governors is required to develop criteria and standards for the purposes of making the annual budget request for the California Community Colleges to the Governor and the Legislature, pursuant to specified minimum requirements. Among those requirements, existing law requires, except as otherwise provided, that specified categorical programs providing direct services to students be funded separately through the annual Budget Act. This bill would, for the 2009–10 to 2012–13 fiscal years, inclusive, authorize a community college district to use funds apportioned to the district for specified categorical programs for purposes of a prescribed list of programs. The bill would prescribe public hearing and reporting requirements as a condition of receiving these funds. The bill would require the Chancellor of the California Community Colleges to annually report these expenditures to the Department of Finance and the Legislature, as specified. (19) Existing law requires the county superintendent of schools to approve, conditionally approve, or disapprove the adopted budget for each school district and requires the Superintendent of Public Instruction to review and certify the budget approved by the county superintendent of schools. Existing law requires the governing board of a school district to certify twice each fiscal year whether the district is able to meet its financial obligations for the remainder of the fiscal year and the subsequent fiscal year. The certification is required to be filed with the county superintendent of schools who is required to submit a qualified or negative certification to the Controller and Superintendent. This bill, for the 2009–10 fiscal year, would prohibit a county superintendent of schools and the Superintendent of Public Instruction from assigning a qualified or negative certification to a local education agency based substantially on a projected loss of federal funds provided through the federal State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act in the 2011–12 fiscal year. The bill would authorize the Superintendent to convene a standards and criteria committee to modify the budget and financial review criteria to incorporate this change for the 2009–10 fiscal year. (20) The bill would declare that the changes in law made by this bill would be operative commencing on July 1, 2009, and thus apply retroactively. (21) 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, 2009. 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.
(1) Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, to administer all services and perform all functions necessary to establish, collect, and distribute child support. Existing law requires the department, among other duties, to reduce the cost of, and increase the speed and efficiency of, child support enforcement operations. This bill, effective October 1, 2010, if the bill is enacted after October 1, 2009, or on the first day of the first month following the effective date of the bill, would require the department to impose a $25 administrative fee on a never-assisted custodial party receiving specified services from the child support program, if the annual amount of child support payments collected on behalf of the custodial party is $500 or more. Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support, and requires the department and the local child support agency to promptly and effectively collect and enforce child support obligations. This bill would require an appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities to be subject to specified requirements, including, but not limited to, requiring each local child support agency to submit an early intervention plan to the department, and requiring the department to report to the fiscal committees of the Legislature by January 1, 2010, to track and evaluate the impact of the budget augmentation on revenue collections and cost-effectiveness. By placing new responsibilities on local child support agencies, this bill would impose a state-mandated local program. This bill would require the department and the Office of the Chief Information Officer to jointly produce an annual report to be submitted to the appropriate policy and fiscal committees of the Legislature on the ongoing implementation of the California Child Support Automation System (CCSAS) , as specified. (2) Existing law requires the State Department of Social Services to charge an application fee for the initial licensure and renewal of a license to operate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and child day care facilities. These fees are used by the department, upon appropriation by the Legislature, for the licensing and related activities of the department. This bill would increase these fee schedules, as prescribed. (3) Under existing law, the state, through the State Department of Social Services and county welfare departments, is required to establish and support a public system of statewide child welfare services. Existing law also establishes that a case plan, which is required to be adopted by the county for each child receiving child welfare services, such as dependent children and wards of the juvenile court and children in foster care, and which includes prescribed information, is the foundation and central unifying tool in child welfare services. This bill, effective January 1, 2010, would require Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care, as specified. (4) The Mello-Granlund Older Californians Act establishes the Community-Based Services Network, administered by the California Department of Aging, which, among other things, requires the department to enter into contracts with local area agencies on aging to carry out the requirements of various community-based services programs. Among these programs are the Alzheimer's Day Care-Resource Center Program and the Linkages Program. The Alzheimer's Day Care-Resource Center Program is required to provide access to specialized day care resource centers for individuals with Alzheimer's disease and other dementia-related disorders, and to provide support to their families and caregivers. The Linkages Program is required to provide care and case management services to frail elderly and functionally impaired adults in order to help prevent or delay placement in nursing facilities. Under the Alzheimer's Day Care-Resource Center Program, direct services contractors provide a program of specialized day care for participants with dementia. Existing law imposes requirements on these direct services contractor as a condition of eligibility to receive funding under the program. This bill would delete certain of the requirements applicable to the direct services contractors under the Alzheimer's Day Care-Resource Center Program, and instead would encourage a direct services contractor to perform these activities to the extent possible, within their resources. This bill would require the department, by a specified date, to issue specified revised documentation to contractors regarding prioritization of low-income individuals under the Linkages Program, and would require the contractors to give these individuals priority for enrollment subsequent to the provision of the revised documentation. (5) Existing law requires the State Department of Social Services to ensure that performance outcomes for specified public social services programs are monitored at the state and county levels, as specified. Existing law requires the department, if it finds that a county is experiencing significantly worsened outcomes, to report this finding to the appropriate fiscal and policy committees of the Legislature, as specified. Under existing law, if the state is subject to a fiscal penalty for failure to achieve the outcomes required by federal law, counties that failed to meet the federal requirements are required to share in the federal penalty. This bill would relieve counties from the imposition of a penalty pursuant to these provisions for outcomes achieved from July 1, 2009, to June 30, 2010, inclusive, as specified. Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide benefit payments to recipients of aid under the CalWORKs program. This bill would provide for the allocation of funds received by the state from the federal Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs, in accordance with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) , to pay county costs for certain wage subsidy programs and nonrecurrent short-term benefit programs, as defined, notwithstanding the provisions of the existing allocation. The bill would revise the definition of needy families for purposes of these provisions. The bill would make these provisions inoperative October 1, 2010, unless the Director of Social Services determines that federal law authorizes federal reimbursement beyond that date. (6) Existing law requires the Office of Systems Integration in the State Department of Social Services to implement a statewide automated welfare system for 6 specified public assistance programs, and requires statewide implementation of the system to be achieved through 4 designated county consortia. This bill would authorize the county consortia to make designated changes with respect to expenditures within the consortia's approved annual budget, as specified. (7) Existing law requires the department and the Health and Welfare Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under designated social services programs, including the CalWORKs program. This bill would eliminate these provisions. (8) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Existing law requires, with certain exceptions, that an individual participate in work activities, as defined, in order to remain eligible for CalWORKs benefits. This bill would add to those individuals exempted from participating in welfare-to-work activities certain parents or other relatives who have primary responsibility for caring for one or more children, as specified. The bill would authorize counties to provide and discontinue additional participation exemptions, as prescribed. The bill would make these provisions inoperative as of January 1, 2012. Existing law requires the State Department of Social Services, with respect to counties that implement a welfare-to-work plan that includes designated subsidized work activities, to pay the county 50% of the participant's wage subsidy, subject to specified conditions. This bill would make the above provisions inoperative from the date that the bill takes effect until September 30, 2010, unless the department makes specified determinations concerning the provisions relating to the allocation of funds received from the federal Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs. Existing law provides for funding under the CalWORKs program for designated mental health and substance abuse treatment services. This bill would give counties the option to redirect funding from and to the amounts appropriated for CalWORKs mental health employment assistance services and CalWORKs substance abuse treatment services, from and to other specified CalWORKs employment services. Existing law provides that a parent or caretaker relative shall not be eligible for CalWORKs aid when he or she has received aid for a cumulative total of 60 months. Existing law excludes months in which certain conditions exist from being counted as a month of receipt of aid for these purposes. This bill would add to the conditions that establish an exclusion from the 60-month requirement months in which a recipient is excused for good cause from welfare-to-work activities because he or she lacks necessary support services, as specified. The bill would also exclude, until July 1, 2011, months in which the recipient is exempt from participation due to caretaking responsibilities that impair the recipient's ability to be regularly employed. To the extent that the bill would expand CalWORKs eligibility, the bill would impose a state-mandated local program. State funds are continuously appropriated to pay for a share of costs under the CalWorks program. This bill would provide that no appropriation would be made for purposes of this bill. (9) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires that the TAP commence on or before April 1, 2010. This bill would extend the date by which the TAP shall commence to October 1, 2010. (10) Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. The program is funded by state and county funding and available federal funds. Existing law requires the rate paid on behalf of children eligible for a Kin-GAP payment to equal 100% of the rate for children placed in a licensed or approved foster home under the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program. Existing law establishes the rate to be paid for 24-hour out-of-home care and supervision provided to children who are both consumers of regional center services and recipients of AFDC-FC benefits, with this rate to be known as a dual agency rate. This bill, effective October 1, 2009, or, if the bill becomes effective after October 1, 2009, effective on the first day of the first month after the effective date of the bill, would require a child's Kin-GAP rate to be the amount of the dual agency rate if the child, while in foster care, received, a dual agency rate immediately prior to his or her enrollment in the Kin-GAP program. The bill also would require, effective October 1, 2009, or, if the bill becomes effective after October 1, 2009, effective on the first day of the first month after the effective date of the bill, a child receiving designated early intervention services who is receiving AFDC-FC benefits immediately prior to his or her enrollment in the Kin-GAP program, to be considered and assessed for a dual agency rate. It would require his or her Kin-GAP rate to be set at the amount of the dual agency rate. Because the Kin-GAP program is administered by the counties, this bill would increase county duties, thereby imposing a state-mandated local program. (11) Existing law provides for the AFDC-FC program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, foster care providers licensed as group homes have rates established by classifying each group home program and applying a standardized schedule of rates. An adjusted schedule of rates is applicable to group home programs that receive AFDC-FC payments for services performed during the 2002–03 to 2008–09, inclusive, fiscal years. This bill would extend application of the adjusted schedule of rates through the 2009–10 fiscal year, as specified. This bill would revise RCL point ranges for group home programs that receive AFDC-FC payments for services performed during 2009–10 fiscal year, as specified. Effective October 1, 2009, or, if the bill becomes operative after October 1, 2009, effective on the first day of the first month after the effective date of the bill, this bill would reduce by 10% the standardized schedule of rates for group homes, the rates of licensed group home providers whose rates are not established under the standardized schedule, and foster family agency rates. Existing law requires the State Department of Social Services to implement intensive treatment foster care programs for eligible children. Existing law establishes standard rate schedule of service and rate levels for these programs, and provides for the annual adjustment of these rates, as specified. This bill, effective October 1, 2009, or, if the bill becomes operative after October 1, 2009, effective on the first day of the first month after the effective date of the bill, would reduce by 10% the standardized rates applicable to intensive treatment foster care programs. Existing law requires the State Department of Social Services to perform or have performed group home program and fiscal audits, as needed, and requires group home programs to maintain specified information affecting ratesetting and AFDC-FC payments for a period not less than 5 years. Existing law prohibits the department from reducing a group home's AFDC-FC rate or rate classification level, or from establishing an overpayment based upon a nonprovisional program audit, for a period of less than one year. This bill would delete the provision prohibiting the department from reducing a group home's AFDC-FC rate or rate classification level (RCL) for a period of less than one year under the above circumstances, except under designated circumstances when the provider's audited RCL is no more than 3 levels below the paid RCL. Existing law requires the Director of Social Services to establish administrative procedures to review group home audit findings, and authorizes a group home provider to request a hearing to examine any disputed audit finding, as specified. Under existing law, the director is required to take one of 3 specified actions within 120 days of submission of a proposed hearing decision. This bill would require the proposed decision to take effect by operation of law if the director fails to take action within the prescribed time period. (12) Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. This bill, effective October 1, 2009, or if the bill becomes effective after October 1, 2009, on the first day of the first month after the effective date of the bill, would reduce the SSI/SSP maximum aid payment for a married couple to equal the minimum amount required by the federal Social Security Act in order to maintain eligibility for federal funding, as specified. The bill would reduce the maximum aid payment for an individual by 0.6%, as specified. This bill would exempt specified payment categories from these reductions. (13) Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority, or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law provides for the payment of a supplementary benefit under the IHSS program to any eligible aged, blind, or disabled person who is receiving Medi-Cal personal care services and who would otherwise be deemed a categorically needy recipient under the IHSS program. This bill would limit this supplementary payment to individuals who meet existing criteria and who are eligible to receive the supplementary payment on June 30, 2009. The bill would reduce the supplementary payment by 50% effective October 1, 2009. The bill would provide for reinstatement, as specified, of recipients who erroneously lose this benefit on or after July 1, 2009. Existing law prohibits a person from providing supportive services if he or she has been convicted of specified crimes in the previous 10 years. Under existing law, the State Department of Social Services and the State Department of Health Care Services are required to develop a provider enrollment form that each person seeking to provide supportive services shall complete, sign under penalty of perjury, and submit to the county, containing designated statements relating to the provider's criminal history. This bill would revise the required contents of the provider enrollment form, and would designate the form as an application to render services under the Medi-Cal program, consistent with a specified provision of law, and would make related changes. Existing law requires the department to develop a uniform needs assessment tool, as specified, in order to ensure that in-home supportive services are delivered in all counties in a uniform manner. This bill would, commencing September 1, 2009, and subject to prescribed exceptions, require a recipient of IHSS services to be assigned a Functional Index Score, as defined, and would require a determination of eligibility for services to be based upon these scores, as specified. This bill would require the State Department of Social Services to convene a stakeholder group and begin a process with the group to develop and issue a report evaluating the implementation of IHSS quality assurance and fraud prevention and detection activities enacted since 2004. The bill would require the department to provide this report to the Legislature on or before December 31, 2010. (14) 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. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law provides for the Medi-Cal Drug Treatment Program (Drug Medi-Cal) , under which each county enters into contracts with the State Department of Alcohol and Drug Programs for the provision of various drug treatment services to Medi-Cal recipients, or the department directly arranges for the provision of these services if a county elects not to do so. This bill would reduce the rates for Drug Medi-Cal services by 10% for the 2009–10 fiscal year, and, for the 2010–11 fiscal year and thereafter, by the lesser of 10% or the rates applicable in the 2009–10 fiscal year, adjusted as specified. (15) Existing law requires the State Department of Social Services to establish a Work Incentive Nutritional Supplement (WINS) program, under which each county is required to provide a $40 monthly additional food assistance benefit for each eligible food stamp household, as defined. The bill would require the state to pay the counties 100% of the cost of WINS benefits, using funds that qualify for the state's Temporary Assistance for Needy Families (TANF) program maintenance of effort requirements, as specified. Existing law prohibits WINS benefits from being paid before October 1, 2009, and requires full implementation of the program on or before April 1, 2010. This bill would extend the time for payment of WINS benefits to commence to October 1, 2011, and the time for full implementation of the program to April 1, 2012. Existing law authorizes the director to implement the WINS program by all-county letters by March 1, 2009, pending the adoption of emergency regulations. This bill would extend the time for issuance of all-county letters to March 1, 2011. Existing law requires the department to convene a workgroup on or before December 1, 2008, comprised of designated representatives, to consider the progress of the WINS automation effort in tandem with a preassistance employment readiness system (PAERS) program and any other program options that may provide offsetting benefits to the caseload reduction credit in the CalWORKs program. Existing law prohibits full implementation of the WINS program until the workgroup is convened. This bill would extend the date by which the department is required to establish the WINS/PAERS workgroup to December 1, 2010, and would make conforming changes. (16) Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefitting children residing in foster homes by providing the stability and security of permanent homes. The program provides for the payment by the department and counties, of cash assistance to eligible families that adopt eligible children. Existing law sets forth the conditions under which a child is eligible for AAP benefits, and requires the department to actively seek and make maximum use of available federal funds for purposes of the program. Under existing law, in accordance with the adoption assistance agreement, the adoptive family is paid an amount of aid based on the child's needs otherwise covered in AFDC-FC payments and the circumstance of the adopting parents, not to exceed the foster care maintenance payment that would have been paid based on the age related state-approved foster family home care rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home, as specified. This bill would revise the conditions under which a child would be eligible for AAP benefits, including specifying conditions under which an applicable child, as defined, would be eligible to receive federal funding. This bill would require that with respect to adoption assistance agreements executed on or after January 1, 2010, adoption assistance benefits would be increased based on specified needs of the child, as specified. (17) Existing law requires the State Department of Social Services to establish a program of public health nursing in the child welfare services program, and specifies the duties that the foster care public health nurse is authorized to perform. This bill would make the duties of the foster care public health nurse mandatory, and would add to those duties documenting that each child in foster care receives specified health screenings. (18) Existing law establishes the Department of Community Services and Development to perform various functions, including coordinating and assisting community action agencies with respect to antipoverty and community services programs. This bill, notwithstanding any other provision of law or regulation, would require the eligibility threshold for the use of additional Community Service Block Grant funds received under the federal American Recovery and Reinvestment Act of 2009 to be increased to 200% of the federal poverty level exclusively and only through the term and use of those funds, as determined by the Department of Community Services and Development, or any other department through which these federal funds are administered by the state. (19) This bill would require the State Department of Social Services to consult with designated stakeholders, to determine how best to ensure that existing best practices for family search and engagement and participatory case planning, including, but not limited to, training or technical assistance, are institutionalized statewide. The bill would require the department to provide information at future budget hearings regarding the implementation of these efforts, including available outcome data. (20) This bill would require the State Department of Social Services to develop a risk management form, with input from the counties and specified stakeholders, relating to the provisions of aid for specified personal assistance services. The bill would require the department to implement the form on a trail basis in 3 counties prior to statewide implementation. (21) This bill would provide for the implementation of its provisions through all-county letters or similar instructions, and would provide for the adoption of emergency regulations, with respect to certain provisions of the bill. (22) 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. (23) This bill would declare that it is to take effect immediately as an urgency statute. 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 licensure and regulation of health facilities by the State Department of Public Health, including an intermediate care facility/developmentally disabled-nursing. Violation of these provisions is a misdemeanor. This bill would create as a new category of health facility for, and require the department to license and regulate, intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN) facilities, as defined. This bill would require facilities providing continuous skilled nursing services to persons with developmental disabilities pursuant to the above-described provisions to apply for licensure as an ICF/DD-CN within 90 days after licensing regulations become effective. This bill would make other conforming changes. By creating a new crime, this bill would impose a state-mandated local program. Existing law, until January 1, 2010, authorizes the State Department of Social Services and the State Department of Developmental Services, to jointly establish and administer a pilot project for licensing and regulating Adult Residential Facilities for Persons with Special Health Care Needs (ARFPSHN) , to the extent that funds are appropriated for this purpose in the annual Budget Act. Under existing law, a licensed ARFPSHN may provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs. This bill would extend the pilot project until January 1, 2011, and would make other conforming changes. This bill would impose a state-mandated local program by changing the definition of crimes provided for under the California Community Care Facilities Act. Existing law authorizes local sponsors, as defined, to offer community dental disease prevention programs to schoolchildren in preschool through 6th grade, and in classes for individuals with exceptional needs. Existing law requires the program to include educational programs focused on the development of personal practices by pupils, as specified, and preventative services. Existing law requires any acts performed or services provided pursuant to the program that constitute the practice of dentistry to be performed or provided by a licensed dentist. Existing law provides that it is the intent of the Legislature that the above-described program shall be funded according to customary budget procedures. This bill would, instead, require that the above-described program be funded according to customary budget procedures and that it only be implemented upon appropriation of funds by the Legislature. Existing law requires the State Department of Public Health to implement and administer a program to meet the requirements of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992. The department is required to establish fees for the accreditation of training providers, the certification of individuals, and the licensing of entities engaged in lead-related occupations. This bill would, effective July 1, 2010, require the collected fees to be deposited in the Lead-Related Construction Fund, which would be established by the bill. These moneys would be available to the department upon appropriation by the Legislature for purposes of the program, and would be available for borrowing in accordance with prescribed provisions. Existing law establishes the Occupational Lead Poisoning Prevention Account, into which fees are paid by employers in prescribed industries that have documented evidence of potential poisoning. Moneys in this account are expended for purposes of the Lead Poisoning Prevention Program, which is conducted by the State Department of Public Health in accordance with prescribed requirements. This bill would provide that of the funds appropriated from this account in the Budget Act of 2009, $500,000 would be used for purposes of administration of the residential lead-based paint program during the 2009–10 fiscal year. It would express the intent of the Legislature that funds shall be repaid to the account upon a determination be the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund. Existing law, the Calderon-Sher Safe Drinking Water Act of 1996, requires the State Department of Public Health to adopt regulations covering water testing, the monitoring of contaminants, the frequency and method of sampling and testing, the reporting of results, and other matters as may be necessary to determine and ensure the quality of domestic water supplies. Existing law defines "public water system" to mean a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Existing law requires public water systems serving 1,000 or more service connections and public water systems that treat water on behalf of one or more water systems, as specified, to reimburse the department for the actual cost incurred by the department in conducting its required activities relating to public water systems, as provided. Existing law further requires public water systems serving less than 1,000 service connections to pay an annual drinking water operating fee to the department for costs incurred by the department in conducting its required activities relating to public water systems, as provided. Existing law contains limitations on maximum fee amounts that may be imposed on public water systems under these provisions. This bill would, instead, require these water systems to pay specified fees per service connection, subject to prescribed minimum amounts. This bill would authorize the department to increase the fees, as specified, subject to approval by the Legislature. Existing law requires the State Department of Health Care Services to establish and administer the Genetically Handicapped Persons Program (GHPP) for the provision of health services to genetically handicapped persons. This bill would provide that a person who is found eligible for GHPP services whose employer-sponsored health coverage is later terminated or a person who applies for GHPP services whose employer-sponsored health coverage was terminated during the 6-month period prior to the date he or she applies for services shall be ineligible for GHPP services, unless certain exceptions apply. The bill would require an applicant for GHPP services to certify, at the time of application, under penalty of perjury, that he or she was not covered by employer-sponsored health coverage during the 6-month period prior to the date of his or her application or, if he or she was covered by employer-sponsored health coverage, attest to why one of the exceptions to ineligibility applies and provide documentation from the employer-sponsored health coverage that supports his or her attestation. Because the bill would require representations in the statement by the applicant to be made under penalty of perjury, thus changing the definition of a crime, it would impose a state-mandated local program by expanding the crime of perjury. This bill would also provide that persons who have been found eligible for GHPP services whose employer-sponsored health coverage is thereafter terminated to notify the GHPP within 45 days of the effective date of the termination of their employer-sponsored health coverage and, when applicable, provide the program with the same certification required of applicants for GHPP services. This bill would authorize the director, on a case-by-case basis, to waive determinations of ineligibility made pursuant to the above-described provisions, or reduce certain time periods as set forth above, if the director determines that the determination of ineligibility or the time periods will result in undue hardship. This bill would authorize the department to require a client under the GHPP to apply to enroll or otherwise participate in any other state or federal program or other contractual or legal entitlement that would provide services to the client that would otherwise be reimbursed under the GHPP. This bill would authorize the department, when it determines it to be cost effective, to pay for 3rd-party health coverage for persons eligible for GHPP services in certain circumstances. Existing law requires the department to determine and establish an enrollment fee for GHPP services that shall be a sliding scale based upon family size and income. The bill would, with certain exceptions, retroactive to July 1, 2009, instead, base the annual enrollment fee on the client's or, if the client is a minor, the client's parents' or legal guardians' combined adjusted gross income as reported on the relevant state or federal income tax forms for the previous tax year. The bill would require the enrollment fee to be 1½% of adjusted gross income when the reported adjusted gross income was between 200% and 299%, inclusive, of the federal poverty level and to be 3% of adjusted gross income when the reported adjusted gross income was equal to or greater than 300% of the federal poverty level. The bill would also provide that in the event the annual enrollment fee determined pursuant to the above provisions exceeds the cost of care incurred during the applicable year, the department shall reduce the enrollment fee by refund or credit to an amount equal to the cost of care. The bill would also make conforming changes. Existing law establishes the California Discount Prescription Drug Program, which is administered by the State Department of Health Care Services. Existing law requires, on August 1, 2010, the department to determine whether pharmaceutical manufacturer participation in the program has been sufficient to meet certain benchmarks. It also requires the department, on and after that date, to reassess program outcomes, at least once every year, consistent with the benchmarks. This bill would provide that the California Discount Prescription Drug Program become operative on or after July 1, 2010, and would extend the above-described deadlines to August 1, 2013. Existing law creates the California Major Risk Medical Insurance Program (MRMIP) , which is administered by the Managed Risk Medical Insurance Board, to arrange for major risk medical coverage for eligible residents of the state who are unable to secure adequate private health care coverage. Existing law creates the continuously appropriated Major Risk Medical Insurance Fund within the MRMIP where revenue, including $18,000,000 from the Hospital Services Account in the Cigarette and Tobacco Products Surtax Fund is deposited annually for the operation of the program. This bill would, instead, for the 2009–10 fiscal year, prohibit the Controller from depositing any amount into the Major Risk Medical Insurance Fund from the Hospital Services Account in the Cigarette and Tobacco Products Surtax Fund. Existing law establishes the State Department of Developmental Services and sets forth its duties and responsibilities, including, but not limited to, administration and oversight of the state developmental centers and programs relating to persons with developmental disabilities. Existing law, the Lanterman Developmental Disabilities Services Act, requires the department to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law provides that the State Department of Mental Health shall house no more than 1,336 patients at Patton State Hospital. However, until September 2009, up to 1,530 patients may be housed at the hospital. This bill would extend the date that 1,530 patients may be housed at the hospital to September 2012. Existing law prohibits the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center from exceeding 297. This bill would include residents receiving services in the center's transition treatment program for purposes of this limit. 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, administered by the State Department of Health Care Services, provides basic health care services to qualified low-income persons. Existing federal and state law contain requirements relating to the establishment of United States citizenship or national status for purposes of establishing Medi-Cal eligibility. Existing Medi-Cal provisions implementing these requirements specify that, except as prescribed, no Medi-Cal services shall be available to any person who fails to comply with these documentation requirements. This bill would, to the extent that federal financial participation is available and all agreements with the federal government have been obtained, permit the department to exercise a prescribed federal option relating to health care benefits for children. This bill would require the department, pursuant to, and only to the extent required by, federal law and subject to the provisions described below, to implement an asset verification program for the purpose of determining or redetermining the eligibility of an applicant for, or recipient of, Medi-Cal benefits on the basis of being aged, blind, or disabled. This bill would require any applicant or recipient described above, and any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient, to provide authorization for the department to obtain from any financial institution, as defined, any financial record, as defined, held by the institution with respect to the applicant or recipient, and any other person, as applicable, whenever the department determines the record is needed in connection with a determination with respect to eligibility for, or the amount or extent of, medical assistance. The bill would provide that the obtaining of financial records by the department, or it's designee, shall be at no cost to the applicant, recipient, or any other person whose resources are required to be disclosed. The bill would authorize the department to determine that an applicant or recipient is ineligible for medical assistance if the applicant or recipient, or any other person, as applicable, refuses to provide, or revokes, any authorization made pursuant to the above-described provisions. The bill would require the department to provide the applicant or recipient with notice of the asset verification requirement prior to the applicant or recipient being required to provide authorization. This bill would require an officer of a financial institution, as defined, to furnish the department or its designee with information in the possession of the bank or company regarding the assets of any person who is applying for, or is receiving assistance or benefits from, the department and has provided authorization pursuant to the above-described provisions. Existing law allows the California Medical Assistance Commission to negotiate exclusive contracts with any county that seeks to provide, or arrange for the provision of, Medi-Cal health care services. The system of services provided by or through a county pursuant to these provisions is known as a county-organized health system. Existing law permits a combination of counties to contract with the department pursuant to these provisions for the provision of services on a regional basis. This bill would delete the regional basis limitation. Existing law requires the reimbursement to Medi-Cal pharmacy providers for legend and nonlegend drugs, as defined, to consist of the estimated acquisition cost of the drug, as defined, plus a professional fee for dispensing. Existing law requires the department to establish a list of maximum allowable ingredient costs (MAIC) for generically equivalent drugs for purposes of establishing the acquisition cost for legend and nonlegend drugs, as provided. Existing law requires the department to update the list of, and establish new, MAICs, and to base the MAIC on the mean of the average manufacturer's price of drugs generically equivalent to the particular innovator drug, plus a percent markup determined by the department to be necessary for the MAIC to represent the average purchase price paid by retail pharmacies in California. This bill would require the department to establish an MAIC only when 3 or more generically equivalent drugs are available for purchase and dispensing by retail pharmacies in California. This bill would provide that if average manufacturer's prices are unavailable, the department shall establish the MAIC, either (1) based on the volume weighted average, as defined, of the wholesaler acquisition costs, as defined, of drugs generically equivalent to the particular innovator drug plus a percent markup determined by the department to be necessary for the MAIC to represent the average purchase price paid by retail pharmacies in California or (2) pursuant to a contract with a vendor for the purpose of surveying drug price information, collecting data, and calculating a proposed MAIC. This bill would require the department to establish a process for providers to seek a change to a specific MAIC when the providers believe the MAIC does not reflect current available market prices. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. The State Department of Mental Health is responsible for assuming specified program oversight authority formerly provided by the State Department of Health Care Services, including, but not limited to, oversight of certain utilization controls. This bill would, if federal approval is obtained, authorize public agencies that meet certain conditions to, in addition to reimbursement or other payments that the agency would otherwise receive for Medi-Cal specialty mental health services, receive supplemental Medi-Cal reimbursement equal to the amount of federal financial participation received as a result of claims submitted by the State Department of Health Care Services for certain expenditures related to specialty mental health services that are allowable expenditures under federal law. Existing law authorizes the State Department of Social Services to enter into contracts with manufacturers of single source and multiple source drugs on a bid or nonbid basis and to maintain a list of contract drugs for purposes of the Medi-Cal program. Existing law prescribes conditions under which certain drugs for use in the treatment of acquired immunodeficiency syndrome (AIDS) or an AIDS-related condition or cancer are deemed approved for addition to the Medi-Cal list of contract drugs or considered a Medi-Cal benefit. Existing law requires, commencing July 1, 2002, all pharmaceutical manufacturers to provide to the department a state rebate, in addition to rebates pursuant to other provisions of state or federal laws, for any drug products that have been added to the Medi-Cal list of contract drugs pursuant to the above‑described provisions related to drugs used to treat AIDS and cancer and reimbursed through the Medi-Cal outpatient fee-for-service drug program. Existing law requires the state rebate to be negotiated as necessary between the department and pharmaceutical manufacturers. This bill would, retroactive to July 1, 2009, and until January 1, 2010, require pharmaceutical manufacturers to provide to the department a state rebate, in addition to rebates pursuant to other provisions of state or federal law, for certain drug products used to treat AIDS and cancer that have been added to the Medi-Cal list of contract drugs, as specified. Existing federal law requires the United States Secretary of Health and Human Services to enter into an agreement with each manufacturer of covered drugs that are not subject to a rebate under an agreement between the state Medicaid program and the manufacturer under which the amount required to be paid to the manufacturer for covered drugs, with certain exceptions, purchased by a covered entity, as defined, does not exceed an amount equal to the average manufacturer price for the drug under the federal Medicaid program in the preceding calendar quarter, reduced by the rebate received pursuant to the Medicaid agreement. This bill would provide that a covered entity shall dispense only the above-described drugs to Medi-Cal beneficiaries. This bill provides that if a covered entity is unable to purchase the above-described drugs, the covered entity may dispense a drug purchased at regular drug wholesale rates to a Medi-Cal beneficiary, but that it is required to maintain documentation of their inability to obtain the drugs. Existing law requires the reimbursement to Medi-Cal pharmacy providers for legend and nonlegend drugs, as defined, to consist of the estimated acquisition cost of the drug, as defined, plus a professional fee for dispensing. This bill would require pharmacy providers to submit their usual and customary charge, as defined, when billing the Medi-Cal program for prescribed drugs. The bill would require that payment to pharmacy providers be the lower of the pharmacy's usual and customary charge or the above-described reimbursement rate for legend and nonlegend drugs. Existing law, the Medi-Cal Long-Term Reimbursement Act, requires the department to implement a cost-based reimbursement rate methodology for freestanding skilled nursing facilities, excluding skilled nursing facilities that are a distinct part of a facility that is licensed as a general acute care hospital. Reimbursement rates for these facilities are funded by a combination of federal funds and moneys collected pursuant to the above-described uniform quality assurance fees. Existing law provides that this rate methodology shall cease to be implemented on July 31, 2011, with these provisions to be repealed on January 1, 2012. Existing law provides, for the 2009–10 and 2010–11 rate years, that the maximum annual increase in the weighted average Medi-Cal reimbursement rate required for purposes of the above-described provisions shall not exceed 5% of the weighted average Medi-Cal reimbursement rate for the prior fiscal year. This bill would, instead, provide that for the 2009–10 and 2010–11 rate years, the weighted average Medi-Cal reimbursement rate required for purposes of the above-described provisions shall not be increased with respect to the weighted average Medi-Cal reimbursement rate for the 2008–09 rate year. Existing law requires the director to reduce provider payments for certain classes of health facilities for dates of service on and after March 1, 2009, by 5% for Medi-Cal fee-for-service benefits. This bill would prohibit Medi-Cal reimbursement rates applicable to the classes of providers to which the above-described payment reduction applies for services rendered during the 2009–10 rate year and each rate year thereafter from exceeding the reimbursement rates that were applicable to those classes of facilities in the 2008–09 rate year, with certain exceptions. Existing law requires the department to establish a pilot program to provide continuous skilled nursing care as a benefit under the Medi-Cal program when those services are provided pursuant to a federal waiver. This provision is repealed as of January 1, 2010. This bill would instead, repeal the pilot program if and when the federal Centers for Medicare and Medicaid Services approve a federal waiver or approve a Medicaid State Plan amendment to make the pilot program a permanent program. The bill would set forth provisions for the permanent program that are similar to the provisions of the pilot program and would make these permanent program provisions operative upon the date federal approval is obtained. The bill would make other conforming changes. Existing law provides for the State Supplementary Program for the Aged, Blind, and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement supplemental security income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP program are calculated by establishing the maximum level of nonexempt income and federal (SSI) and state (SSP) benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. Existing law authorizes the State Department of Health Care Services, to the extent that federal financial participation is available, to exercise options under federal law to implement a program to provide Medi-Cal benefits for designated aged, blind, and disabled persons who meet specified income standards. This bill would require the State Department of Health Care Services, to the extent that federal financial participation is available, to exercise an option under federal law to extend full-scope Medi-Cal benefits to individuals who are ineligible to receive those benefits under certain aid programs, including SSI/SSP, as a result of a specified July 1, 2009, reduction in SSI/SSP maximum aid payments. This bill would identify the applicable income and resource standards and methodologies to be utilized for its purposes, and would require an income disregard to be applied, as specified, to adjust the applicable income standard to that which was in place on May 1, 2009. This bill would authorize the department to implement these revised Medi-Cal eligibility provisions through all-county letters or similar instructions, and would cease implementation of these provisions when SSI/SSP program payment levels increase beyond those in effect on May 1, 2009. The bill would require the department to seek any approvals from the federal Centers for Medicare and Medicaid Services necessary to implement these provisions. Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, personal care services provided to an individual who is eligible for Medi-Cal benefits as a categorically needy person are a Medi-Cal covered benefit. Personal care services are also a covered benefit under the IHSS program. Existing law provides for the payment of a supplementary benefit under the IHSS program to any eligible aged, blind, or disabled person who is receiving Medi-Cal personal care services and who would otherwise be deemed a categorically needy recipient under the IHSS program. Existing law extends application of this provision to any aged, blind, or disabled person who is receiving Medi-Cal benefits and eligible for services under a federal waiver program known as the IHSS Plus waiver, and who would otherwise be deemed a categorically needy recipient under the IHSS program. This bill would require the State Department of Health Care Services to seek approval of the IHSS Plus option, an amendment to the Medicaid state plan to provide self-directed personal assistance services under the state plan, to the extent that federal financial participation is available, in order to provide IHSS services as a Medi-Cal benefit. The bill would require these services to be rendered under the administrative direction of the State Department of Social Services, as specified. This bill would exclude residents of designated health and care facilities from receiving the services provided pursuant to the bill. It would authorize the State Department of Heath Care Services to implement the IHSS Plus option provisions through all-county letters or similar instructions, and to adopt emergency regulations. This bill would require the Director of Health Care Services to notify the Legislature of any modifications to IHSS benefits, eligibility, and operational requirements necessary for the state plan amendment to become effective. Existing law, the Medi-Cal Hospital/Uninsured Care Demonstration Project Act authorizes the director to, pursuant to a federal waiver, use modified funding methodologies to maximize the use of federal funds to resolve Medi-Cal reimbursement inequities experienced by public and private disproportionate share hospitals. The demonstration project provides for specified stabilization funding to be provided for prescribed purposes. This bill would, notwithstanding those provisions, require that for each of the 2008–09 and 2009–10 fiscal years, the amount available for these purposes shall be reduced by prescribed amounts which sum shall be retained in, or transferred to, the General Fund. This bill would authorize the department to increase federal claiming from the safety net care pool for state-funded programs if necessary to achieve prescribed savings. It would also, for the 2009–10 fiscal years, make a prescribed reduction from allocations to distressed hospitals, as defined, and would transfer the amount of this transfer to the General Fund. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. The State Department of Mental Health is responsible for assuming specified program oversight authority, including, but not limited to, oversight of certain utilization controls. This bill would, if federal approval is obtained, authorize public agencies that meet certain conditions to, in addition to reimbursement or other payments that the agency would otherwise receive for Medi-Cal specialty mental health services, receive supplemental Medi-Cal reimbursement equal to the amount of federal financial participation received as a result of claims submitted by the State Department of Health Care Services for certain expenditures related to specialty mental health services that are allowable expenditures under federal law. Under existing law, one of the benefits provided for under the Medi-Cal program is adult day health care services. Existing law contains eligibility criteria for these services, and requires that adult day health care center provide core services, as defined. This bill would provide that, commencing 30 days after the effective date of the bill, adult day health care is covered for a maximum of three days per week, until the date that the Director of Health Care Services executes a declaration specifying that provisions described below relating to adult day health care services, are operative, at which time these services are covered for a maximum of 5 days per week. Under existing law, treatment authorization requests may be granted for adult day health care services for up to 6 months. Under existing law, one of the eligibility criteria applicable to adult day health care services is that the Medi-Cal beneficiary requires assistance and supervision in performing prescribed activities. This bill, subject to federal approval, would permit treatment authorization requests for a period of up to 12 months, would modify eligibility criteria to require, with certain exceptions, that the beneficiary need substantial human assistance in performing the prescribed activities, and would modify certain elements of the core services, with all of these provisions to be operative upon the execution of a declaration by the director that all necessary methods and procedures necessary to implement the treatment authorization request provisions have been met. This bill would require the State Department of Mental Health, by no later than March 1, 2011, to provide the legislative budget and policy committees with an analysis of selected county and subcontractor costs for the 2009–10 fiscal year that are not wholly reimbursed by the schedule of maximum allowances rates, as specified. This bill would require the California Health and Human Services Agency to develop an action plan regarding coordination of core programmatic functions between the State Department of Mental Health and the State Department of Health Care Services. Under existing law, for certain hospitals that receive Medi-Cal reimbursement from the State Department of Health Care Services and that are not under contract with the department pursuant to specified existing law, interim payments and cost report settlements for inpatient hospital services provided on and after July 1, 2008, are reduced by 10%, as specified. Existing law revises the amount of these payments, beginning on October 1, 2008, pursuant to a specified formula. Existing law exempts certain small and rural hospitals and certain open health facility planning areas from this revised formula. Existing law, for purposes of interim payments, specifically provides that open health facility planning areas with 3 or more hospitals with licensed general acute care beds are not exempt from this revised formula. Existing law, for purposes of the cost report settlements, specifically provides that open health facility planning areas with more than 3 hospitals with licensed general acute care beds are not exempt from this revised formula. This bill would revise both of the above provisions to prohibit a state-owned or state-operated hospital from being included in determining the number of hospitals in an open health facility planning area. This bill would revise the cost report settlement provision by requiring that an open health facility planning area have 3 or more specified hospitals, instead of more than 3 specified hospitals. This bill would revise the exemption for small and rural hospitals, as specified. The bill would require the state Department of Health Care Services to provide the Legislature with a quarterly update regarding the implementation of the federal American Recovery and Reinvestment Act of 2009, as specified. It would also require the department to provide, in a timely manner, the applicable fiscal and policy committees of the Legislature with copies of all federal audits and their findings that pertain to the Medi-Cal 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. 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.
The California Children and Families Act of 1998, an initiative measure approved by the voters as Proposition 10 at the November 3, 1998, statewide general election, requires that the California Children and Families Program, established by the act, be funded by certain taxes imposed on the sale and distribution of cigarettes and tobacco products, that revenues be deposited into the California Children and Families Trust Fund, and that the fund be used for the implementation of comprehensive early childhood development and smoking prevention programs. Existing law provides that prescribed percentages of moneys allocated and appropriated from the trust fund shall be deposited in various accounts, including the Mass Media Communications Account and the Unallocated Account, for expenditure by the California Children and Families Commission, also known as First 5 California, for various subjects relating to, and furthering the goals and purposes of, the act. Existing law prohibits amendment of this initiative measure by the Legislature unless the amendment is approved by the voters, or the amendment is accomplished by a vote of 23 of the membership of both houses of the Legislature and the amendment furthers the act and is consistent with its purposes. Existing law establishes various public programs to provide health care coverage and social services to children. This bill, subject to voter approval at the next statewide election, would revise certain provisions of the California Children and Families Act of 1998, to require designated unencumbered and unexpended funds in the California Children and Families Trust Fund to be redirected to support state health and human services programs, as described, for children up to 5 years of age. The bill, subject to voter approval, would eliminate the Mass Media Communications Account in the trust fund, and would reallocate the percentage payable to that account to the Unallocated Account. The bill, subject to voter approval, would require, prior to the distribution of moneys from the fund, that $268,000,000 be transferred annually, in specified fiscal years, to the Proposition 10 Health and Human Services Fund, which would be created by the bill. The bill would require these funds to be expended, upon appropriation by the Legislature, to support state health and human services programs, as described. 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.
The Budget Act of 2009 (Chapter 1 of the 2009–10 Third Extraordinary Session) made appropriations for the support of state government for the 2009–10 fiscal year. This bill would make revisions in some of those appropriations for the 2009–10 fiscal year. The bill would make specified reductions in certain appropriations. 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 authorizes transit operators to enter into a design-build contract, as defined, according to specified procedures. Existing law requires a transit operator that uses the design-build process to report to the Legislative Analyst on each public works project procured through the design-build process within 120 days of the design-build project being put into operation or by December 1, 2005, whichever occurs first. Existing law requires certain information submitted under the design-build provisions to be submitted under penalty of perjury. Existing law repeals provisions regarding transit design-build contracts on January 1, 2011. This bill would instead repeal these provisions on January 1, 2015. The bill would require a transit operator that uses the design-build process to report to the Legislative Analyst on each public works project procured through the design-build process within 120 days of the design-build project being put into operation or by December 1, 2015, whichever occurs first. Because the bill would expand the crime of perjury, 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 defines "honey" for purposes of those provisions of law that regulate the content, labeling, and container standards of honey. This bill would establish a new definition of honey for these purposes, including new technical standards, as specified, the violation of which would be a crime under other provisions of law. 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.
Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law further provides that, in any of those actions, the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance in lieu of, or in addition to, money damages. This bill would provide, in addition, that a small claims court has jurisdiction over an action for an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. The bill would provide that nothing in these provisions is intended to expand, or to encourage the expansion of, the jurisdiction of the small claims court.