Sen. Sabrina Cervantes

Existing law, the Political Reform Act of 1974, prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. The bill would prohibit the public moneys for this dedicated fund from being taken from public moneys that are earmarked for education, transportation, or public safety. This restriction would not apply to charter cities. The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters. This bill would require the Secretary of State to submit the provisions of the bill to the voters for approval at the November 5, 2024, general statewide election, as specified.

Existing federal law, the Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. Existing state law creates the California Health Benefit Exchange, also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Existing law requires the Exchange to apply for a federal waiver to allow persons otherwise not able to obtain coverage through the Exchange because of their immigration status to obtain coverage from the Exchange. This bill would delete that requirement and would instead require the Exchange, no sooner than January 1, 2026, and upon appropriation by the Legislature for this purpose, to administer a program to allow persons otherwise not able to obtain coverage by reason of immigration status to enroll in health insurance coverage in a manner as substantially similar to other Californians as feasible, consistent with federal guidance and given existing federal law and rules. The bill would require the Exchange to undertake outreach, marketing, and other efforts to ensure enrollment, which would begin on October 1, 2027. The bill would also require the Exchange to adopt an annual program design for each coverage year to implement the program, provide appropriate opportunities for stakeholders, including the Legislature, and the public to consult on the design of the program, and report to the Department of Finance and the Legislature on progress toward implementation, as specified. The bill would establish the Covered California for All Fund in the General Fund, to be administered by the Exchange, into which user fees, appropriations, and other funds would be deposited to be used upon appropriation to pay for the administration of the program.

(1) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law generally authorizes a health care service plan or disability insurer to use utilization review, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. Existing law requires these decisions to be made within 30 days, or less than 72 hours when the enrollee faces an imminent and serious threat to their health. Existing law requires a health care service plan to establish a grievance system to resolve grievances within 30 days, but limits that timeframe to 3 days when the enrollee faces an imminent and serious threat to their health. Existing law requires a plan to provide a written explanation for its grievance decisions, as specified. This bill would require that utilization review decisions be made within 72 hours from the health care service plan's receipt of the clinical information reasonably necessary to make the determination when the enrollee's condition is urgent. If the plan lacks the information reasonably necessary to make a decision regarding an urgent request, the bill would require the plan to notify the enrollee and provider about the information necessary to complete the request within 24 hours of receiving the request. The bill would require the plan to notify the enrollee and the provider of the decision within a reasonable amount of time, but not later than 48 hours after specified circumstances occur. If a health care service plan fails to make a utilization review decision, or provide notice of a decision, within the specified timelines, the bill would require the health care service plan to treat the request for authorization as a grievance and provide notice with specified information to the enrollee that a grievance has commenced, if the plan has received the information necessary to make a decision. This bill would require a plan's grievance system to include expedited review of urgent grievances, as specified. The bill would require a plan to communicate its final grievance determination within 72 hours of receipt if urgent and 30 days if nonurgent, except as specified. If a plan fails to make a utilization review decision within the applicable timelines, the bill would require a grievance to be automatically resolved in favor of the enrollee, except in specified circumstances. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. (2) Existing law establishes the Independent Medical Review System in the Department of Managed Health Care to review grievances involving a disputed health care service. Existing law authorizes an enrollee to apply to the department for an independent medical review of a decision regarding health care services based in whole or in part on a finding that the disputed services are not medically necessary within 6 months of any specified qualifying periods and authorizes the director to extend that deadline if the circumstances of a case warrant the extension. This bill would extend the above deadline to 12 months beyond the specified qualifying periods. The bill would require the plan to provide specified correspondence and documents to an enrollee and their representative, if applicable, if the enrollee has submitted a grievance for review under the Independent Medical Review System. The bill would require the department to provide an enrollee and their representative a reasonable opportunity to respond to communications between the department and the plan before the grievance is resolved. The bill would prohibit the department and its independent medical review organization from engaging in ex parte communication with a plan, enrollee, or their representatives during the grievance process, except as specified. (3) Existing law provides for the regulation of disability insurers, including health insurers, by the Department of Insurance. Existing law requires a disability insurer, including an insurer that delegates utilization review or utilization management functions to medical groups, independent practice associations, or other contracting providers, to comply with specified requirements and limitations on their utilization review or utilization management functions. Existing law requires a decision to approve, modify, or deny a request by a provider before, or concurrent with, the provision of health care services to insureds to be made no more than 5 business days from the insurer's receipt of information necessary to make the determination. If the insured's condition poses an imminent and serious threat to the insured's health, existing law requires the decision to be made within no more than 72 hours. Existing law requires a decision to be communicated to the requesting provider within 24 hours of the decision, but requires a decision resulting in denial, delay, or modification of all or part of the requested health care service to be communicated within 2 business days, except as specified. This bill would limit the applicability of the above-described provisions to health insurers. The bill would require a decision to approve, modify, or deny a request by a provider before the provision of health care services to be communicated no more than 5 business days from the health insurer's receipt of the request. If the insurer lacks information reasonably necessary to make the decision, the bill would require the insurer to notify the insured and provider within 5 business days from receipt of request and to afford the insured and provider at least 45 days from receipt of that notice to provide the information. If the insured's condition is urgent, as defined, the bill would require a decision to approve, modify, or deny a request by a provider before, or concurrent with, the provision of health care services to be communicated no more than 72 hours from the insurer's receipt of the request. If the insurer lacks information reasonably necessary to make the decision, the bill would require the insurer to notify the insured and provider no later than 24 hours from receipt of request and to afford the insured and provider at least 48 hours from receipt of that notice to provide the information. The bill would require an insurer to communicate a decision to modify or deny a concurrent care request, as specified, within 24 hours from the insurer's receipt of the request. If an insurer fails to provide notice of a decision, the bill would require an insurer to treat the request as a grievance and immediately notify the insured and provider that a grievance has commenced, if the insurer has received the information necessary to make a decision. (4) Existing law establishes the Independent Medical Review System in the department to review grievances involving a disputed health care service. Existing law requires a disability insurance policy issued, amended, renewed, or delivered on or after January 1, 2000, to provide an insured with the opportunity to seek an independent medical review when health care services have been denied, modified, or delayed if the decision was based in whole or in part on a finding that the proposed health care services are not medically necessary. Existing law authorizes an insured to apply to the department for an independent medical review when specified conditions are met. If a grievance is filed internally with an insurer, this bill would require an insurer to acknowledge receipt of the grievance within 24 hours of receipt if urgent and 5 calendar days if nonurgent, and then communicate its final grievance determination within 72 hours of receipt if urgent and 30 days if nonurgent. Upon notice from the department to a health insurer that an insured has submitted a complaint to the department, the bill would require an insurer to respond within 24 hours if a complaint is urgent, or within 5 calendar days regarding a nonurgent complaint. This bill would require the department to determine whether or not a complaint is urgent, as specified, unless the insured's provider has already designated the complaint as urgent. The bill would require the insurer to offer to provide specified correspondence and documents to an insured and their representative, if applicable, if the insured has submitted a complaint or independent medical review case to the department. The bill would require the department to provide an insured and their representative a reasonable opportunity to respond to communications between the department and the insurer before the grievance is resolved. The bill would prohibit an insurer from engaging in ex parte communication with the independent medical review organization deciding a case. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. Existing law requires the trustees to establish an internal audit staff with prescribed duties, including auditing, reviewing, cost and systems analysis, analyzing, and recommending operating procedures for the university. Existing law also requires the university's internal audit staff to perform audits, at least once every 5 years, of the activities of the university, as provided. This bill would require an external financial audit of each campus of the California State University to be conducted by January 1, 2028. The bill would also require all audits of the California State University or any of its campuses, including audits conducted by the university's internal audit staff, to be available to the public.

Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, for purposes of compensating in part for the wage loss sustained by any individual who is unable to work due to the employee's own sickness or injury, among other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits. Existing law authorizes an individual to file a first claim for these benefits no later than the 41st consecutive day following the first compensable day of unemployment and disability with respect to which the claim is made for benefits, as specified. This bill would, instead, authorize an individual to file a first claim for benefits no later than the 60th consecutive day following the first compensable day of unemployment and disability. The bill would also, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, authorize an individual to file a claim for disability insurance benefits up to 30 days before the first compensable day with respect to which the claim is made for benefits and make other conforming changes. Existing law requires the department to make a determination as to the eligibility of the claimant for benefits and to notify the claimant of the determination and the reasons therefor. Existing law authorizes the claimant to appeal therefrom to an administrative law judge within 60 days from service of the notice of determination. This bill would extend the period during which the claimant may appeal the department's determination from 30 days to 60 days. The bill would also delete an obsolete provision. Pursuant to the above-described state disability insurance program, existing law requires the executive officer of the Employment Development Department, known as the Director of Employment Development, to administer the state's unemployment compensation disability insurance program, which includes the family temporary disability insurance program, also known as the paid family leave program. Existing law establishes the family temporary disability insurance program for the provision of wage replacement benefits to workers who take time off work to care for certain seriously ill family members, to bond with a minor child within one year of birth or placement, as specified, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of certain family members. Existing law requires an individual to file a claim for family temporary disability insurance benefits no later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, as specified. Existing law provides that an individual is deemed eligible for family temporary disability insurance benefits only if the director makes specified findings. Existing law requires the department to distribute the application for family temporary disability insurance benefits, in addition to English, in all non-English languages spoken by a substantial number of non-English-speaking applicants, as defined. This bill would extend the timeline for an individual to file a claim for family temporary disability insurance benefits to no later than the 60th consecutive day following the first compensable day with respect to which the claim is made for benefits, and would authorize an individual, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, to file that claim for benefits no earlier than 30 days before the first compensable day, as provided. For purposes of the state's unemployment compensation disability insurance program, existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 30 days from mailing or personal service of the determination, which may be extended for good cause. For purposes of the paid family leave program, this bill would extend the appeal timeline to 60 days from the service of the notice of determination, and would authorize that period to be extended for good cause, as defined. The bill would also require the department, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, to issue the initial payment for family temporary disability insurance benefits within 14 days of receipt of an eligible claimant's properly completed first family temporary disability insurance claim or as soon as eligibility begins, whichever occurs later.

Maddy summaryThis California Assembly resolution encourages the U.S. Congress to pass legislation creating a National Infrastructure Bank to fund critical repairs and upgrades for roads, bridges, dams, and other public works. The bill cites reports from the American Society of Civil Engineers highlighting billions of dollars in investment gaps and poor conditions affecting California's transportation and water systems. It advocates for a financing model that uses existing federal debt rather than new taxes, aiming to stimulate the economy, create jobs, and prioritize projects in disadvantaged communities. The resolution formally requests that federal leaders adopt this approach to address the state's urgent infrastructure needs.

Maddy summaryThis California House Resolution condemns the July 13, 2024, assassination attempt on former President Donald J. Trump and calls for an end to political violence. The measure highlights the event where Trump was wounded while speaking at a rally in Butler, Pennsylvania, and notes that one attendee died and others were injured while trying to protect him. It urges the state to foster a political environment based on respectful discourse and nonviolence. The resolution is a formal statement of the Assembly's stance and does not create new laws or change existing policies.

This measure would recognize the importance of California Native American Day, celebrated this year on September 27, 2024, and the annual California Indian Cultural Awareness Conference, to the enhancement of awareness of California Indian culture.

Maddy summaryThis bill establishes Filipino American History Month to recognize the long-standing contributions of Filipinos to California and the United States. It directly affects state officials and the public by designating a specific month for commemoration and education. The resolution highlights historical milestones, including early Spanish-era interactions, the development of Filipino communities in cities like Stockton and San Francisco, and the significant roles Filipinos played in agriculture, shipbuilding, and military service during World War II. By formally acknowledging these events, the bill aims to promote awareness of Filipino American heritage within the state.

Maddy summaryThis bill designates November 22, 2024, as Kimchee Day in California to honor the traditional Korean dish and its cultural significance. It acknowledges the long history of kimchee, the contributions of Korean Americans, and the dish's recognized health benefits and growing popularity in the United States. The resolution directs the Assembly's Chief Clerk to send copies of the document to the author for distribution.