Existing law, the California Consumer Privacy Act of 2018 (CCPA) , imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K–12 student's personal information, except as specified. This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances. The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
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Existing law authorizes local health officers and the State Department of Public health to operate immunization information systems. Existing law, except as provided, authorizes health care providers and other agencies, including, among others, schools, childcare facilities, family childcare homes, and county human services agencies, to disclose specified immunization information with local health departments and the State Department of Public Health, and authorizes local health departments and the department to disclose that same information to each other and to health care providers, schools, childcare facilities, family childcare homes, and county human services agencies, among others, as specified. Existing law specifies the immunization, patient, or client information that may be disclosed, which includes, among other things, patient or client demographic information, immunization data, adverse reactions to the immunization, or other information needed to identify the patient or client or to comply with other laws. This bill would instead require health care providers and other agencies, including schools, childcare facilities, family childcare homes, and county human services agencies to disclose the specified immunization information, and would add the patient's or client's race and ethnicity to the list of information that shall or may be disclosed. By imposing new duties on schools and county human services agencies, the bill would impose a state-mandated local program. Existing law requires schools, childcare facilities, family childcare homes, and county human services agencies to maintain the confidentiality of the specified immunization information and to only use the information for specified purposes, including to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both. This bill would, until January 1, 2026, additionally authorize schools, childcare facilities, family childcare homes, and county human services agencies to use the specified immunization information, for the COVID-19 public health emergency, to perform immunization status assessments of pupils, adults, and clients to ensure health and safety. 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 the statutory provisions noted above.
Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) to enter into partnerships, in consultation with other state departments as necessary to, among other things, increase patient access to affordable drugs. Existing law requires CHHSA to enter into such partnerships to produce or distribute at least one form of insulin, if a viable pathway for manufacturing a more affordable form of insulin exists at a price that results in savings. Existing law, for the purposes of implementing the California Affordable Drug Manufacturing Act of 2020, until December 31, 2027, permits CHHSA and its departments to enter into exclusive or nonexclusive contracts on a bid or negotiated basis. This bill would require CHHSA to establish metrics to measure progress and efficiency, and remedies in the case those metrics are not met, and include those metrics and remedies in any contract entered into pursuant to these provisions. The bill would eliminate the viability requirement for the manufacturing of insulin pursuant to these provisions and would require any partnership, among other things, to consider guaranteeing priority access to insulin supply for the state. This bill would require, upon appropriation by the Legislature, the development of a California-based manufacturing facility for insulin with the intent of creating high-skill, high-paying jobs within the state.
Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health, including licensing and regulating health facilities and control of infectious diseases. Existing law requires the department to examine the causes of communicable disease in humans and domestic animals occurring, or likely to occur, in the state, and to establish a list of reportable diseases and the mechanism and timeline requirements for that reporting. Existing law requires local health departments to have available the services of a public health laboratory for the examination of specimens from suspected cases of infectious and environmental diseases. Existing law requires the laboratory to provide the analyses required to assist in community disease surveillance. This bill, no later than January 1, 2024, would require the department to complete an evaluation of the effectiveness of the state's viral surveillance capacity, including a comprehensive list of all public health laboratories and private clinical laboratories that conduct viral surveillance and genomic sequencing, as specified, and recommendations on how to optimize the state's viral surveillance capabilities. The bill, no later than January 1, 2025, would require the department to establish the "Viral Surveillance Hub" (VSH) that would be responsible for timely communication with any laboratory that conducts viral surveillance and identifies a potential novel virus or variant. The bill, beginning January 1, 2025, would require a laboratory conducting viral surveillance to report within appropriate timeframes established by the department to VSH the identification of a potential novel virus or variant strongly suspected to be a pathogen as well as to submit within appropriate timeframes established by the department samples of each potential novel virus or variant strongly suspected to be a pathogen to VSH, as specified. The bill would require VSH to conduct next-generation sequencing of any samples, as specified, submitted by a viral surveillance facility and would allow VSH to contract with an outside entity to conduct this sequencing. The bill would require the department to have the results from viral sequences published on an internet website designed to hold sequence data, such as GISAID, with a hyperlink to the results on the department's internet website. The bill would require VSH to notify local health departments and the federal Centers for Disease Control and Prevention upon a confirmed detection of a new virus or variant in the population.
Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law establishes a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits, including CalFresh benefits. Existing law authorizes, to the extent and manner allowed by federal law and regulation, an interested collective group or association of produce sellers that is United States Department of Agriculture's Food and Nutrition Service authorized and actively participating in produce sales in a farmers' market, flea market, or certified farmers' market to initiate and operate an electronic benefit transfer acceptance system on behalf of its members. This bill would establish the Local, Equitable Access to Food (LEAF) Program and would require, upon an appropriation by the Legislature for these purposes, the Department of Food and Agriculture, with support from the State Department of Social Services, to establish a noncompetitive grant program designed to expand the use of EBT acceptance systems at California certified farmers' markets and tribe-operated farmers' markets on Indian reservations. The bill would, as part of that grant program, require grants to be provided to certified farmers' market operators or farmers' markets operated by tribal governments. The bill would limit the use of grant funds for specified activities relating to expanding the use of EBT acceptance systems at farmers' markets, including, among others, scaling and improving EBT processes at existing certified farmers' markets. The bill would create certain additional requirements for certified farmers' markets that use grant funds to hire an individual, or to contract with a third party, to operate an EBT acceptance system, including a requirement that the person operating the EBT acceptance system be available at all times the certified farmers' market is open to the public. The bill would also, as part of that grant program, require grants to be provided to nonprofit organizations to provide technical assistance to certified farmers' markets on the implementation of high-quality EBT acceptance systems. The bill would require nonprofit organizations that receive this grant to use grant funds to create materials that explain the EBT transaction process and translate those materials, as specified. The bill would also authorize the nonprofit organization to use grant funds for certain other purposes, including assisting certified farmers' markets in becoming authorized retailers under the CalFresh program. The bill would require the department to submit a report to all appropriate legislative committees 9 months after the department has issued sufficient grants to evaluate the program. The bill would prohibit the departments from using more than 5 percent of any funds appropriated for the purpose of these provisions on administrative costs.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, the Medi-Cal program administers the Family Planning, Access, Care, and Treatment (Family PACT) Program within the department to provide comprehensive clinical family planning services to a person with a family income at or below 200% of the federal poverty level. Existing law requires reimbursement rates for office visits billed as comprehensive clinical family planning services by Family PACT providers or Medi-Cal providers to receive a rate augmentation equal to the weighted average of at least 80% of the amount that the federal Medicare program reimburses for the same or similar office visits. This bill would, subject to an appropriation by the Legislature and any potential draw down of federal matching funds, require an office visit to a Family PACT provider or Medi-Cal provider for specified services for uninsured, income-eligible patients, or patients with health care coverage who have confidentiality concerns, who are not at risk of experiencing or causing an unintended pregnancy, and who are not in need of contraceptive services, to be reimbursed at the same rate as comprehensive clinical family planning services. The bill would require the department to issue a report to the Legislature on certain information such as the total number of persons treated under this provision and the total cost, among other things. Existing law, under specified conditions, includes in the benefits for Medi-Cal and the Family PACT program home test kits for sexually transmitted diseases and the laboratory testing required to process those kits that are deemed medically necessary or appropriate and ordered directly by a health care provider or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. Existing law requires that a home test kit be sent by the enrolled Medi-Cal or Family PACT provider to a laboratory. This bill would leave unspecified who would be required to send the home test kits. This bill would incorporate additional changes to Section 14132 of the Welfare and Institutions Code proposed by AB 1929 and SB 912 to be operative only if this bill, AB 1929, and SB 912 are enacted and this bill is enacted last.
(1) 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 (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, 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 provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer to provide a special enrollment period for individual health benefit plans offered through the Exchange from December 16 of the preceding calendar year to January 31 of the benefit year, inclusive, for policy years beginning on or after January 1, 2020. Under existing law, February 1 of the benefit year is the effective coverage date for individual health benefit plans offered outside and through the Exchange that are selected from December 16 to January 31, inclusive. This bill would eliminate the above-described special enrollment period for individual health benefit plans offered through the Exchange for policy years on or after January 1, 2023, and would instead create an annual enrollment period from November 1 of the preceding calendar year to January 31 of the benefit year, inclusive. The bill would specify that the effective date of coverage for individual health benefit plans offered outside and through the Exchange would be no later than January 1 of the benefit year for plan selection made from November 1 to December 31 of the preceding calendar year, inclusive, and would be no later than February 1 of the benefit year for plan selection made from January 1 to January 31 of the benefit year, inclusive. 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 requires a health care service plan contract or a disability insurance policy that provides coverage for hospital, medical, or surgical benefits, excluding a specialized health care service plan contract or health insurance policy, to cover the costs of testing and immunization for COVID-19, or a future disease when declared a public health emergency by the Governor, and prohibits the contract or policy from imposing cost sharing or prior authorization requirements for that coverage. Under existing law, the requirement to cover COVID-19 testing and immunizations delivered by an out-of-network provider without cost sharing does not apply to testing and immunizations furnished on or after the expiration of the federal public health emergency. A violation of these provisions by a health care service plan is a crime. This bill would provide that a health care service plan, including a Medi-Cal managed care plan, or disability insurer is not required to cover the cost sharing for COVID-19 testing and immunizations delivered by an out-of-network provider beginning 6 months after the federal public health emergency expires. The bill would prohibit a provider from reporting adverse information to a consumer credit reporting agency or commence civil action against an enrollee or insured for payment of COVID-19-related items, services, or immunizations. If a contract or policy covers therapeutics for COVID-19, as specified, the bill would extend these and the above-described provisions to therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration for treatment of COVID-19 when prescribed or furnished by a licensed health care provider acting within their scope of practice and the standard of care. The bill would require a contract, including a Medi-Cal managed care plan contract, or policy to cover therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration for a disease that the Governor has declared a public health emergency. The bill would extend existing duties for health care service plans during a declared public health emergency to Medi-Cal managed care plans. The bill would eliminate a health care service plan's criminal liability for a violation of COVID-19 testing and immunization coverage requirements that occurred before January 1, 2022. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health. Existing law specifies what duties the various clinical laboratory personnel can perform. A violation of these provisions is a crime. This bill would add geneticists and reproductive biologists to the types of clinical laboratory personnel that are licensed and regulated by the department and would define their subspecialities and duties. By creating a new crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 1206 and 1210 of the Business and Professions Code proposed by AB 1328 and AB 2107, respectively, to be operative only if this bill and AB 1328 or AB 2107 are enacted and this bill is enacted last. 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 Summer School for Mathematics and Science to provide academic development to enable pupils, including pupils who are not California residents, with demonstrated academic excellence in mathematics and science who meet one of 3 specified enrollment criteria to receive intensive educational enrichment in these subjects and to provide an opportunity for pupils who wish to study mathematics or science or to pursue careers that require a high degree of skills in and knowledge of mathematics and science. Existing law requests the Regents of the University of California to operate the summer school. Existing law states the Legislature's intent that the Regents of the University of California adopt policies that will enable pupils who are not California residents, including residents of other countries, to be admitted to the summer school. This bill would limit the eligibility criteria to certain pupils from a California school and would delete provisions related to the admission of pupils who are not California residents to the summer school. Existing law, until January 1, 2023, requests the regents to develop and implement a statewide application procedure for the summer school, as specified, and requires that the cost of the application process be at least partially offset by charging each applicant a fee not to exceed $30. Existing law, until January 1, 2023, also requests the regents to set a tuition fee within a range that corresponds to actual program costs, up to but not exceeding $2,810 per session in 2012 and to increase this fee by an amount of up to 5% each year thereafter. This bill instead would set the application fee at $40 in 2023, and authorize this fee to be increased by an amount of up to 5% each year thereafter. The bill would request the regents to set a tuition fee for the summer school within a range that corresponds to actual program costs, up to but not exceeding $4,770 per session in 2023, and to increase this fee by an amount of up to 5% each year thereafter. The bill would extend these provisions until January 1, 2028.
Existing law requires an operator of a commercial website or online service that collects personally identifiable information through the internet about individual consumers residing in California who use or visit its commercial website or online service to make its privacy policy available to consumers, as specified. This bill would require a social media company, as defined, to post their terms of service for each social media platform, as defined, owned or operated by the company in a specified manner and with additional specified information, subject to certain exceptions. The bill would define "terms of service" to mean a policy or set of policies adopted by a social media company that specifies, at least, the user behavior and activities that are permitted on the internet-based service owned or operated by the social media company, and the user behavior and activities that may subject the user or an item of content to being actioned, as defined. This bill would also require the social media company to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General. The bill would specify the information required by the reports, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. The bill would require the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website. The bill would state the intent of the Legislature that a social media company that violates the above provisions shall be subject to meaningful remedies sufficient to induce compliance with these provisions, and would specify civil penalties that a company shall be liable for if the bill's provisions are violated, and how the Attorney General or a city attorney may bring an action against violators. The bill would specify that the duties, obligations, remedies, and penalties imposed by the bill are cumulative to existing law.