Bill Text: CA SB332 | 2013-2014 | Regular Session | Chaptered

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Bill Title: California Health Benefit Exchange: records.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-10-01 - Chaptered by Secretary of State. Chapter 446, Statutes of 2013. [SB332 Detail]

Download: California-2013-SB332-Chaptered.html

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BILL NUMBER: SB 332	CHAPTERED
	BILL TEXT

	CHAPTER  446
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2013
	APPROVED BY GOVERNOR  OCTOBER 1, 2013
	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN SENATE  MAY 16, 2013

INTRODUCED BY   Senators Emmerson and DeSaulnier

                        FEBRUARY 19, 2013

   An act to amend Section 100508 of the Government Code, relating to
health care coverage, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 332, Emmerson. California Health Benefit Exchange: records.
   Under the federal Patient Protection and Affordable Care Act
(PPACA), each state is required, by January 1, 2014, to establish an
American Health Benefit Exchange that makes available qualified
health plans to qualified individuals and small employers. Existing
state law establishes the California Health Benefit Exchange
(Exchange) within state government, specifies the powers and duties
of the board governing the Exchange, and requires the board to
facilitate the purchase of qualified health plans through the
Exchange by qualified individuals and small employers by January 1,
2014.
   Under the California Public Records Act (CPRA), public records of
state and local agencies are open to public inspection, as specified,
unless a record is exempt from disclosure. Existing law exempts
specified records of the Exchange from CPRA and requires, except for
the portion of a contract that contains the rates of payment,
contracts entered into, and amendments to contracts entered into, by
the board to be open to inspection after one year.
   This bill would instead make open to public inspection the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
The bill would provide that the one year exemption from disclosure
for contracts with participating carriers apply to those contracts
entered into on or after the effective date of the bill. The bill
would also require that the portion of the contract or amendment
containing the rates of payment be open to inspection 3 years after a
contract or amendment is open to inspection pursuant to these
provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 100508 of the Government Code is amended to
read:
   100508.  (a) Records of the Exchange that reveal any of the
following shall be exempt from disclosure under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1):
    The deliberative processes, discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the Exchange, entities with which the
Exchange is considering a contract, or entities with which the
Exchange is considering or enters into any other arrangement under
which the Exchange provides, receives, or arranges services or
reimbursement.
   (b) The following records of the Exchange shall be exempt from
disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) as follows:
   (1) (A) Except for the portion of a contract that contains the
rates of payments, contracts with participating carriers entered into
pursuant to this title on or after the date the act that added this
subparagraph becomes effective, shall be open to inspection one year
after the effective dates of the contracts.
   (B) If contracts with participating carriers entered into pursuant
to this title are amended, the amendments shall be open to
inspection one year after the effective date of the amendments.
   (c) Three years after a contract or amendment is open to
inspection pursuant to subdivision (b), the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (d) Notwithstanding any other law, entire contracts with
participating carriers or amendments to contracts with participating
carriers shall be open to inspection by the Joint Legislative Audit
Committee. The committee shall maintain the confidentiality of the
contracts and amendments until the contracts or amendments to a
contract are open to inspection pursuant to subdivisions (b) and (c).

  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that public resources are managed efficiently
and appropriately in the state's efforts to facilitate the purchase
of qualified health plans through the California Health Benefit
Exchange by qualified individuals and small employers beginning
January 1, 2014, it is necessary that this act take effect
immediately.