Bill Text: CA AB107 | 2013-2014 | Regular Session | Amended

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Bill Title: Health.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed - Dead) 2013-09-10 - Ordered to inactive file at the request of Senator Leno. [AB107 Detail]

Download: California-2013-AB107-Amended.html

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BILL NUMBER: AB 107	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 26, 2013

INTRODUCED BY   Committee on Budget (  Blumenfield 
 Skinner  (Chair), Bloom,  Bonilla,  
Campos,  Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer,
Mitchell, Mullin, Muratsuchi, Nazarian,  Rendon, 
Stone, and Ting))

                        JANUARY 10, 2013

    An act relating to the Budget Act of 2013.  
An act to amend Sections 11751 and 131055.2 of the Health and Safety
Code, to add Section 5848.6 to the Welfare and Institutions Code,
and to amend Section 71 of Chapter 23 of the Statutes of 2013,
relating to health, and making an appropriation therefor, to take
effect immediately, bill related to the budget. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 107, as amended, Committee on Budget.  Budget Act of
2013.   Health. 
   (1) Existing law transfers the duties, powers, purposes,
functions, responsibilities, and jurisdiction of the former State
Department of Alcohol and Drug Programs to the State Department of
Health Care Services, except as specified.  
   This bill would, until July 1, 2017, authorize the State
Department of Health Care Services to liquidate the prior years'
encumbrances previously obligated by the former State Department of
Alcohol and Drug Programs. The bill would require the Controller to
transfer the balances of certain prior year appropriations from the
former State Department of Alcohol and Drug Programs to the State
Department of Health Care Services for these purposes.  
   (2) Existing law transfers the duties, powers, purposes,
functions, responsibilities, and jurisdiction of the former State
Department of Alcohol and Drug Programs as they relate to the Office
of Problem and Pathological Gambling to the State Department of
Public Health.  
   This bill, until July 1, 2017, would authorize the State
Department of Public Health to liquidate the prior years'
encumbrances previously obligated by the Office of Problem and
Pathological Gambling. The bill would require the Controller to
transfer the balances of certain prior year appropriations from the
Office of Problem and Pathological Gambling to the State Department
of Public Health for these purposes.  
   (3) Existing law, the Investment in Mental Health Wellness Act of
2013, requires that funds appropriated by the Legislature to the
California Health Facilities Financing Authority (authority) for the
purposes of the act be made available to selected counties or
counties acting jointly, except as otherwise provided, and used to
increase capacity for client assistance and services in crisis
intervention, crisis stabilization, crisis residential treatment,
rehabilitative mental health services, and mobile crisis support
teams. Among other things, the act authorizes the authority to adopt
emergency regulations relating to the grants for the capital capacity
and program expansion projects, including emergency regulations that
define eligible costs and determine minimum and maximum grant
amounts.  
   This bill would require that these emergency regulations be
adopted in accordance with the Administrative Procedure Act, as
specified.  
   (4) Existing law establishes the California Health Benefit
Exchange (Exchange) within state government, specifies the powers and
duties of the executive 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. Existing law requires the board to undertake
outreach and enrollment activities that seek to assist enrollees and
potential enrollees with enrolling in the Exchange, and requires the
board to inform individuals of eligibility requirements for the
Medi-Cal program, the Healthy Families Program, or any applicable
state or local public program and, if, through screening of the
application by the Exchange, the Exchange determines that an
individual is eligible for of those programs, to enroll that
individual in the program. Existing law requires the State Department
of Health Care Services to accept contributions by private
foundations in specified amounts for purposes of making payments to
entities and persons for Medi-Cal in-person enrollment assistance, as
specified, and to provide allocations for the management and funding
of Medi-Cal outreach and enrollment plans, as specified.  
   This bill would establish the Healthcare Outreach and Medi-Cal
Enrollment Account, consisting of non-General Fund public and private
funds, in the Special Deposit Fund for purposes of outreach to and
enrollment of targeted Medi-Cal populations and to compensate
Medi-Cal in-person assisters. The bill would appropriate the sum of
$14,000,000 from this account and the sum of $14,000,000 from the
Federal Trust Fund, to the State Department of Health Care Services
for purposes of compensating eligible Medi-Cal in-person assisters.
The bill would appropriate the sum of $12,500,000 from the account
and the sum of $12,500,000 from the Federal Trust Fund, to the State
Department of Health Care Services to provide allocations for
outreach and enrollment grants to eligible entities, as specified.
The bill would authorize the department to use up to $500,000 of
these funds for administrative activities, as specified. The bill
would make these provisions inoperative on June 30, 2018, and would
repeal them as of January 1, 2019. The bill would also make
conforming changes related to these provisions.  
   (5) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes .
State-mandated local program: no.


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

   SECTION 1.    Section 11751 of the   Health
and Safety Code   is amended to read: 
   11751.  (a) Except as provided in Section 131055.2, the State
Department of Health Care Services shall succeed to and be vested
with all the duties, powers, purposes, functions, responsibilities,
and jurisdiction of the former State Department of Alcohol and Drug
Programs.
   (b) Any reference in statute, regulation, or contract to the State
Department of Alcohol and Drug Programs or the State Department of
Alcohol and Drug Abuse shall refer to the State Department of Health
Care Services to the extent that they relate to the transfer of
duties, powers, purposes, functions, responsibilities, and
jurisdiction made pursuant to this section.
   (c) No contract, lease, license, or any other agreement to which
the State Department of Alcohol and Drug Programs is a party shall be
made void or voidable by reason of the act that enacted this
section, but shall continue in full force and effect with the State
Department of Health Care Services assuming all of the rights,
obligations, and duties of the State Department of Alcohol and Drug
Programs with respect to the transfer of duties, powers, purposes,
functions, responsibilities, and jurisdiction made pursuant to this
section.
   (d)  (1)    All unexpended balances of
appropriations and other funds available for use by the State
Department of Alcohol and Drug Programs in connection with any
function or the administration of any law transferred to the State
Department of Health Care Services pursuant to the act that enacted
this section shall be available for use by the State Department of
Health Care Services for the purpose for which the appropriation was
originally made or the funds were originally available. 
   (2) The State Department of Health Care Services may, until July
1, 2017, liquidate the prior years' encumbrances previously obligated
by the former State Department of Alcohol and Drug Programs. The
Controller shall transfer the following Budget Act appropriations
from the former State Department of Alcohol and Drug Programs to the
State Department of Health Care Services for use by the State
Department of Health Care Services to liquidate the prior years'
encumbrances previously obligated by the former State Department of
Alcohol and Drug Programs:  
   (A) Items 4200-001-0001, 4200-001-0139, 4200-001-0243,
4200-001-0816, 4200-001-0890, 4200-001-3113, 4200-101-0001,
4200-101-0890, 4200-102-0001, 4200-103-0001, 4200-104-0001, and
4200-104-0890 of Section 2.00 of the Budget Act of 2011 (Chapter 33
of the Statues of 2011).  
   (B) Items 4200-001-0001, 4200-001-0139, 4200-001-0243,
4200-001-0816, 4200-001-0890, 4200-001-3113, 4200-101-0001,
4200-101-0890, 4200-104-0001, and 4200-104-0890 of Section 2.00 of
the Budget Act of 2012 (Chapter 21 of the Statutes of 2012). 
   (e) All books, documents, forms, records, data systems, and
property of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section
shall be transferred to the State Department of Health Care Services.

   (f) Positions filled by appointment by the Governor in the State
Department of Alcohol and Drug Programs whose principal assignment
was to perform functions transferred pursuant to this section shall
be transferred to the State Department of Health Care Services.
   (g) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred pursuant to this section, are transferred to the State
Department of Health Care Services pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of those persons shall not be affected by their transfer and
shall continue to be retained by them pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions the duties of
which are vested in a position exempt from civil service. The
personnel records of all employees transferred pursuant to this
section shall be transferred to the State Department of Health Care
Services.
   (h) Any regulation or other action adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, power, purpose, function, or
responsibility pursuant to this division or Division 10.6 (commencing
with Section 11998) in effect prior to July 1, 2013, shall remain in
effect unless or until amended, and shall be deemed to be a
regulation or action of the agency to which or officer to whom the
program, duty, power, purpose, function, responsibility, or
jurisdiction is assigned pursuant to this section.
   (i) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty, power,
purpose, function, or responsibility transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
power, purpose, function, or responsibility under that section.
   SEC. 2.    Section 131055.2 of the   Health
and Safety Code   is amended to read: 
   131055.2.  (a) Commencing July 1, 2013, the State Department of
Public Health shall succeed to and be vested with all the duties,
powers, purposes, functions, responsibilities, and jurisdiction of
the former State Department of Alcohol and Drug Programs as they
relate to the Office of Problem and Pathological Gambling (Chapter 8
(commencing with Section 4369) of Part 3 of Division 4 of the Welfare
and Institutions Code).
   (b) For purposes of the Office of Problem and Pathological
Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of
Division 4 of the Welfare and Institutions Code) and the Gambling
Addiction Program Fund (Article 12 (commencing with Section 19950) of
Chapter 5 of Division 8 of the Business and Professions Code),
references to the State Department of Alcohol and Drug Programs shall
refer to the State Department of Public Health.
   (c) All fees collected from licensees in accordance with Article
12 (commencing with Section 19950) of Chapter 5 of Division 8 of the
Business and Professions Code and deposited into the Gambling
Addiction Program Fund shall be available to the State Department of
Public Health in accordance with the requirements of that section.
   (d) Notwithstanding any other law, any reference in statute,
regulation, or contract to the State Department of Alcohol and Drug
Programs or the State Department of Alcohol and Drug Abuse shall be
construed to refer to the State Department of Public Health when it
relates to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section.
   (e) No contract, lease, license, or any other agreement to which
the State Department of Alcohol and Drug Programs is a party shall be
made void or voidable by reason of this section, but shall continue
in full force and effect with the State Department of Public Health
assuming all of the rights, obligations, and duties of the State
Department of Alcohol and Drug Programs with respect to the transfer
of duties, powers, purposes, functions, responsibilities, and
jurisdiction made pursuant to this section.
   (f)  (1)    All unexpended balances of
appropriations and other funds available for use by the State
Department of Alcohol and Drug Programs in connection with any
function or the administration of any law transferred to the State
Department of Public Health pursuant to the act that enacted this
section shall be available for use by the State Department of Public
Health for the purpose for which the appropriation was originally
made or the funds were originally available. 
   (2) The State Department of Public Health may, until July 1, 2017,
liquidate the prior years' encumbrances previously obligated by the
Office of Problem and Pathological Gambling. The Controller shall
transfer all balances of the following Budget Act appropriations from
the Office of Problem and Pathological Gambling to the State
Department of Public Health, for use by the State Department of
Public Health to liquidate any prior years' encumbrances previously
obligated by the Office of Problem and Pathological Gambling: 

   (A) Items 4200-001-0367, 4200-101-0367, and 4200-001-3110 of
Section 2.00 of the Budget Act of 2011 (Chapter 33 of the Statutes of
2011).  
   (B) Items 4200-001-0367, 4200-101-0367, and 4200-001-3110 of
Section 2.00 of the Budget Act of 2012 (Chapter 21 of the Statutes of
2012). 
   (g) All books, documents, forms, records, data systems, and
property of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section
shall be transferred to the State Department of Public Health.
   (h) Positions filled by appointment by the Governor in the State
Department of Alcohol and Drug Programs whose principal assignment
was to perform functions transferred pursuant to this section shall
be transferred to the State Department of Public Health. All
employees serving in state civil service, other than temporary
employees, who are engaged in the performance of functions
transferred pursuant to this section, are transferred to the State
Department of Public Health pursuant to the provisions of Section
19050.9 of the Government Code. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions the duties of which
are vested in a position exempt from civil service. The personnel
records of all employees transferred pursuant to this section shall
be transferred to the State Department of Public Health.
   (i) Any regulation, order, or other action adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, power, purpose, function, or
responsibility pursuant to the Office of Problem and Pathological
Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of
Division 4 of the Welfare and Institutions Code) and the Gambling
Addiction Program Fund (Article 12 (commencing with Section 19950) of
Chapter 5 of Division 8 of the Business and Professions Code) in
effect prior to July 1, 2013, shall remain in effect unless or until
amended, readopted, or repealed, or until they expire by their own
terms, and shall be deemed to be a regulation or action of the agency
to which or officer to whom the program, duty, power, purpose,
function, responsibility, or jurisdiction is assigned pursuant to
this section.
   (j) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty, power,
purpose, function, or responsibility transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
power, purpose, function, or responsibility under this section.
   SEC. 3.    Section 5848.6 is added to the  
Welfare and Institutions Code   , to read:  
   5848.6.  Any emergency regulations that may be adopted by the
California Health Facilities Financing Authority, as described in
paragraph (8) of subdivision (d) of Section 5848.5, shall be adopted
in accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code). The adoption of these regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. 
   SEC. 4.    Section 71 of Chapter 23 of the Statutes
of 2013 is amended to read: 
  SEC. 71.  (a) (1) The State Department of Health Care Services
shall accept funding from private foundations in the amount of at
least $12.5 million to provide allocations for the management and
funding of Medi-Cal outreach and enrollment plans specific to the
provisions contained in this section.
   (2) The department shall seek necessary federal approval for
purposes of obtaining federal funding for activities conducted under
this section.
   (3) Notwithstanding any other law, and in a manner that the
Director of Health Care Services shall provide, the department may
make allocations to fund Medi-Cal outreach and enrollment activities
as described in this section.
   (b) (1) Funds appropriated by the Legislature to the department
for the purposes of this section shall be made available to selected
counties, counties acting jointly, and the County Medical Services
Program Governing Board pursuant to Section 16809 of the Welfare and
Institutions Code.
   (2) Selected counties, counties acting jointly, and the County
Medical Services Program Governing Board may partner with
community-based organizations as applicable to conduct outreach and
enrollment to the target population as contained in subdivision (d).
   (3) The director may, at his or her discretion, also give
consideration to community-based organizations in an area or region
of the state if a county, or counties acting jointly do not seek an
allocation or funds are made available.
   (4) For purposes of this section only, "county" shall be defined
as county, city and county, a consortium of counties serving a region
consisting of more than one county, the County Medical Services
Program Governing Board, or a health authority.
   (c) (1) The allocations shall be apportioned geographically, by
the entities identified in subdivision (b), according to the
estimated number of persons who are eligible but not enrolled in
Medi-Cal and who will be newly Medi-Cal eligible as of January 1,
2014.
   (2) The department may determine the number of allocations and the
application process. The director may consult or obtain technical
assistance from private foundations in implementation of the
application and allocation process.
   (3) The department shall coordinate and partner with the
California Health Benefit Exchange on certified application assister
and outreach, enrollment, and marketing activities related to the
federal Patient Protection and Affordable Care Act.
   (d) Notwithstanding any other law, the department shall develop
selection criteria to allocate funds for the Medi-Cal outreach and
enrollment activities with special emphasis targeting all of the
following populations:
   (1) Persons with mental health disorder needs.
   (2) Persons with substance use disorder needs.
   (3) Persons who are homeless.
   (4) Young men of color.
   (5) Persons who are in county jail, in state prison, on state
parole, on county probation, or under postrelease community
supervision.
   (6) Families of mixed-immigration status.
   (7) Persons with limited English proficiency.
   (e) (1) The funds allocated under this section shall be used only
for the Medi-Cal outreach and enrollment activities and may
supplement, but shall not supplant, existing local, state, and
foundation funding of county outreach and enrollment activities.
   (2) Notwithstanding Section 10744 of the Welfare and Institutions
Code, the department may recoup or withhold all or part of an
allocation for failure to comply with any requirements or standards
set forth by the department for the purposes of this section.
   (f) The department shall begin the payment for the outreach and
enrollment allocation program no later than February 1, 2014.
   (g) Under the terms of the approved allocation for the outreach
and enrollment program, funded entities under this section shall not
receive payment for in-person assister payments for assisting
potential Medi-Cal enrollees.
   (h) The department shall require progress reports, in a manner as
determined by the department, from those receiving allocations under
this section.
   (i) To the extent federal funding is received for the services
specified in this section, reimbursements for costs incurred under
the approved allocations shall be made in compliance with federal
law.
   (j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, or make specific this section by
means of all-county letters, provider bulletins, or similar
instructions. 
   (k) The department may use a portion of the private foundation
funding pursuant to paragraph (a) to carry out the activities under
this section. 
   SEC. 5.    (a) The Healthcare Outreach and Medi-Cal
Enrollment Account is hereby created in the Special Deposit Fund
within the State Treasury in order to collect and allocate
non-General Fund public or private grant funds, to be expended upon
appropriation by the Legislature, for the purposes of outreach to and
enrollment of targeted Medi-Cal populations and to compensate
Medi-Cal in-person assisters, as specified in Sections 70 and 71 of
Chapter 23 of the Statutes of 2013.  
   (b) There is hereby appropriated to the State Department of Health
Care Services the following sums to compensate eligible Medi-Cal
in-person assisters as specified in Section 70 of Chapter 23 of the
Statues of 2013:  
   (1) The sum of fourteen million dollars ($14,000,000) from the
Healthcare Outreach and Medi-Cal Enrollment Account, to be available
for encumbrance or expenditure until June 30, 2016.  
   (2) The sum of fourteen million dollars ($14,000,000) from the
Federal Trust Fund, to be available for encumbrance or expenditure
until June 30, 2016.  
   (c) There is hereby appropriated to the State Department of
Healthcare Services the following sums to provide allocations for
outreach and enrollment grants to eligible entities as specified in
Section 71 of Chapter 23 of the Statutes of 2013:  
   (1) The sum of twelve million five hundred thousand dollars
($12,500,000) from the Healthcare Outreach and Medi-Cal Enrollment
Account, to be available for encumbrance or expenditure until June
30, 2016.  
   (2) The sum of twelve million five hundred thousand dollars
($12,500,000) from the Federal Trust Fund, to be available for
encumbrance or expenditure until June 30, 2016.  
   (d) Of the amounts appropriated in subdivisions (b) and (c), the
State Department of Health Care Services may expend in aggregate up
to five hundred thousand dollars ($500,000) annually in fiscal years
2013-14, 2014-15, and 2015-16, inclusive, to administer the
activities described in Sections 70 and 71 of Chapter 23 of the
Statutes of 2013, including funding for four three-year limited-term
positions, which are hereby authorized to be established. Any private
foundation funding expended by the department to administer the
activities under Sections 70 and 71 of Chapter 23 of the Statutes of
2013 shall be expended only for filled positions and administrative
expenses directly related to these sections.  
   (e) This section shall become inoperative on June 30, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 6.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.