Bill Text: CA AB1428 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1428 (Prior Session Legislation)

Bill Title: California Health Benefit Exchange: employees and contractors.

Sponsorship: Partisan Bill (Republican 10)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State - Chapter 561, Statutes of 2013. [AB1428 Detail]

Download: California-2013-AB1428-Chaptered.html

BILL NUMBER: AB 1428	CHAPTERED
	BILL TEXT

	CHAPTER  561
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2013
	APPROVED BY GOVERNOR  OCTOBER 4, 2013
	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN SENATE  AUGUST 27, 2013
	AMENDED IN ASSEMBLY  JUNE 26, 2013
	AMENDED IN ASSEMBLY  JUNE 11, 2013

INTRODUCED BY   Assembly Member Conway
   (Coauthors: Assembly Members Bigelow, Dahle, Hagman, Harkey,
Morrell, Patterson, Wagner, Waldron, and Wilk)

                        APRIL 30, 2013

   An act to amend Section 1043 to the Government Code, relating to
health care coverage, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1428, Conway. California Health Benefit Exchange: employees and
contractors.
   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. Existing law requires the board to employ necessary staff and
authorizes the board to enter into contracts.
   Existing law requires the board, consistent with federal guidance
applicable to state-based exchanges, to submit to the Department of
Justice fingerprint images and related information of specified
individuals whose duties include or would include access to
confidential information, personal identifying information, personal
health information, federal tax information, financial information,
or any other information as required by federal law or guidance
applicable to state-based exchanges for the purposes of obtaining
information as to the existence and content of a record of state or
federal convictions and information as to the existence and content
of a record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
recognizance pending trial or appeal.
   This bill would revise these provisions to require that the
fingerprint images and related information be submitted to the
Department of Justice consistent with the federal Centers for
Medicare and Medicaid Services (CMS), Catalog of Minimum Acceptable
Risk Standards for Exchanges (MARS-E), Exchange Reference
Architecture Supplement version 1.0, issued on August 12, 2012, or
further updates, guidance, or regulations, for those individuals
whose duties include or would include access to the specified
information contained in the information systems and devices of the
Exchange.
   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 1043 of the Government Code is amended to read:

   1043.  (a) (1) The executive board of the California Health
Benefit Exchange, as established by Section 100500, shall, consistent
with the federal Centers for Medicare and Medicaid Services (CMS),
Catalog of Minimum Acceptable Risk Standards for Exchanges (MARS-E),
Exchange Reference Architecture Supplement version 1.0, issued on
August 12, 2012, or further updates, guidance, or regulations, submit
to the Department of Justice fingerprint images and related
information required by the Department of Justice of all employees,
prospective employees, contractors, subcontractors, volunteers, or
vendors, whose duties include or would include access to confidential
information, personal identifying information, personal health
information, federal tax information, or financial information
contained in the information systems and devices of the Exchange, or
any other information as required by federal law or guidance
applicable to state-based exchanges for the purposes of obtaining
information as to the existence and content of a record of state or
federal convictions and also information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her recognizance pending trial or appeal.
   (2) The board shall require any services contract, interagency
agreement, or public entity agreement that includes or would include
access to information described in paragraph (1), and entered into,
renewed, or amended on or after the effective date of this section,
to include a provision requiring the contractor to agree to criminal
background checks on its employees, contractors, agents, or
subcontractors who will have access to information described in
paragraph (1) as part of their services contract, interagency
agreement, or public entity agreement with the board.
   (b) The Department of Justice shall forward to the Federal Bureau
of Investigation requests for federal summary criminal history
information received pursuant to paragraph (1) of subdivision (a).
The Department of Justice shall review the information returned from
the Federal Bureau of Investigation and compile and disseminate a
response to the board.
   (c) The Department of Justice shall provide a state or federal
level response to the board pursuant to subdivision (p) of Section
11105 of the Penal Code.
   (d) The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons listed in paragraph (1) of
subdivision (a).
   (e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing requests pursuant to this section.
  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 protect and safeguard customers from the unauthorized
and illegal access to, or disclosure of, their personal identifying
information, personal health information, or federal tax information
when the California Health Benefit Exchange begins enrolling
customers into health care plans for coverage beginning as early as
January 1, 2014, it is necessary that this act take effect
immediately.