Bill Text: CA AB1644 | 2013-2014 | Regular Session | Amended

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Bill Title: Medi-Cal: Drug Medi-Cal Program providers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1644 Detail]

Download: California-2013-AB1644-Amended.html

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BILL NUMBER: AB 1644	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2014
	AMENDED IN ASSEMBLY  MARCH 18, 2014

INTRODUCED BY   Assembly Member Medina

                        FEBRUARY 11, 2014

   An act to add Section 14124.27 to the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1644, as amended, Medina. Medi-Cal: Drug Medi-Cal Program
providers.
   Existing law provides for the Drug Medi-Cal (DMC) Treatment
Program, under which counties enter into contracts with the State
Department of Health Care Services for providing various drug
treatment services to Medi-Cal recipients, or the department directly
contracts for those services if a county elects not to do so. 
Existing law requires the department to designate Medi-Cal providers
as "limited," "moderate," or "high" categorical risk and to conduct
criminal background checks on Medi-Cal providers that the department
designates as "high" categorical risk   . 
   This bill would  require a county or the department,
before contracting with a certified DMC provider, to obtain criminal
background information to determine if the owner has been convicted
of a crime involving fraud and to request subsequent arrest
notification for those crimes   designate all DMC
Treatment Program providers as "high" categorical risk and would make
them subject to background checks, as provided   . The bill
would authorize the department, on and after January 1, 2018, to
designate a DMC Treatment Program provider as "limited" or "moderate"
categorical risk and, if it does so, would require the department to
execute a declaration, to be posted on the department's Internet Web
site, that states the reason that a "high" categorical risk
designation is no longer warranted. The bill would require the
department to transmit a copy of the declaration to the Legislature
 .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION   1.    Section 14124.27 is added to
the   Welfare and Institutions Code   , to read:
 
   14124.27.  (a) Drug Medi-Cal Treatment Program providers shall be
categorized as "high" categorical risk pursuant to Section 14043.38
and shall be subject to background checks pursuant to the provisions
of that section.
   (b) On and after January 1, 2018, the department may designate a
Drug Medi-Cal Treatment Program provider as "limited" or "moderate"
categorical risk pursuant to Section 14043.38 and federal
regulations. To designate a Drug Medi-Cal Treatment Program provider
as "limited" or "moderate" the department shall execute a
declaration, to be retained by the director and posted on the
department's Internet Web site, that states the reason that a "high"
categorical risk designation is no longer warranted. The department
shall transmit a copy of this declaration to the Legislature. 

  SECTION 1.    Section 14124.27 is added to the
Welfare and Institutions Code, to read:
   14124.27.  (a) A county or the department, before contracting with
a certified Drug Medi-Cal (DMC) provider, shall obtain state summary
criminal history information from the Department of Justice for the
DMC provider's owner to determine if the owner has been convicted of
any crime involving fraud.
   (b) The owner of the DMC provider shall submit fingerprint images
and related information to the Department of Justice for purposes of
obtaining information as to the existence and content of a record of
state or federal convictions, and state or federal arrests for which
the Department of Justice establishes that the person is free on bail
or on his or her own recognizance pending trial or appeal. The
Department of Justice shall review the available information and
compile and disseminate a response to the county or the department,
as appropriate, pursuant to Section 11105 of the Penal Code.
   (c) The county or department contracting with the DMC provider
shall request subsequent arrest notification service from the
Department of Justice, as provided under Section 11105.2 of the Penal
Code, for the owner of the DMC provider for crimes involving fraud.