Bill Text: CA SB107 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Gender-affirming health care.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State. Chapter 810, Statutes of 2022. [SB107 Detail]

Download: California-2021-SB107-Amended.html

---

Amended  IN  Assembly  April 28, 2022

Amended  IN  Senate  February 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 107

---

Introduced by Senator Wiener
(Principal coauthor: Assembly Member Mathis)(Coauthor: Senator Dodd)(Principal coauthor: Senator Atkins)
(Coauthors: Senators Eggman and Laird)
(Coauthors: Assembly Members Bauer-Kahan, Chiu, Valladares, and Wicks) Mia Bonta, Cervantes, Lee, Low, and Ward)

January 05, 2021

---

An act to add Sections 18900.3 and 18900.4 to the Welfare and Institutions Code, relating to CalFresh. Section 56.109 to the Civil Code, to amend Sections 2029.300 and 2029.350 of the Code of Civil Procedure, to add Section 150905 to the Health and Safety Code, and to amend Section 1326 of, and to add Section 819 to, the Penal Code, relating to health care.

LEGISLATIVE COUNSEL'S DIGEST

SB 107, as amended, Wiener. CalFresh. Gender-affirming health care.

The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money issued by the court of a state other than California. Existing law authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state. Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies, including that the disclosure is in response to a subpoena.

This bill would declare another state’s law authorizing a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care to be contrary to the public policy of this state. The bill would prohibit the application of that law to a controversy in state court, and would prohibit the enforcement or satisfaction of a civil judgment received under that law. The bill would prohibit a provider of health care, a health care service plan, or a contractor from releasing medical information related to a person or entity allowing a child to receive gender-affirming care in response to a criminal or civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care. The bill additionally would prohibit law enforcement agencies from making, or intentionally participating in, the arrest of an individual pursuant to an out-of-state arrest warrant based on another state’s law against receiving or allowing a child to receive gender-affirming health care. The bill would declare its provisions to be severable.

Existing federal law provides for the 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 requires the State Department of Social Services, in conjunction with the State Department of Public Health and appropriate stakeholders, to develop and submit to the Legislature a community outreach and education campaign to help families learn about, and apply for, CalFresh.

This bill would require the State Department of Social Services, in order to increase client access and retention within CalFresh, to participate in the Elderly Simplified Application Project, a demonstration project operated by the United States Department of Agriculture, Food and Nutrition Service. The bill would require the department, on or before January 1, 2023, to develop a CalFresh user-centered application for seniors 60 years of age or older and for people with disabilities who are eligible to be enrolled in the Elderly Simplified Application Project.

Existing law requires each county welfare department, to the extent permitted by federal law, to exempt a household from complying with face-to-face interview requirements for the purpose of determining eligibility at initial application and recertification.

This bill would, to the extent permitted by federal law, give an individual the option to apply, report, and recertify for CalFresh in person, by mail, online, or by telephone, and permit an individual to complete the interview requirement and client signature by telephone. The bill would authorize counties to implement any method of telephonic or electronic signature that is supported by county business practice and technology. The bill would require the department, with the input of stakeholders, to develop and execute a plan of support for counties that have not already implemented a telephone-based application and renewal process and to provide technical assistance and resources. The bill would require the application process to satisfy specified criteria, including simple, user-friendly language and instructions. The bill would require certain counties to comply with these provisions beginning on or before January 1, 2023, and require the remaining counties to comply with the provisions beginning on or before January 1, 2024. By imposing new duties on counties, this bill would impose a state-mandated local program.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 56.109 is added to the Civil Code, to read:

56.109.

 (a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information related to a person or entity allowing a child to receive gender-affirming care in response to any civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming health care.

(b) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information to persons or entities who have requested that information and who are authorized by law to receive that information pursuant to subdivision (c) of Section 56.10, if the information is related to a person or entity allowing a child to receive gender-affirming care, and the information is being requested pursuant to another state’s law that authorizes a person to bring a civil action against a person or entity who allows a child to receive gender-affirming health care.

(c) For the purposes of this section, “person” means an individual or governmental subdivision, agency, or instrumentality.

SEC. 2.

 Section 2029.300 of the Code of Civil Procedure is amended to read:

2029.300.

 (a) To request issuance of a subpoena under this section, a party shall submit the original or a true and correct copy of a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute making an appearance in the courts of this state.

(b) In addition to submitting a foreign subpoena under subdivision (a), a party seeking discovery shall do both of the following:

(1) Submit an application requesting that the superior court issue a subpoena with the same terms as the foreign subpoena. The application shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. No civil case cover sheet is required.

(2) Pay the fee specified in Section 70626 of the Government Code.

(c) When a party submits a foreign subpoena to the clerk of the superior court in accordance with subdivision (a), and satisfies the requirements of subdivision (b), the clerk shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(d) A subpoena issued under this section shall satisfy all of the following conditions:

(1) It shall incorporate the terms used in the foreign subpoena.

(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) It shall bear the caption and case number of the out-of-state case to which it relates.

(4) It shall state the name of the court that issues it.

(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.

(e) Notwithstanding subdivision (a), no subpoena shall be issued pursuant to this section if the foreign subpoena would require disclosure of medical information related to sensitive services and is based on a violation of another state’s laws that interfere with a person’s right to allow a child to receive gender-affirming health care. For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code.

SEC. 3.

 Section 2029.350 of the Code of Civil Procedure is amended to read:

2029.350.

 (a) Notwithstanding Sections 1986 and 2029.300, if a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in this state, who is an active member of the State Bar, and that attorney receives the original or a true and correct copy of a foreign subpoena, the attorney may issue a subpoena under this article.

(b) Notwithstanding subdivision (a), an authorized attorney shall not issue a subpoena pursuant to subdivision (a) if the foreign subpoena would require disclosure of medical information related to sensitive services and is based on a violation of another state’s laws that interfere with a person’s right to allow a child to receive gender-affirming health care. For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code.

(b)

(c) A subpoena issued under this section shall satisfy all of the following conditions:

(1) It shall incorporate the terms used in the foreign subpoena.

(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) It shall bear the caption and case number of the out-of-state case to which it relates.

(4) It shall state the name of the superior court of the county in which the discovery is to be conducted.

(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.

SEC. 4.

 Section 150905 is added to the Health and Safety Code, to read:

150905.

 (a) A law of another state that authorizes a person or government entity to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care is contrary to the public policy of this state.

(b) The state shall not do any of the following:

(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.

(2) Notwithstanding Chapter 1 (commencing with Section 1710.10) of Title 1 of Part 3 of the Code of Civil Procedure, enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).

(3) Make or intentionally participate in the arrest of an individual pursuant to a criminal action described in subdivision (a).

SEC. 5.

 Section 819 is added to the Penal Code, to read:

819.

 California law enforcement agencies shall not make or intentionally participate in the arrest of an individual pursuant to an out-of-state arrest warrant for violation of another state’s law against receiving or allowing a child to receive gender-affirming health care.

SEC. 6.

 Section 1326 of the Penal Code is amended to read:

1326.

 (a) The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by any of the following:

(1) A magistrate before whom a complaint is laid or his or her their clerk, the district attorney or his or her their investigator, or the public defender or his or her their investigator, for witnesses in the state.

(2) The district attorney, his or her their investigator, or, upon request of the grand jury, any judge of the superior court, for witnesses in the state, in support of an indictment or information, to appear before the court in which it is to be tried.

(3) The district attorney or his or her their investigator, the public defender or his or her their investigator, or the clerk of the court in which a criminal action is to be tried. The clerk shall, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him or her, them, for witnesses in the state, as the defendant may require.

(4) The attorney of record for the defendant.

(b) A subpoena issued in a criminal action that commands the custodian of records or other qualified witness of a business to produce books, papers, documents, or records shall direct that those items be delivered by the custodian or qualified witness in the manner specified in subdivision (b) of Section 1560 of the Evidence Code. Subdivision (e) of Section 1560 of the Evidence Code shall not apply to criminal cases.

(c) Notwithstanding subdivision (b), a provider of health care, health care service plan, or contractor shall not release medical information related to a person or entity allowing a child to receive gender-affirming care in response to any foreign subpoena that is based on a violation of another state’s laws authorizing a criminal action against a person or entity that allows a child to receive gender-affirming health care.

(c)

(d) In a criminal action, no party, or attorney or representative of a party, may issue a subpoena commanding the custodian of records or other qualified witness of a business to provide books, papers, documents, or records, or copies thereof, relating to a person or entity other than the subpoenaed person or entity in any manner other than that specified in subdivision (b) of Section 1560 of the Evidence Code. When a defendant has issued a subpoena to a person or entity that is not a party for the production of books, papers, documents, or records, or copies thereof, the court may order an in camera hearing to determine whether or not the defense is entitled to receive the documents. The court may not order the documents disclosed to the prosecution except as required by Section 1054.3.

(d)

(e) This section shall not be construed to prohibit obtaining books, papers, documents, or records with the consent of the person to whom the books, papers, documents, or records relate.

SEC. 7.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.

(a)The Legislature finds and declares all of the following:

(1)Inadequate nutrition and food insecurity threatens the health of 3.7 million low-income adults and over 2 million children in California, leading to adverse health outcomes among children, and increased risk of chronic disease, including diabetes and cardiovascular diseases, yet nearly 1.7 million eligible Californians are not receiving CalFresh nutrition benefits.

(2)The COVID-19 pandemic has greatly increased food insecurity among low-income Californians, and disproportionately impacted Black and Latinx individuals.

(3)The average CalFresh benefit in California is $136 per person per month. If the state enrolled the 2 million eligible, but not participating, Californians into CalFresh, it would draw up to $2.1 billion in federal food benefits to the state annually, which would also significantly help farmers, grocers, and the local economy.

(4)While working poor Californians struggle with the economic fallout of the COVID-19 crisis and struggle to meet their basic needs like food and housing, California ranks fourth to last in the nation at connecting working poor households to the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh.

(5)California’s seniors are enduring the most severe health consequences of the pandemic, including experiencing hunger and poverty. Yet, California ranks last in the nation at connecting seniors to SNAP, known in California as CalFresh, despite recent policy changes to simplify enrollment processes and medical deductions for seniors.

(6)CalFresh has undergone several significant changes over the past several years, including all of the following:

(A)Reduced barriers to enrollment by removing asset test and finger imaging requirements.

(B)Increased guidance to make online and phone applications more widely available so that residents can apply for benefits without visiting an office, similar to Medi-Cal.

(C)Interdepartmental collaboration to improve horizontal integration among social service programs, including CalFresh, Medi-Cal, CalWORKs, and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program).

(D)Reversal of the longstanding Supplemental Security Income (SSI) “cashout” policy, which has resulted in the enrollment of over 400,000 seniors and disabled Californians receiving SSI benefits.

(7)Given these changes in CalFresh and the need to connect health and nutrition, particularly for seniors and newly eligible SSI recipients, the time is right to improve CalFresh entry points and ensure statewide equitable access by telephone to reduce the burden of applying for benefits and enrolling vulnerable individuals.

(b)It is the intent of the Legislature to maximize the impact of federal safety net funding to reduce poverty, fight hunger, and improve health by simplifying enrollment and maintaining access to CalFresh for all eligible, low-income Californians.

SEC. 2.Section 18900.3 is added to the Welfare and Institutions Code, to read:

18900.3.

In order to increase client access and retention within CalFresh, the department shall participate in all elements of the Elderly Simplified Application Project, a demonstration project operated by the United States Department of Agriculture, Food and Nutrition Service. On or before January 1, 2023, the department shall develop a CalFresh user-centered application that minimizes the burdens of the overall enrollment process for seniors 60 years of age or older and for people with disabilities who are eligible to be enrolled in the Elderly Simplified Application Project.

SEC. 3.Section 18900.4 is added to the Welfare and Institutions Code, to read:

18900.4.

(a)To the extent permitted under federal law, an individual shall have the option to apply, report, and recertify for CalFresh in person, by mail, online, or by telephone, and shall have the option to complete the interview and the required client signature by telephone.

(b)Counties may implement any method of telephonic signature or electronic signature, in compliance with state and federal program requirements, that is supported by county business practices and available technology.

(c)(1)The department shall work with counties, representatives of the statewide automated welfare system consortia, recognized exclusive representatives of eligibility workers, and advocates for CalFresh participants, to develop and execute a plan of support for counties that have not already implemented a telephone-based application and renewal process, and to provide technical assistance and resources.

(2)The results of this planning effort, including, but not limited to, the resources identified as necessary for counties to implement this section, shall be reported to the Legislature during the 2022–23 budget hearings.

(d)To the extent permitted under federal law, the application process shall satisfy both of the following criteria:

(1)Include simple, user-friendly language and instructions that incorporate user testing with CalFresh applicants, participants, eligibility workers, and application assisters.

(2)Require the eligibility, enrollment, and retention system to offer an applicant or recipient assistance with their application, required reporting, or recertification for the CalFresh program in person, over the telephone, and online, and in a manner that is accessible to individuals with disabilities and those who have limited English proficiency.

(e)Counties currently using the Consortium IV (C-IV) or LEADER Replacement System (LRS) of the Statewide Automated Welfare System (SAWS) shall comply with this section beginning on or before January 1, 2023, and counties currently using the Welfare Client Data System (WCDS) of SAWS shall comply with this section beginning on or before January 1, 2024.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.