Bill Text: CA SB509 | 2013-2014 | Regular Session | Enrolled

California Senate Bill 509 (Prior Session Legislation)

Bill Title: California Health Benefit Exchange: background checks.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-06-17 - Chaptered by Secretary of State. Chapter 10, Statutes of 2013. [SB509 Detail]

Download: California-2013-SB509-Enrolled.html

BILL NUMBER: SB 509	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 28, 2013
	PASSED THE ASSEMBLY  JUNE 14, 2013
	AMENDED IN SENATE  MAY 24, 2013
	AMENDED IN SENATE  APRIL 22, 2013
	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senators DeSaulnier and Emmerson

                        FEBRUARY 21, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 509, DeSaulnier. California Health Benefit Exchange: background
checks.
   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 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 creates the California Health Trust Fund as a
continuously appropriated fund for the administrative and operational
expenses of the Exchange.
   This bill would require the board to submit to the Department of
Justice fingerprint images and related information of employees,
prospective employees, contractors, subcontractors, volunteers, or
vendors whose duties include or would include access to specified
information for the purposes of obtaining prescribed criminal history
information. The bill would require the board to require any
services contract, interagency agreement, or public entity agreement,
that includes or would include access to those types of information
to include a provision requiring the contractor to agree to criminal
background checks on its employees, contractors, agents, and
subcontractors who will have access to that information as part of
their services contract, interagency agreement, or public entity
agreement. The bill would require the department to forward to the
Federal Bureau of Investigation (FBI) requests for federal summary
criminal history information, and would require the department to
review the information returned from the FBI and compile and
disseminate a response to the board. The bill would require the
department to charge a fee sufficient to cover the costs of
processing requests pursuant to the bill.
   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 is added to the Government Code, to read:
   1043.  (a) (1) The executive board of the California Health
Benefit Exchange, as established by Section 100500, shall, consistent
with federal guidance applicable to state-based exchanges, 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, 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 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 be operational to begin preenrollment in the fall of
2013, the California Health Benefit Exchange has already begun the
process of recruiting staff for its service center. The California
Health Benefit Exchange will also be contracting with community-based
organizations that will employ in-person assisters. Fingerprinting
and background checks will be needed as a condition of employment and
certification. For these reasons, it is necessary for this act to
take effect immediately.