Bill Text: CA SB615 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Public works: prevailing wages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB615 Detail]

Download: California-2013-SB615-Amended.html

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BILL NUMBER: SB 615	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 22, 2013

   An act to  amend   add  Section 
15459.1 of   1720.7 to  the  Government
  Labor  Code, relating to  health
facilities.   public works   . 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 615, as amended, Galgiani.  Health facility financing.
  Public works: prevailing wage   s.  

   Existing law defines "public works," for purposes of regulating
public works contracts, as, among other things, construction,
alteration, demolition, installation, or repair work done under
contract and paid for, in whole or in part, out of public funds.
Existing law further requires that, except as specified, not less
than the general prevailing rate of per diem wages be paid to workers
employed on public works and imposes misdemeanor penalties for a
violation of this requirement. Existing law provides that for the
purposes of provisions of law relating to the payment of prevailing
wages, "public works" includes specified types of construction,
alteration, demolition, installation, and repair work.  
   This bill would expand the definition of "public works," for the
purposes of provisions relating to the prevailing rate of per diem
wages, to also include any construction, alteration, demolition,
installation, or repair work done under private contract on a
hospital or health care facility project when the project is paid for
in whole or in part with the proceeds of conduit revenue bonds, as
defined.  
   Because the violation of prevailing wage requirements when engaged
in these public works projects would result in the imposition of
misdemeanor penalties, 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 no reimbursement is required by this
act for a specified reason.  
   The California Health Facilities Financing Authority Act
authorizes the California Health Facilities Financing Authority to
make loans from the continuously appropriated California Health
Facilities Financing Authority Fund to participating health
institutions for financing or refinancing the acquisition,
construction, or remodeling of health facilities. Existing law also
authorizes the authority to issue revenue bonds for certain purposes.
Existing law requires, as a condition of the issuance of revenue
bonds, whether by the authority or any local agency, as specified,
each participating health institution to give reasonable assurance to
the authority that the services of the health facility will be made
available to all persons residing or employed in the area served by
the facility. Existing law requires, as part of its assurances, that
the participating health institution agree to perform specified
actions, including advising each person seeking services at the
participating health institution's facility as to the person's
potential eligibility for Medi-Cal and Medicare benefits or benefits
from other governmental 3rd Party payers.  
   This bill would require the participating health institution to
also advise each person seeking services at the participating health
institution's facility as to the person's potential eligibility for
health care coverage by qualified health plans participating in the
California Health Benefit Exchange. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1   .    Section 1720.7 is added to
the   Labor Code   , to read:  
   1720.7.  For the limited purposes of Article 2 (commencing with
Section 1770) of this chapter, "public work" also means any
construction, alteration, demolition, installation, or repair work
done under private contract on a hospital or health care facility
project when the project is paid for in whole or in part with the
proceeds of conduit revenue bonds, as defined in Section 5870 of the
Government Code, issued by a public agency. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 15459.1 of the Government
Code is amended to read:
   15459.1.  As part of its assurance under Section 15459, the
participating health institution shall agree to all of the following
actions:
   (a) To advise each person seeking services at the participating
health institution's facility as to the person's potential
eligibility for Medi-Cal and Medicare benefits, benefits from other
governmental third-party payers, or health care coverage by qualified
health plans participating in the California Health Benefit Exchange
created pursuant to Title 22 (commencing with Section 100500).
   (b) To make available to the authority and to any interested
person a list of physicians with staff privileges at the
participating health institution's facility, which includes all of
the following:
   (1) Name.
   (2) Specialty.
   (3) Language spoken.
   (4) Whether the physician takes Medi-Cal and Medicare patients.
   (5) Business address and phone number.
   (c) To inform in writing on a periodic basis all practitioners of
the healing arts having staff privileges in the participating health
institution's facility as to the existence of the facility's
community service obligation. The required notice to practitioners
shall contain a statement, as follows:
   "This hospital has agreed to provide a community service and to
accept Medi-Cal and Medicare patients. The administration and
enforcement of this agreement is the responsibility of the California
Health Facilities Financing Authority and this facility."
   (d) To post notices in the following form, which shall be
multilingual where the participating health institution serves a
multilingual community, in appropriate areas within the facility,
including, but not limited to, admissions offices, emergency rooms,
and business offices:
   "This facility has agreed to make its services available to all
persons residing or employed in this area. This facility is
prohibited by law from discriminating against Medi-Cal and Medicare
patients. Should you believe you may be eligible for Medi-Cal or
Medicare, you should contact our business office (or designated
person or office) for assistance in applying. You should also contact
our business office (or designated person or office) if you are in
need of a physician to provide you with services at this facility. If
you believe that you have been refused services at this facility in
violation of the community service obligation you should inform
(designated person or office) and the California Health Facilities
Financing Authority."
   The participating health institution shall provide copies of this
notice for posting to all welfare offices in the county where the
participating health institution's facility is located.
   (e) For all facilities in areas, and of a type, not subject to
Medi-Cal contracting and for all participating health institution
which have negotiated in good faith to obtain a Medi-Cal contract but
were not awarded a contract by the California Medi-Cal Assistance
Commission, the authority shall make modifications to the
requirements contained in this section to reflect the absence of a
Medi-Cal contract. Nothing in this section relieves a hospital of its
obligations under Section 1317 of the Health and Safety Code.