Bill Text: CA SB800 | 2013-2014 | Regular Session | Chaptered
Bill Title: Health care coverage programs: transition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-01 - Chaptered by Secretary of State. Chapter 448, Statutes of 2013. [SB800 Detail]
Download: California-2013-SB800-Chaptered.html
BILL NUMBER: SB 800 CHAPTERED
BILL TEXT
CHAPTER 448
FILED WITH SECRETARY OF STATE OCTOBER 1, 2013
APPROVED BY GOVERNOR OCTOBER 1, 2013
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 24, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Section 12739.61 of, and to add Part 6.8
(commencing with Section 12739.77) to Division 2 of, the Insurance
Code, and to add Section 14005.277 to the Welfare and Institutions
Code, relating to health.
LEGISLATIVE COUNSEL'S DIGEST
SB 800, Lara. Health care coverage programs: transition.
Existing law creates various programs to provide health care
services to persons who meet various eligibility requirements. These
programs include the Healthy Families Program, the Access for Infants
and Mothers Program, the County Health Initiative Matching Fund, the
Major Risk Medical Insurance Program, and the Federal Temporary High
Risk Pool, all administered by the Managed Risk Medical Insurance
Board, and the Medi-Cal program administered by the State Department
of Health Care Services. Existing law provides for the transition of
specified enrollees of the Healthy Families Program to the Medi-Cal
program, to the extent that those individuals are otherwise eligible.
Existing law also provides that employees of the board whose
functions are transferred to the Medi-Cal program as a result of that
transition retain their positions, status, and rights. Existing law
requires the board, beginning July 1, 2013, to cease the provision of
health coverage through the Federal Temporary High Risk Pool, except
as specified.
Existing law establishes the California Health Benefit Exchange
(Exchange), and requires the Exchange to facilitate the purchase of
qualified health plans through the Exchange by qualified individuals
and small employers by January 1, 2014. Existing law also requires
the Exchange to undertake activities necessary to market and
publicize the availability of health care coverage and federal
subsidies through the Exchange and to undertake outreach and
enrollment activities.
This bill would require the State Department of Health Care
Services to provide the Exchange with specified contact information
for individuals who are not enrolled in Medi-Cal but who are the
parents or caretakers of children enrolled in the Healthy Families
Program or the Medi-Cal program, as specified, in order to assist the
Exchange in conducting outreach to individuals potentially eligible
for an insurance affordability program, as defined.
This bill would transfer to the Exchange civil service employees
of the board who were assigned to the Federal Temporary High Risk
Pool and would require that each transferred employee retain his or
her status, position, and rights.
The bill would also require that, if the board is dissolved or
terminated, all employees assigned to the other programs administered
by the board be transferred to the State Department of Health Care
Services and that each transferred employee retain his or her status,
position, and rights. The bill would provide that any employee's
reinstatement rights that would have applied to the board shall
instead apply to the department. The bill would require the
department, if employees of the board are transferred to the
department, to prepare a report, as specified, and to submit that
report to the fiscal and relevant policy committees of the
Legislature by February 1 of the year following the year in which the
employees are transferred, and to update that report, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12739.61 of the Insurance Code is amended to
read:
12739.61. (a) The board shall cease to provide coverage through
the program on July 1, 2013, except as required by the contract
between the board and the United States Department of Health and
Human Services, and at that time shall cease to operate the program
except as required to complete payments to, or payment
reconciliations with, participating health plans or other
contractors, process appeals, or conduct other necessary termination
activities.
(b) Any permanent or probationary civil service employee who is
employed by the board and assigned to the program and whose function
ceases due to this section shall immediately be transferred to the
California Health Benefit Exchange and shall retain his or her
status, position, and rights pursuant to Section 19050.9 of the
Government Code and the State Civil Service Act (Part 2 (commencing
with Section 18500) and Part 2.6 (commencing with Section 19815) of
Division 5 of Title 2 of the Government Code).
SEC. 2. Part 6.8 (commencing with Section 12739.77) is added to
Division 2 of the Insurance Code, to read:
PART 6.8. Program Transfers
12739.77. For the purposes of this part, the following terms have
the following meanings:
(a) "Board" means the Managed Risk Medical Insurance Board.
(b) "Employee" means permanent or probationary civil service
employee.
12739.78. (a) (1) If any statute dissolves or terminates the
board, any employee of the board who, immediately prior to the
effective date of the dissolution or termination of the board, was
assigned to the Healthy Families Program (Part 6.2 (commencing with
Section 12693)), the Access for Infants and Mothers Program (Part 6.3
(commencing with Section 12695)), the County Health Initiative
Matching Fund (Part 6.4 (commencing with Section 12699.50)), or the
Major Risk Medical Insurance Program (Part 6.5 (commencing with
Section 12700)) shall be transferred to the State Department of
Health Care Services and shall retain his or her status, position,
and rights pursuant to Section 19050.9 of the Government Code and the
State Civil Service Act (Part 2 (commencing with Section 18500) and
Part 2.6 (commencing with Section 19815) of Division 5 of Title 2 of
the Government Code).
(2) If employees are transferred to the State Department of Health
Care Services pursuant to this subdivision, the department shall
prepare a report on the transfer of employees, and, if applicable,
any functions transferred to the department upon dissolution or
termination of the board. The report shall, at a minimum, describe
any assignment of new activities to transferred employees and provide
workload justification for the position authority transferred
pursuant to this subdivision. The department shall submit the report
to the fiscal and relevant policy committees of the Legislature by
February 1 of the year following the year in which employees are
transferred, and shall update the report, if necessary, by February 1
of each of the two years following submission of the report. The
report may be included with any budget information submitted by the
department to those committees.
(b) (1) If any statute dissolves or terminates the board, any
employee of the board who, immediately prior to the effective date of
the dissolution or termination of the board, was assigned to the
Federal Temporary High Risk Pool (Part 6.6 (commencing with Section
12739.5) and Part 6.7 (commencing with Section 12739.70)) shall be
transferred to the California Health Benefit Exchange and shall
retain his or her status, position, and rights pursuant to Section
19050.9 of the Government Code and the State Civil Service Act (Part
2 (commencing with Section 18500) and Part 2.6 (commencing with
Section 19815) of Division 5 of Title 2 of the Government Code).
(2) This subdivision shall not apply to any employee who has
transferred to the California Health Benefit Exchange pursuant to
subdivision (b) of Section 12739.61.
(c) If any statute dissolves or terminates the board, an employee'
s applicable reinstatement rights that would have applied to the
board shall instead apply to the State Department of Health Care
Services.
SEC. 3. Section 14005.277 is added to the Welfare and Institutions
Code, to read:
14005.277. In order to assist the California Health Benefit
Exchange, established pursuant to Title 22 (commencing with Section
100500) of the Government Code, to conduct outreach to individuals
potentially eligible for an insurance affordability program, as
defined in Section 15926, the department shall provide the California
Health Benefit Exchange, or its designee, with the names, addresses,
email addresses, telephone numbers, or other contact information,
and written and spoken languages of individuals who are not enrolled
in Medi-Cal but are the parents or caretakers of children enrolled in
the Healthy Families Program or the Medi-Cal program pursuant to
Section 14005.27.
