Bill Text: CA SB800 | 2013-2014 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: SB 800	AMENDED
	BILL TEXT

	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 14005.275 to the Welfare
and Institutions Code, relating to health, and declaring the urgency
thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 800, as amended, Lara.  California Health Benefit
Exchange: outreach services.   Health care coverage
programs: transition. 
   Existing law creates various programs to provide health care
services to persons who  have limited incomes and 
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 pursuant to 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  board governing 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  board 
 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
of 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 due to a transition from the Healthy
Families Program, as specified, for purposes of assisting the
Exchange to conduct outreach to individuals potentially eligible for
a state health subsidy program, as defined. 
   This bill would transfer to the Exchange any civil service
employee of the board assigned to the Federal Temporary High Risk
Pool and would provide that each transferred employee shall retain
his or her status, position, and rights.  
   The bill would also provide that, if the board is dissolved or
terminated, all employees assigned to the other programs administered
by the board shall be transferred to the State Department of Health
Care Services and each transferred employee shall 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. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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) 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).
   (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. 
   SECTION 1.   SEC. 3.   Section 14005.275
is added to the Welfare and Institutions Code, immediately following
Section 14005.27, to read:
   14005.275.   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 a state health subsidy 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.
   SEC. 2.   SEC. 4.   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:
   To ensure  that   the smooth and timely
transition of public employees and  individuals who are eligible
for state health subsidy programs  receive information about
those programs  before the California Health Benefit
Exchange will begin making health care coverage available in January
2014, it is necessary that this  bill   act
 take effect immediately.