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

California Senate Bill 800 (Prior Session Legislation)

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

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

BILL NUMBER: SB 800	AMENDED
	BILL TEXT

	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, and declaring the urgency thereof,
to take effect immediately.   health. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 800, as amended, 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  pursuant
to   as a part 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
 of   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 due to a transition from the Healthy Families Program,
  program,  as specified,  for purposes of
assisting   in order to assist  the Exchange
 to conduct   in conducting  outreach to
individuals potentially eligible for an insurance affordability
program, as defined.
   This bill would transfer to the Exchange  any 
civil service  employee   employees  of the
board  who were  assigned to the Federal Temporary High
Risk Pool and would  provide   require 
that each transferred employee  shall  retain his or
her status, position, and rights.
   The bill would also  provide   require 
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  that  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. 
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.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . 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)  (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. 
  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 the smooth and timely transition of public employees and
individuals who are eligible for insurance affordability programs
before the California Health Benefit Exchange will begin making
health care coverage available in January 2014, it is necessary that
this act take effect immediately.