Bill Text: CA SB844 | 2017-2018 | Regular Session | Amended
Bill Title: Water quality: agricultural safe drinking water fees.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-08-24 - Re-referred to Com. on APPR. pursuant to Assembly Rule 96. [SB844 Detail]
Download: California-2017-SB844-Amended.html
Amended
IN
Assembly
June 12, 2018 |
Senate Bill | No. 844 |
Introduced by Committee on Budget and Fiscal Review |
January 10, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 16531.1 of the Government Code is amended to read:16531.1.
(a) Notwithstanding any other(b)Upon the enactment of the annual Budget Act or a deficiency bill in any fiscal year to which subdivision (a) applies, the Controller shall transfer all expenditures and unexpended funds in the Medical Providers Interim Payment Fund to the appropriate Budget Act item.
(c)The
SEC. 2.
Section 100503.3 is added to the Government Code, to read:100503.3.
(a) The Exchange, in consultation with stakeholders and the Legislature, shall develop options for providing financial assistance to help low- and middle-income Californians access health care coverage. On or before February 1, 2019, the Exchange shall report those developed options to the Legislature, Governor, and Council on Health Care Delivery Systems, established pursuant to Section 1001 of the Health and Safety Code, for consideration in the 2019–20 budget process.SEC. 3.
Part 4 (commencing with Section 1000) is added to Division 1 of the Health and Safety Code, to read:PART 4. Council on Health Care Delivery Systems
1000.
(a) The Legislature finds and declares all of the following:1001.
(a) Effective January 1, 2019, there is hereby established the Council on Health Care Delivery Systems as an independent body to develop a plan that includes options for advancing progress toward achieving a health care delivery system in California that provides coverage and access through a unified financing system for all Californians.1002.
(a) On or before October 1, 2021, the council shall submit to the Legislature and Governor a plan with options that include a timeline of the benchmarks and steps necessary to implement health care delivery system changes, including steps necessary to achieve a unified financing system. The plan shall be submitted in compliance with Section 9795 of the Government Code. The plan shall also be posted on the California Health and Human Services Agency’s Internet Web site. The plan shall, at a minimum, consider all of the following:1003.
This part shall not be construed to authorize the council to implement any provision of the plan developed pursuant to Section 1002 until there is further action by the Legislature and the Governor.1004.
(a) The California Health and Human Services Agency is authorized to provide staff support to implement this part.1005.
This part shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 4.
Section 1225 of the Health and Safety Code is amended to read:1225.
(a) The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.(c)This section shall become operative on January 1, 2018.
SEC. 5.
Section 1266 of the Health and Safety Code is amended to read:1266.
(a) The Licensing and Certification Division shall be supported entirely by federal funds and special funds by no earlier than the beginning of the 2009–10 fiscal year unless otherwise specified in statute, or unless funds are specifically appropriated from the General Fund in the annual Budget Act or other enacted legislation. For the 2007–08 fiscal year, General Fund support shall be provided to offset licensing and certification fees in an amount of not less than two million seven hundred eighty-two thousand dollars ($2,782,000).Type of Facility | Fee | |
General Acute Care Hospitals | $134.10 | per bed |
Acute Psychiatric Hospitals | $134.10 | per bed |
Special Hospitals | $134.10 | per bed |
Chemical Dependency Recovery Hospitals | $123.52 | per bed |
Skilled Nursing Facilities | $202.96 | per bed |
Intermediate Care Facilities | $202.96 | per bed |
Intermediate Care Facilities- Developmentally Disabled | $592.29 | per bed |
Intermediate Care Facilities-
Developmentally Disabled-Habilitative | $1,000.00 | per facility |
Intermediate Care Facilities- Developmentally Disabled-Nursing | $1,000.00 | per facility |
Home Health Agencies | $2,700.00 | per facility |
Referral Agencies | $5,537.71 | per facility |
Adult Day Health Centers | $4,650.02 | per facility |
Congregate Living Health Facilities | $202.96 | per bed |
Psychology Clinics | $600.00 | per facility |
Primary Clinics- Community and Free | $600.00 | per facility |
Specialty Clinics- Rehab Clinics (For
profit) | $2,974.43 | per facility |
(Nonprofit) | $500.00 | per facility |
Specialty Clinics- Surgical and Chronic | $1,500.00 | per facility |
Dialysis Clinics | $1,500.00 | per facility |
Pediatric Day Health/Respite Care | $142.43 | per bed |
Alternative Birthing Centers | $2,437.86 | per facility |
Hospice | $1,000.00 | per provider |
Correctional Treatment Centers | $590.39 | per bed |
(g)
(h)
(i)
(j)
SEC. 6.
Section 1275.3 of the Health and Safety Code is amended to read:1275.3.
(a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.(d)
(e)This section shall
become operative on January 1, 2018.
SEC. 7.
Section 11364.7 of the Health and Safety Code is amended to read:11364.7.
(a) (1) Except as authorized by law, any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor. No
SEC. 8.
Section 104161 of the Health and Safety Code is amended to read:104161.
For the purposes of this article, the following definitions shall apply:(d)
“Period of coverage” means the period of time beginning when an individual is made eligible under this article for a covered condition and shall not exceed the period of time the individual’s eligibility for treatment services for a covered condition concludes, as described in Section 104161.1.
(e)
(f)
(g)
SEC. 9.
Section 104161.1 of the Health and Safety Code is amended to read:104161.1.
(a)SEC. 10.
Section 104162.1 of the Health and Safety Code is amended to read:104162.1.
SEC. 11.
Section 105250.1 is added to the Health and Safety Code, to read:105250.1.
(a) Notwithstanding Section 105250, and beginning on July 1, 2018, the Lead-Related Construction Program fee for an application submitted for lead certification shall be eighty-seven dollars ($87), but shall not exceed the department’s reasonable administrative costs in connection with the application. The application fees provided in this section, and any application fee increase pursuant to subdivision (b) or Section 105250, shall be sufficient to ensure that processing times for completed applications do not exceed an average of 60 days.SEC. 12.
Section 120972 of the Health and Safety Code is amended to read:120972.
(a) To the extent that funds are available for these purposes, the director may establish and administer a program within the department’s Office of AIDS to subsidize certain costs of medications for the prevention of HIV infection and other related medical services, as authorized by this section, to persons who meet all of the following requirements:(1)Costs for
(d)
(e)
(f)
(g)
(h)
SEC. 13.
Section 121349 of the Health and Safety Code, as amended by Section 1 of Chapter 744 of the Statutes of 2011, is amended to read:121349.
(a) The Legislature finds and declares that scientific data from needle exchange programs in the United States and in Europe have shown that the exchange of used hypodermic needles and syringes for clean hypodermic needles and syringes does not increase drug use in the population, can serve as an important bridge to treatment and recovery from drug abuse, and can curtail the spread of human immunodeficiency virus (HIV) infection among the intravenous drug user population.(h)This section shall become inoperative on January 1, 2019, and as of that date is repealed.
SEC. 14.
Section 121349 of the Health and Safety Code, as added by Section 1.5 of Chapter 744 of the Statutes of 2011, is repealed.(a)The Legislature finds and declares that scientific data from needle exchange programs in the United States and in Europe have shown that the exchange of used hypodermic needles and syringes for clean hypodermic needles and syringes does not increase drug use in the population, can serve as an important bridge to treatment and recovery from drug abuse, and can curtail the spread of human immunodeficiency virus (HIV) infection among the intravenous drug user population.
(b)In order to reduce the spread of HIV infection and bloodborne hepatitis among the intravenous drug user population within California, the Legislature hereby authorizes a clean needle and syringe exchange
project pursuant to this chapter in any city, county, or city and county upon the action of a county board of supervisors and the local health officer or health commission of that county, or upon the action of the city council, the mayor, and the local health officer of a city with a health department, or upon the action of the city council and the mayor of a city without a health department.
(c)The authorization provided under this section shall only be for a clean needle and syringe exchange project as described in Section 121349.1.
(d)This section shall become operative on January 1, 2019.
SEC. 15.
Section 121349.1 of the Health and Safety Code, as amended by Section 2 of Chapter 744 of the Statutes of 2011, is amended to read:121349.1.
(b)This section shall become inoperative on January 1, 2019, and as of that date is repealed
SEC. 16.
Section 121349.1 of the Health and Safety Code, as added by Section 2.5 of Chapter 744 of the Statutes of 2011, is repealed.(a)A city, county, or a city and county, with or without a health department, that acts to authorize a clean needle and syringe exchange project pursuant to this chapter shall, in consultation with the State Department of Public Health, authorize the exchange of clean hypodermic needles and syringes, as recommended by the United States Public Health Service, subject to the availability of funding, as part of a network of comprehensive services, including treatment services, to combat the spread of HIV and bloodborne hepatitis infection among injection drug users. Providers participating in an exchange project authorized by the county, city, or city and county pursuant to this chapter shall not be subject to criminal prosecution for possession
of needles or syringes during participation in an exchange project.
(b)This section shall become operative on January 1, 2019.
SEC. 17.
Section 121349.2 of the Health and Safety Code, as amended by Section 3 of Chapter 744 of the Statutes of 2011, is amended to read:121349.2.
(b)This section shall become inoperative on January 1, 2019, and as of that date is repealed.
SEC. 18.
Section 121349.2 of the Health and Safety Code, as added by Section 3.5 of Chapter 744 of the Statutes of 2011, is repealed.(a)Local government, local public health officials, and law enforcement shall be given the opportunity to comment on clean needle and syringe exchange programs on an annual basis. The public shall be given the opportunity to provide input to local leaders to ensure that any potential adverse impacts on the public welfare from clean needle and syringe exchange programs are addressed and mitigated.
(b)This section shall become operative on January 1, 2019.
SEC. 19.
Section 121349.3 of the Health and Safety Code, as amended by Section 4 of Chapter 744 of the Statutes of 2011, is amended to read:121349.3.
(b)This section shall become inoperative on January 1, 2019, and as of that date is repealed.
SEC. 20.
Section 121349.3 of the Health and Safety Code, as added by Section 5 of Chapter 744 of the Statutes of 2011, is repealed.(a)The health officer of the participating jurisdiction shall present, annually at an open meeting of the board of supervisors or city council, a report detailing the status of clean needle and syringe exchange programs, including, but not limited to, relevant statistics on bloodborne infections associated with needle sharing activity and the use of public funds for these programs. Law enforcement, administrators of alcohol and drug treatment programs, other stakeholders, and the public shall be afforded ample opportunity to comment at this annual meeting. The notice to the public shall be sufficient to ensure adequate participation in the meeting by the public. This meeting shall be noticed in accordance with all state and local open meeting laws and ordinances,
and as local officials deem appropriate.
(b)This section shall become operative on January 1, 2019.
SEC. 21.
Section 123259 is added to the Health and Safety Code, to read:123259.
(a) The Legislature finds and declares that there continues to be a statewide gap between mortality rates for black infants and those for other population groups. While there have been modest but statistically significant declines in infant mortality generally, including a decline in black infant mortality, the rate of mortality among black infants continues to be two to four times higher than the rates for other groups statewide. Furthermore, preterm birth, which is the leading cause for infant death, has increased for the third straight year in California. The social support, stress management, and empowerment model of the Black Infant Health Program is an evidence-informed intervention program designed to reduce black infant mortality. Other interventions that show promise but do not currently receive state support would enhance the impact of current funding for black infant health.SEC. 22.
Section 123260 is added to the Health and Safety Code, to read:123260.
(a) Subject to an appropriation in the annual Budget Act for this purpose, the State Department of Public Health shall establish the California Perinatal Equity Initiative to expand the scope of interventions provided under the Black Infant Health Program. The initiative shall foster Community Centers of Excellence in perinatal health and promote the use of interventions designed to fill gaps in current programming offered through the Black Infant Health Program.SEC. 23.
Chapter 8.5 (commencing with Section 127671) is added to Part 2 of Division 107 of the Health and Safety Code, to read:CHAPTER 8.5. Health Care Cost Transparency Database
127671.
(a) It is the intent of the Legislature in enacting this chapter to establish a system to collect information regarding the cost of health care. Health care data is reported and collected through many disparate systems. Creating a process to aggregate this data will provide greater transparency regarding health care costs, and the information may be used to inform policy decisions regarding the provision of quality health care, reduce disparities, and reduce health care costs.127671.5.
The provisions of this chapter shall only be implemented subject to budget appropriation.127672.
(a) (1) The Office of Statewide Health Planning and Development shall convene a review committee, composed of health care stakeholders and experts, including, but not limited to, all of the following:127673.
(a) Subject to appropriation, after the requirements of Section 127672 are fulfilled and a long term non-General Fund financing mechanism has been implemented, the office or its designee shall establish, implement, and administer the Health Care Cost Transparency Database in accordance with this chapter.127674.
The office or its designee shall not implement, or operate, the database if there is a determination, after consultation with the review committee, that the office is unable to obtain necessary, reliable, and relevant data.SEC. 24.
Chapter 2.8A (commencing with Section 1001.35) is added to Title 6 of Part 2 of the Penal Code, immediately following Chapter 2.8 (commencing with Section 1001.20), to read:CHAPTER 2.8A. Diversion of Individuals with Mental Disorders
1001.35.
The purpose of this chapter is to promote all of the following:1001.36.
(a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant meets all of the requirements specified in subdivision (b).SEC. 25.
Section 1370 of the Penal Code is amended to read:1370.
(a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall proceed, and judgment may be pronounced.(iv)
SEC. 26.
Section 1370.01 of the Penal Code is amended to read:1370.01.
(a) (1) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment may be pronounced. If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended until the person becomes mentally competent, and the court shall order that (A) in the meantime, the defendant be delivered by the sheriff to an available public or private treatment facility approved by the county mental health director that will promote the defendant’s speedy restoration to mental competence, or placed on outpatient status as specified in this section, and (B) upon the filing of a certificate of restoration to competence, the defendant be returned to court in accordance with Section 1372. The court shall transmit a copy of its order to the county mental health director or his or her designee.(2)
(3)
(4)
(5)
SEC. 27.
Section 1372 of the Penal Code is amended to read:1372.
(a) (1) If the medical director of a stateSEC. 28.
Section 4094 of the Welfare and Institutions Code is amended to read:4094.
(a) The State Department of Mental Health shall establish, by regulations adopted at the earliest possible date, but no later than December 31, 1994, program standards for any facility licensed as a community treatment facility. This section shall apply only to community treatment facilities described in this subdivision.(j)Notwithstanding Section 13340 of the Government Code, the sum of forty-five thousand dollars ($45,000) is hereby appropriated annually from the General Fund to the State Department of Health Care Services for one personnel year to carry out the provisions of this section.
SEC. 29.
Chapter 6.5 (commencing with Section 4361) is added to Part 3 of Division 4 of the Welfare and Institutions Code, to read:CHAPTER 6.5. Diversion Funding for Individuals with Serious Mental Disorders
4361.
(a) As used in this section, “department” means the State Department of State Hospitals.SEC. 30.
Section 14105.965 of the Welfare and Institutions Code is repealed.(a)Each eligible facility, as described in subdivision (b), may, in addition to the rate of payment that the facility would otherwise receive for Medi-Cal outpatient services, receive supplemental Medi-Cal reimbursement to the extent provided in this section.
(b)A facility shall be eligible for supplemental reimbursement only if the facility has all of the following characteristics continuously during a state fiscal year:
(1)Provides services to Medi-Cal beneficiaries.
(2)Commencing with the 2006–07 fiscal year, is a clinic that is enrolled as a Medi-Cal provider.
(3)Is owned or operated by the state, a city, county, or city and county, the University of California, or a health care district organized pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code.
(c)An eligible facility’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows:
(1)The supplemental reimbursement to an eligible facility, as described in subdivision (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted
pursuant to paragraph (2) of subdivision (g).
(2)In no instance shall the amount certified pursuant to paragraph (1) of subdivision (e), when combined with the amount received from all other sources of reimbursement from the Medi-Cal program, exceed 100 percent of projected costs, as determined pursuant to the Medi-Cal state plan, for outpatient services at each facility.
(3)The supplemental Medi-Cal reimbursement provided by this section shall be distributed under a payment methodology based on outpatient services provided to Medi-Cal patients at the eligible facility, either on a per-visit basis, per-procedure basis, or any other federally permissible basis. The department shall seek approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and may not make any payment pursuant to this section prior to obtaining that
approval.
(d)(1)It is the Legislature’s intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the General Fund. An eligible facility, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section.
(2)The state share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e).
(e)A particular governmental entity, described in paragraph (3) of subdivision (b), on behalf of any eligible facility owned or operated by the entity, shall do all of the following:
(1)Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the outpatient services are eligible for federal financial participation.
(2)Provide evidence supporting the certification as specified by the department.
(3)Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation.
(4)Keep, maintain, and have readily retrievable, any
records specified by the department to fully disclose reimbursement amounts to which the eligible facility is entitled, and any other records required by the federal Centers for Medicare and Medicaid Services.
(f)The department may require that any governmental entity described in paragraph (3) of subdivision (b) seeking supplemental reimbursement for an eligible facility under this section enter into an interagency agreement with the department for the purpose of implementing this section.
(g)(1) The department shall promptly seek any necessary federal approvals for the implementation of this section. If necessary to obtain federal approval, the department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code). If
federal approval is not obtained for implementation of this section, this section shall not be implemented.
(2)The department shall submit claims for federal financial participation for the expenditures for the services described in subdivision (e) that are allowable expenditures under federal law.
(3)The department shall, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law.
(h)This section shall become inoperative in the event, and on the date, of a final judicial determination by any court of appellate jurisdiction or a final determination by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental
reimbursement provided in this section must be made to any facility not described in this section.
SEC. 31.
Section 14149.9 of the Welfare and Institutions Code is amended to read:14149.9.
(a) It is the intent of the Legislature that the department pursue policies and programs to assist Medi-Cal beneficiaries in preventing or delaying the onset of type 2 diabetes.(1)The beneficiary is at least 18 years of age.
(2)As of the date of the provider recommendation, the beneficiary has a body mass index (BMI) of at least 25 if the
beneficiary is not self-identified as Asian, or a BMI of at least 23 if the beneficiary is self-identified as Asian.
(3)Within the 12-month period prior to the provider recommendation, the beneficiary has had one of the following:
(A)A hemoglobin A1c test with a value between 5.7 and 6.4 percent.
(B)A fasting plasma glucose of 110-125 mg/dL.
(C)A two-hour plasma glucose of 140-199 mg/dL.
(4)The beneficiary has no previous diagnosis of type 1 diabetes or type 2 diabetes, with the exception of gestational diabetes.
(5)The beneficiary does not have end-stage renal disease.
SEC. 32.
Section 14197.5 is added to the Welfare and Institutions Code, to read:14197.5.
(a) Notwithstanding any other law, but no sooner than July 1, 2019, the Cost-Based Reimbursement Clinic Directed Payment Program shall be in operation.SEC. 33.
The State Department of Health Care Services, when seeking to recoup or recover funds from Medi-Cal fee-for-service providers due to circumstances including, but not limited to, federally approved rate or payment reductions, overpayments, or other audit-related payment recoveries, may, in its sole discretion, allow for modification in the amounts withheld from an applicable provider payment or the timing of repayments upon request of an individual provider and demonstration of hardship. The provider shall request that relief in the form and manner specified by the department and before the department takes action to recover or recoup the payment. The department’s determination to exercise discretion pursuant to this section is not subject to judicial review. The department shall post on its provider Internet Web site the mechanism by which providers may request a modification to the timing of the provider’s required recoupment. This section does not limit, reduce, or otherwise alter the provider’s obligation to repay any and all amounts the department has deemed to be subject to recoupment or repayment.SEC. 34.
The Legislature finds and declares that this act, which adds Section 4361 to the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 35.
The Legislature finds and declares that this act, which adds Chapter 8.5 (commencing with Section 127671) to Part 2 of Division 107 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 36.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.SEC. 37.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.