CPA Legislative Bill List and Positions

April 2011

Status: 3/23/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 4.) (March 22). Re-referred to Com. on APPR.

Summary: Would require the plan to include these considerations, as well as other considerations prescribed by the bill. It would also require the hospital to adopt specified security policies as part of the plan. The bill would also require the hospital to evaluate and treat an employee who is involved in a violent incident and to provide specified followup care. The bill would prohibit a hospital from prohibiting an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance from local emergency services or law enforcement when a violent incident occurs. This bill contains other related provisions and other current laws.

Position: Approve if Amended

Status: 1/24/2011-Referred to Com. on ED.

Summary: Would require the department to allocate $57,000,000 of those moneys to county mental health departments for purposes of providing special education services, thereby making an appropriation. The bill also would require the Superintendent of Public Instruction and county mental health directors to jointly convene a technical working group to develop a transitional program to transfer the responsibilities associated with providing special education services from county mental health departments to the State Department of Education. This bill contains other related provisions.

Position: Watch

Status: 3/30/2011-From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 2.) (March 29). Re-referred to Com. on PUB. S.

Summary: Summary: Would require the mandated reporter , and authorize any person who is not a mandated reporter, to report the abuse to both the local ombudsman and the local law enforcement agency. This bill contains other related provisions and other current laws.

Assigned: Randall Watch

Status: 5/3/2011-Action From APPR.: Read second time and amended. Re-referred to APPR.

Summary: Would further require a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance, on and after January 1, 2012, a complete rate application for any proposed rate, as defined, or rate change, and would prohibit the Department of Managed Health Care or the Department of Insurance from approving any rate or rate change that is found to be excessive, inadequate, or unfairly discriminatory. The bill would require the rate application to include certain rate information. The bill would authorize the Department of Managed Health Care or the Department of Insurance to approve, deny, or modify any proposed rate or rate change, and would authorize the Department of Managed Health Care and the Department of Insurance to review any rate or rate change that went into effect between January 1, 2011, and January 1, 2012, and to order refunds, subject to these provisions. The bill would authorize the imposition of fees on health care service plans and health insurers for purposes of implementation, for deposit into newly created funds, subject to appropriation. The bill would impose civil penalties on a health care service plan or health insurer, and subject a health care service plan to discipline, for a violation of these provisions, as specified. The bill would establish proceedings for the review of any action taken under those provisions related to rate applications and would require the Department of Managed Health Care and the Department of Insurance, and plans and insurers, to disclose specified information on the Internet pertaining to rate applications and those proceedings. The bill would require the Department of Managed Health Care or the Department of Insurance, or the court, to award reasonable advocacy fees and costs, including witness fees, in those proceedings under specified circumstances, to be paid by the plan or insurer . This bill contains other related provisions and other current laws.

Position: Watch

Status: 4/26/2011-In committee: Set, first hearing. Hearing canceled at the request of author.

Summary: Would require, contingent upon the securing of private funding, the Judicial Council to establish a 4-year pilot project in 3 counties to create a presumption that juvenile court hearings in juvenile dependency cases be open to the public, unless the court finds that admitting the public would not be in a child's best interest, as provided. The bill would require the Judicial Council to contract with an independent organization to conduct an evaluation and prepare a report to the Legislature regarding the results of the pilot project, as specified. The bill would also include a related statement of legislative findings and declarations.

Position: Watch

Assigned: Child and Adolescent Committee

Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR suspense file.

Summary: Would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2012, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders IV, including substance abuse but excluding nicotine dependence and specified diagnoses defined in the manual, subject to regulatory revision, as specified. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees' Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. This bill contains other related provisions and other current laws.

Position: Support

Status: 3/22/2011-In committee: Set, first hearing. Hearing canceled at the request of author.

Summary: Would require the department to implement a system whereby health care personnel with access to a person's Medi-Cal card are made aware if the person has previously accessed mental health services through the Medi-Cal system.

Position: Approve in Concept

Status: 5/3/2011-Action From APPR.: Read second time and amended. Re-referred to APPR.

Summary: Would require health care service plan contracts and health insurance policies to provide coverage for the screening, diagnosis, and treatment of autism spectrum disorders. The bill would, however, provide that no benefits are required to be provided by a health benefit plan offered through the California Health Benefit Exchange that exceed the essential health benefits required under federal law. The bill would prohibit coverage from being denied for specified reasons. Because the bill would change the definition of a crime with respect to health care service plans, it would thereby impose a state-mandated local program. This bill contains other related provisions and other current laws.

Position: Approve

Status: 3/22/2011-Re-referred to Com. on HEALTH.

Summary: Would require the system of electronic health records developed based on the demonstration projects established pursuant to these provisions to be implemented with the full participation of health consumers and organizations concerned with protecting the privacy and security of patient information in the development of policies, and would require the office to ensure that there are opportunities for public comment and input on the development of those policies.

Assigned: Randall Watch

Status: 5/2/2011-Re-referred to Com. on APPR.

Summary: Would enumerate rights for foster youth relating to mental health services. The bill would require the office, in consultation with various entities, to develop, no later than July 1, 2012, standardized information explaining the rights specified and to distribute this information to foster youth.

Position: Concerns

Assigned: Child and Adolescent Committee

Status: 4/14/2011-Read second time. Ordered to third reading.

Summary: Would authorize superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. The bill would provide that county participation is voluntary. The bill would declare the intent of the Legislature that, where there are statutory requirements for certain education or counseling programs to be included in the terms of probation, the components of those counseling terms would be required to be incorporated into the treatment programs that are designed to treat the underlying psychological disorders rather than requiring them in lieu of the psychological treatments.

Position: Approve

Status: 4/25/2011-Re-referred to Com. on H. & C.D.

Summary: Under current law, in each city and county there is a public agency known as the housing authority of the city or county. This bill would require operators of transitional housing to notify the city or county and residents within 300 feet of the property when a transitional housing facility will be established so that the city or county and residents have specified knowledge about the transitional housing facility. The bill would exempt certain domestic violence shelters from this requirement.

Assigned: Randall Watch

Status: 4/26/2011-Re-referred to Com. on HEALTH.

Summary: Would prohibit health care service plans and health insurers that offer outpatient prescription drug coverage from requiring coinsurance, as defined, from the enrollee as a basis for cost sharing. The bill would also impose certain limitations on copayments, as defined, and out-of-pocket expenses for outpatient prescription drugs. The bill would make these provisions inoperative upon a determination by the department and commissioner that these provisions would result in additional costs to the state as a result of laws governing federal health care reform. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/14/2011-Read second time. Ordered to third reading.

Summary: Would specify that homeless persons, as defined, are entitled to the personal rights set forth under current law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. The bill would also provide that these provisions shall not be construed to enlarge or diminish an current duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence. The bill would provide that these provisions are not to be construed to prohibit or restrict a public agency from the lawful enforcement of any law, and a public agency would not be subject to civil liability for that lawful enforcement.

Position: Approve

Status: 4/6/2011-In committee: Set, first hearing. Referred to APPR. suspense file.

Summary: Current law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems. Current law directs the department to work with counties with the goal of extending these services upon completion of the offender's period of parole. This bill would repeal these provisions.

Assigned: Randall Watch

Status: 4/25/2011-From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. Re-referred to Com. on PUB. S.

Summary: Would require the court to determine if the defendant lacks capacity to make decisions regarding antipsychotic medication before seeking consent from the defendant for those medications. The bill would provide that when, under specified conditions and in the opinion of the treating psychiatrist, involuntary administration of antipsychotic medication becomes necessary, that medication may be administered to the defendant for not more than 21 days, provided, however, that, within 72 hours of certifying that involuntary antipsychotic medication has become medically necessary, a 2-person panel, comprised of a psychiatrist who is not involved in the defendant's treatment and a patient representative, reviews the treating psychiatrist's determination to administer the medication and concurs in that determination. The bill provides that if the panel concurs in the treating psychiatrist's certification, antipsychotic medication would be authorized to continue to be administered for the 21-day certification period. The bill would require the treating psychiatrist to file a copy of the certification and a petition with the court for issuance of an order to administer antipsychotic medication beyond the 21-day certification period, as specified, and would waive fees for the filing of the petition or other document or paper related to the petition. The bill would require the court to determine, prior to the expiration of the 21-day certification period, whether the medication should be administered beyond the 21-day certification period, as specified.

Position: Pending

Assigned: State Hospital Task Force, Government Affairs Committee

Status: 4/27/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 5.) (April 26). Re-referred to Com. on APPR.

Summary: Would impose specified requirements on health care service plans or health insurers that restrict medications for the treatment of pain pursuant to step therapy or fail first protocol. The bill would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing physician and would prohibit a health care service plan or health insurer from requiring that a patient try and fail on more than two pain medications before allowing the patient access to other pain medication prescribed by the physician, as specified. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/26/2011-Re-referred to Com. on HEALTH.

Summary: Would additionally require the State Department of Health Care Services to develop a process to allow counties to receive any available federal financial participation for health care services provided to juvenile detainees who are admitted as inpatients in a medical institution. The bill would require the department to consult with counties in the development of this process, and would require the department to seek any federal approvals necessary to implement the process. The bill would also limit application of this process to counties that elect to voluntarily provide the nonfederal share of expenditures for health care services, and would require that the federal financial participation associated with services provided pursuant to the process be paid to the participating counties. The bill would provide that these provisions shall be implemented only to the extent that any necessary federal approval is obtained and current levels of federal financial participation are not jeopardized. The bill would make related findings and declarations. This bill contains other current laws

Position: Approve

Status: 4/28/2011-Re-referred to Com. on ED.

Summary: Would prohibit an educational provider from using chemical restraint, as defined, mechanical restraint, as defined, physical restraint, as defined, or seclusion, as defined, for the purpose of coercion, discipline, convenience, or retaliation by staff. The bill would limit the use of physical restraint, and would specify conditions under which an educational provider would be authorized to use physical restraint. The bill would allow, until January 1, 2014, nonpublic, nonsectarian schools, and certain district-designated alternative programs, to use seclusion if specified conditions are met. This bill contains other related provisions and other current laws.

Position: Pending

Assigned: Child and Adolescent Committee

Status: 4/12/2011-In committee: Hearing postponed by committee. (Refers to 4/12/2011 hearing)

Summary: Would specify that homeless persons, as defined, are entitled to the rights set forth under current law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. The bill would also provide that these provisions shall not be construed to enlarge or diminish an current duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence.

Position: Approve

Status: 4/11/2011-Re-referred to Com. on APPR.

Summary: Would establish the Medi-Cal Alcohol and Drug Screening and Brief Intervention Services Program, under which the department, in consultation with the State Department of Alcohol and Drug Programs, would be required to provide reimbursement under the Medi-Cal program for alcohol and drug screening and brief intervention services provided to Medi-Cal beneficiaries who are pregnant women or women of childbearing age, as specified. This bill would require the nonfederal share of expenditures submitted to the federal Centers for Medicare and Medicaid Services (CMS), for purposes of claiming federal financial participation for services provided pursuant to the program, to be comprised of only those funds that are paid by a public entity, as defined. The bill would require a public entity that participates in the program, upon receiving federal financial participation for expenditures made to CMS for alcohol and drug screening and brief intervention services, to reimburse the state for any costs of creating and administering the program. The bill would require the department to seek all necessary federal approvals for the implementation of the program. The bill would make participation in the program voluntary for a qualifying Medi-Cal beneficiary. This bill contains other related provisions.

Position: Approve

Status: 3/31/2011-Referred to Com. on B., P. & C.P.

Summary: The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would require a standing committee of the Legislature with jurisdiction over a state agency proposing to adopt a regulation with a gross cost in excess of $10,000,000 to hold an informational hearing regarding the proposed regulation.

Position: Approve

Status: 4/14/2011-Read second time. Ordered to third reading.

Summary: Would authorize the State Department of Public Health to authorize, as specified, certain entities to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. The bill would require the department to establish and maintain on its Internet Web site the address and contact information of these programs. This bill contains other related provisions.

Position: Approve

Priority: Co/CSAM

Status: 3/7/2011-Referred to Com. on B., P. & C. P.

Summary: Would require a peer review body to respond to the request of another peer review body and produce a summary of specified information concerning a licentiate under review, as specified. The bill would provide that the information produced pursuant to this provision is not subject to discovery, as specified, and may be used only for peer review purposes. The bill would require the requesting peer review body, upon request, to sign a specified sharing agreement with the responding peer review body, and to indemnify the responding peer review body for certain claims relating to the improper release or disclosure of information.

Position: Coordinate w/ CMA

Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR suspense file.

Summary: Would provide that an eligible provider, as described, may receive supplemental Medi-Cal reimbursement, in addition to the rate of payment that the provider would otherwise receive, for Medi-Cal ground emergency medical transportation services and that the supplemental reimbursement shall be equal to the amount of federal financial participation the department receives as a result of claims submitted for expenditures for services, as specified. This bill would require the department to promptly seek any necessary federal approvals for the implementation of these provisions, including obtaining approval from the federal Centers for Medicare and Medicaid Services for the specified payment methodology to be used to distribute the supplemental reimbursement.

Assigned: Randall Watch

Status: 4/27/2011-Re-referred to Com. on APPR.

Summary: Would require the state board and the commission to include suicide prevention instruction and mental illness awareness instruction in the health education framework for pupils in grades 7 to 12, inclusive, during the next revision of that framework. The bill would also require the state board and the commission to include suicide prevention instruction and mental health illness awareness instruction in the health education evaluation criteria for pupils in grades 7 and 8 during that revision. The bill would authorize a school district, commencing with the 2012-13 school year, to provide suicide prevention instruction and mental illness awareness instruction to pupils in grades 7 to 12, inclusive.

Position: Sponsor

Status: 4/11/2011-Read second time. Ordered to third reading.

Summary: Current law regulating professional corporations provides that certain healing arts practitioners may be shareholders, officers, directors, or professional employees of a medical corporation , podiatric medical corporation, or a chiropractic corporation, subject to certain limitations. This bill would add licensed physical therapists and licensed occupational therapists to the list of healing arts practitioners who may be shareholders, officers, directors, or professional employees of those corporations. The bill would also make conforming changes to a related provision.

Position: Approve

Status: 5/2/2011-In committee: Hearing postponed by committee. (Refers to 4/26/2011 hearing)

Summary: Would authorize a provider of ambulance services, as defined, and the employees of those providers to further detain a person in custody for the purpose of transporting him or her to a county-designated facility, whether or not accompanied by a person otherwise authorized. The bill would also exempt from criminal and civil liability individuals transporting a person for 72-hour treatment and evaluation pursuant to this provision.

Position: Pending

Assigned: Public Psychiatry

Status: 4/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 6.) (April 5). Re-referred to Com. on APPR.

Summary: Would eliminate the Office of Patient Advocate and would instead create an Office of Health Consumer Assistance. The bill would impose specified duties and responsibilities on the Office of Health Consumer Assistance with regard to providing outreach and education about health care coverage to consumers. The bill would authorize the office to contract with community organizations to provide those services and would require the office to adopt certain standards and procedures regarding those organizations . The bill would require specified state agencies to report to the office regarding consumer complaints submitted to those agencies by individuals with complaints about their health care coverage. The bill would establish the California Health Consumer Assistance Trust Fund for those purposes and would make moneys deposited into that fund available for purposes of administering the program, subject to appropriation by the Legislature. The bill would authorize the office to apply to the federal government for moneys to fund the office and would transfer moneys used to support the Office of Patient Advocate to the fund.

Assigned: Randall Watch

Status: 4/28/2011-Re-referred to Com. on B., P. & C. P.

Summary: Would until January 1, 2022, reenact the pilot project to allow all qualified district hospitals to employ not more than 50 physicians and surgeons, under circumstances described above. The bill would require the Medical Board of California to report to the Legislature by October 1, 2020, on the effectiveness of the pilot project. This bill contains other related provisions.

Position: Pending

Assigned: Government Affairs Committee

Status: 4/12/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (April 12). Re-referred to Com. on APPR.

Summary: Would require an intern or trainee, prior to performing professional services, to provide each client or patient with the name of his or her employer and indicate whether he or she is under the supervision of a licensed marriage and family therapist, licensed clinical social worker, licensed psychologist, or a licensed physician and surgeon certified in psychiatry. The bill would require any advertisement by or on behalf of an intern or trainee to include specified information, including the name of the employer of the intern or trainee and that the intern or trainee is supervised by a licensed person. The bill would also require an advertisement for interns to include the title "marriage and family therapist registered intern" if the abbreviation MFTI is used in the advertisement. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/27/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 1.) (April 26). Re-referred to Com. on APPR.

Summary: Would until January 1, 2017, revise the definition of an alcoholism or drug abuse recovery or treatment facility to include a facility that provides a medical program exclusively to residents of the facility, as specified, and that is accredited by a nationally recognized accrediting organization.

Position: Approve

Priority: Co/CSAM

Status: 4/13/2011-In committee: Set, first hearing. Referred to APPR. suspense file.

Summary: Would specifically include in the plan requirement , for certain programs, transition age foster youth. This bill would declare that it clarifies procedures and terms of the act. Because this bill would require counties to include additional information in the 3-year plan, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/6/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (April 5). Re-referred to Com. on APPR.

Summary: Would require the director, upon a final determination that a health care service plan has underpaid or failed to pay a provider, as specified, to assess an administrative penalty and to require the plan to pay the provider the amount owed plus interest, as specified. The bill would authorize the director to exempt a plan from paying the administrative penalty if the director makes a written finding that paying both the penalty and the provider would jeopardize the financial solvency of the plan. The bill would also specify that a provider shall not be required to resubmit a claim to a plan unless the director makes a determination that an extraordinary circumstance exists and requires the plan to reimburse the provider for the cost of resubmission, as specified.

Position: Approve

Status: 5/2/2011-Re-referred to Com. on JUD.

Summary: Would provide that no inmate shall be administered psychotropic medication on a nonemergency basis without the inmate's informed consent, unless after a noticed hearing is conducted in which an administrative law judge determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate is gravely disabled and lacks the capacity to consent or refuse treatment or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate's best medical interest. This bill contains other related provisions.

Position: Approve in Concept

Status: 4/12/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 12). Re-referred to Com. on APPR.

Summary: Would provide that unprofessional conduct also includes the repeated failure, except for good cause, by a certificate holder who is the subject of a board investigation, to attend and participate in an interview scheduled by the mutual agreement of the certificate holder and the board . This bill contains other related provisions and other current laws.

Position: Pending

Assigned: Government Affairs Committee

Status: 4/28/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 27). Re-referred to Com. on APPR.

Summary: Would create the California Interagency Council on Homelessness. This bill would provide that the council be composed of specified members and would require the council to hold public meetings at least once every quarter. This bill would authorize the council to perform various activities, including acting as the lead for coordinating and planning the state's response to homelessness and would require the council to seek all available federal funding for purposes of funding the council and its activities.

Position: Approve

Status: 4/4/2011-Re-referred to Com. on PUB. S. Summary: Would lower the percentage of required participating matching funds from 25% to 10%. The bill would delete the provisions requiring specific funding preferences and instead require that counties that applied for and were awarded funds under specified provisions be funded in that amount and require CDCR and CSA, after those counties have been funded, to give funding preference to counties that committed the largest percentage of inmates to state custody in relation to the total inmate population supervised by CDCR in 2010.

Assigned: Randall Watch

Status: 4/12/2011-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 12). Re-referred to Com. on APPR.

Summary: Would, commencing January 1, 2015, prohibit a person from holding himself or herself out to be a behavior analyst or an assistant behavior analyst unless licensed by the Board of Behavioral Sciences. The bill would require the board to issue a license to a person who meets certain educational requirements and passes an examination administered by the board, the Behavior Analyst Certification Board, or another comparable accredited entity approved by the board, as specified , and is certified by the Behavior Analyst Certification Board, a nonprofit corporation, or another comparable accredited entity approved by the board , as specified, and submits an application and pays fees established by the board. The bill would specify that a license shall expire no later than 24 months after its date of issue, as specified, and is subject to renewal upon the completion of various requirements, including the payment of a renewal fee and the completion of continuing education hours . The bill would describe the services that may be provided by a licensed behavior analyst and a licensed assistant behavior analyst, subject to specified supervision. The bill would authorize the board to regulate these licensees and to enforce these provisions.

Position: Pending

Priority: Co/CalACAP

Assigned: Government Affairs Committee

Status: 4/26/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR.

Summary: Current law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Current law requires that a physician and surgeon's certificate be suspended automatically when the holder of the certificate is incarcerated after a felony conviction. This bill would require that a physician and surgeon's certificate be automatically placed on inactive status during any period of incarceration after a misdemeanor conviction. The bill would require the reason for this type of inactive status to be disclosed, as specified.

Assigned: Randall Watch

Status: 4/27/2011-From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 19. Noes 0.) (April 26). Re-referred to Com. on APPR.

Summary: Would require the standards, guidelines, and reimbursement amounts to be set in accordance with federal Medicaid requirements and the approved Medicaid state plan and waivers. The bill also would require bills for service to be submitted by MHPs within the timeframes required by federal Medicaid requirements and the approved Medicaid state plan and waivers. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/12/2011-From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 4.) (April 12). Re-referred to Com. on HEALTH.

Summary: Would authorize a health care district, as defined, and a clinic owned or operated by a health care district, as specified, to employ physicians and surgeons if the health care district's service area includes a Medically Underserved Area (MUA) or a Medically Underserved Population (MUP), or has been federally designated as a Health Professional Shortage Area (HPSA); the district board conducts a public hearing and adopts a formal resolution declaring the need for the district to recruit and directly employ one or more physicians and surgeons; and the executive officer of the district provides specified documentation to the Medical Board of California. Upon receipt of that documentation, the bill would require the Medical Board of California to approve the employment of up to 5 primary or specialty care physicians and surgeons by the district, and, upon receipt of additional documentation after that employment, to approve an additional 5 primary or specialty care physicians and surgeons. The bill would provide that a district may, until December 31, 2022, enter into, renew, or extend any employment contract with a physician and surgeon for up to 10 years. The bill would require the Office of Statewide Health Planning and Development, in consultation with the State Department of Public Health and the Medical Board of California, to report to the Legislature by June 1, 2020, with regard to the efficacy of the employment of physicians and surgeons by health care districts, as specified.

Position: Oppose

Status: 5/2/2011-Set, first hearing. Hearing cancelled at request of author. (Refers to 4/29/2011 hearing)

Summary: Would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the statements in the defendant's petition are true, as specified. The bill would apply retroactively, as specified.

Position: Support

Status: 4/14/2011-Read second time. Ordered to third reading.

Summary: Would make a technical nonsubstantive change to the above provisions. The Elder Abuse and Dependent Adult Civil Protection Act establishes procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires persons, defined as mandated reporters, to report known or suspected instances of elder or dependent adult abuse. Under the act, care custodians of elder or dependent adults and local law enforcement agencies are mandated reporters. A violation of the reporting requirements by a mandated reporter is a misdemeanor. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/11/2011-Placed on APPR. suspense file.

Summary: Would allow a county, a county agency, a local initiative, or a county organized health system that will provide an intergovernmental transfer to apply to MRMIB for funding to provide health care coverage to eligible children whose family income is at or below 400% of the federal poverty level , as specified, and would require persons receiving this coverage be ineligible for no share of cost Medi-Cal coverage and either ineligible for the Healthy Families Program or unable to enroll in the program as a result of specified enrollment policies due to insufficient funds . The bill would specify that implementation of these provisions is conditioned on MRMIB obtaining necessary federal approval thereof. This bill contains other current laws.

Position: Approve

Status: 4/26/2011-Do pass as amended, and re-refer to the Committee on Appropriations.

Summary: Would delete the prohibition against any person possessing or having under his or her control any hypodermic needle or syringe, except in accordance with the aforementioned regulatory provisions. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/27/2011-Do pass as amended, and re-refer to the Committee on Appropriations

Summary: Would require health care service plans and health insurers to comply with the requirements imposed under those federal provisions, as specified. The bill would authorize the Director of the Department of Managed Health Care and the Insurance Commissioner to issue guidance and promulgate regulations to implement requirements relating to medical loss ratios, as specified. This bill contains other related provisions and other current laws.

Position: Coordinate w/ CMA

Status: 4/26/2011-Set for hearing May 3. Summary: Would prohibit a person who was transferred because he or she, while housed in the state hospital, committed an act that resulted in the death, rape, or life threatening injury of another patient or a staff member of the state hospital, from being returned to the state hospital until a court has determined in a hearing that the person does not represent a substantial risk of harm to himself, herself, or others. The bill would require the Department of Corrections and Rehabilitation to make regular assessments of these persons and would authorize the department to petition the court for the return of the patient to a state hospital, as specified, if the department determines that the person is not a threat to himself, herself, or others. This bill contains other related provisions and other current laws.

Position: Approve

Status: 5/2/2011-Referred to Coms. on HEALTH and JUD.

Summary: Would require a person under 18 years of age to wear a properly fitted and fastened snow sport helmet while operating snow skis or a snowboard, or while riding upon a seat or other device that is attached to the snow skis or a snowboard, while participating in the sport of downhill skiing or snowboarding. The bill would impose a $25 fine for a violation of this requirement. Because this bill would create a new crime, it would impose a state-mandated local program. This bill contains other related provisions and other current laws.

Position: Approve

Status: 5/3/2011-Action From APPR.: Read second time and amended. Re-referred to APPR.

Summary: Current law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. This bill would require the administrative director, in order to keep the fee schedule for physician services appropriately updated, to annually adopt the Current Procedural Terminology (CPT) codes, descriptors, and modifiers published by the American Medical Association, as specified. This bill contains other current laws.

Position: Approve

Status: 4/29/2011-Set for hearing May 4.

Summary: Would delete the reporting requirement and would extend the implementation of these provisions until January 1, 2018.

Position: Approve

Status: 4/27/2011-Set, first hearing. Testimony taken. Further hearing to be set.

Summary: Would require those health care service plan contracts and health insurance policies to also provide coverage for behavioral intervention therapy, as defined, for pervasive developmental disorder or autism. The bill would, however, provide that no benefits are required to be provided that exceed the essential health benefits required under federal law. Because a violation of these provisions with respect to health care service plans would be a crime, the bill would thereby impose a state-mandated local program. This bill contains other related provisions and other current laws.

Position: Pending

Assigned: Child and Adolescent Committee

Status: 4/15/2011-Set for hearing May 4.

Summary: Current law provides for the licensure and regulation of clinics and health facilities by the State Department of Public Health. Current law also provides for the registration, certification, and licensure of various health care professionals and sets forth the scope of practice for these professionals. This bill would establish the Patient-Centered Medical Home Act of 2011 to encourage licensed health care providers and patients to partner in a patient-centered medical home, as defined, that promotes access to high-quality, comprehensive care, in accordance with prescribed requirements.

Position: Approve

Status: 4/15/2011-Set for hearing May 4. Summary: Would require the department to establish a pilot program to facilitate collaboration between an available and accessible provider of nonemergency medical care and a general acute care hospital to provide a Medi-Cal beneficiary or patient who lacks health insurance with an alternative to the use of the emergency unit of a general acute care hospital for care and services if the Medi-Cal beneficiary or patient , after a medical screening, is determined by a physician and surgeon or other health care provider, as specified, to not have an emergency medical condition and the Medi-Cal beneficiary or patient is provided the specified information, in writing, before discharge from the emergency unit.

Position: Pending

Assigned: Government Affairs Committee

Status: 5/2/2011-Set, first hearing. Hearing canceled at the request of author.

Summary: Would require cooperation between state agencies and all boards within the department when investigating a licensee, and would require a state agency to provide to the board all licensee records in the custody of the state agency. The bill would require all local and state law enforcement agencies, state and local governments, state agencies, licensed health care facilities, and any employers of any licensee to provide licensee records to any board within the department upon request by that board, and would make an additional requirement specific to the Department of Justice. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other current laws.

Position: Oppose Unless Amended

Status: 4/15/2011-Set for hearing May 4.

Summary: Would prohibit a health care service plan contract or health insurance policy that is issued, amended, renewed, or delivered on or after January 1, 2014, from discriminating against any health care provider who is acting within the scope of that provider's license, as specified. This bill contains other related provisions and other current laws.

Assigned: Randall Watch

Status: 5/2/2011-SEN. APPR. Vote - Placed on Appropriations Suspense file.

Summary: Would provide for continuation of the Medi-Cal benefits until the date of the individual's adjudication , after which benefits would be suspended as provided in specified current law, if the individual is an inmate of a public institution . This bill would set forth specified conditions that would affect the implementation of the above-described provisions.

Position: Approve

Status: 4/27/2011-Set for hearing May 4. Summary: Would require the department to establish the Autism TeleHealth Program (ATHP) to promote the use of telehealth systems (THS), as defined, to provide services for individuals with autism spectrum disorders (ASD). The bill would require the department to implement this program by requesting proposals from, and executing memorandums of understanding with, one or more regional centers that promote the use of or utilize THS to provide services for individuals with ASD. This bill would repeal these provisions on January 1, 2017.

Position: Spot Bill

Assigned: Randall Watch

Status: 4/26/2011-Set for hearing May 3.

Summary: Would provide that a person confined to a state hospital who commits battery upon the person of a peace officer or employee of a state hospital by gassing is guilty of aggravated battery, punishable by imprisonment in county jail or state prison for 2, 3, or 4 years. This bill contains other related provisions and other current laws.

Assigned: Randall Watch

Status: 4/20/2011-Set, second hearing. Further hearing to be set.

Summary: Would provide that if informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication, or that the defendant is a danger to others, as specified, then the treating psychiatrist shall file a petition with the committing court for issuance of an emergency order within 24 hours after determining that antipsychotic medication has become medically necessary and appropriate. This bill contains other related provisions and other current laws.

Position: Pending

Assigned: State Hospital Task Force

Status: 4/26/2011-Set for hearing May 4.

Summary: Would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various current federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. This bill contains other related provisions and other current laws.

Assigned: Randall Watch

Status: 5/2/2011-Action From APPR.: To APPR. SUSPENSE FILE.

Summary: Would require the Department of Managed Health Care and the Department of Insurance to, on or before July 1, 2012, develop a prior authorization form for use by every health care service plan and health insurer that provides prescription drug benefits , except as specified . The bill would require every prescribing provider, as defined , when requesting prior authorization for prescription drug benefits, to submit the prior authorization form to the health care service plan or health insurer, and would require those plans and insurers to utilize and accept those prior authorization forms for prescription drug benefits. Upon a failure to accept the prior authorization form or to respond to a prescribing provider within 48 hours, the bill would deem the prior authorization request as granted, as specified. This bill contains other related provisions and other current laws.

Position: Approve

Status: 4/28/2011-Read second time. Ordered to third reading.

Summary: Would additionally permit a probation officer to authorize a medical exam that complies with the regulations promulgated by the Corrections Standards Authority, without regard to the minor's need for medical care. The bill would also permit the probation officer to authorize the performance of reasonable medical or dental care if the minor is in need of the care and upon the recommendation of the attending physician or dentist, as specified. The bill would permit the probation officer to authorize additional treatment necessary for the health of the minor and recommended by the physician if the minor remains in the temporary custody of the probation officer. This bill would also require the probation officer to make reasonable efforts to notify and obtain the consent of the minor's parent or guardian prior to the provision of the medical or dental care.

Position: Approve