AB 1540 — Health.

Summary

(1) Existing law, the California Public Records Act, requires certain public records to be made available for public inspection. Existing law, the Health Data and Advisory Council Consolidation Act, requires every organization that operates, conducts, or maintains a health facility to make and file with the Office of Statewide Health Planning and Development, specified reports containing various financial and patient data. Existing law requires the office to publish risk-adjusted outcome reports for coronary artery bypass graft surgeries, as specified. This bill would provide, with respect to the above provisions, that patient medical record numbers and any other data elements that the office believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. The Knox-Keene Health Care Service Plan Act of 1975 authorizes the director of the department to adopt, amend, and rescind any rules necessary to carry out the act and requires health care service plans to provide certain notices. This bill would authorize the director to, by regulation, modify the wording of any notice required by the act for purposes of clarity, readability, and accuracy. The bill would make other technical, nonsubstantive changes to related provisions governing health care service plans. (3) Existing law, known as the California Safe Drinking Water Act, requires the State Department of Public Health to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires the department to adopt regulations it determines to be necessary to carry out the purposes of the California Safe Drinking Water Act. Existing law requires regulations adopted by the department to include requirements governing the use of point-of-entry treatment by public water systems in lieu of centralized treatment, as specified. This bill would require regulations adopted by the department to include requirements governing the use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment, as specified. The bill would also prohibit the department from issuing or amending a permit to allow the use of point-of-use treatment unless the department determines, after a public hearing, that there is no substantial community opposition. It would also limit the issuance of that permit to the lesser of 3 years or until funding for centralized treatment is available. (4) Under existing law, when a primary drinking water standard is not complied with, when a monitoring requirement is not performed, or when a water purveyor fails to comply with the conditions of a variance or exception, a public water system is required to notify the department and users, as specified. This bill would, if user notification is required pursuant to this provision, require the department to make a reasonable effort to ensure that notification is given. (5) Existing law provides that the department may issue a citation to a public water system that violates the California Safe Drinking Water Act. Existing law provides that for noncontinuing violations of primary drinking standards, other than turbidity, the department may assess a civil penalty in the citation, as specified. This bill would delete the exemption for turbidity. This bill would make other technical, nonsubstantive changes to related provisions governing the issuance of citations for violations of the California Safe Drinking Water Act. (6) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. Existing law requires that health care providers apply to, and be certified by, the department prior to their participation in the Medi-Cal program. Existing law allows the department to grant provisional provider status or preferred provisional provider status to an applicant or provider, and requires the department to terminate that status if any specified grounds exist. This bill would correct obsolete references in the above provisions. (7) Under existing law, the Medi‑Cal program is partially governed and funded as part of the federal Medicaid Program. Existing law requires the department to amend the Medicaid state plan with respect to the billing option for services by local educational agencies to ensure that schools are reimbursed for all eligible services that they provide that are not precluded by federal requirements. Existing law would repeal these provisions on January 1, 2010. This bill would change the repeal date to January 1, 2013. (8) Existing law establishes the Local Education Agency Medi‑Cal Recovery Account in the Special Deposit Fund, to be used only to support the department in meeting the requirements of the above provisions, and specifies a formula for funding and staffing activities provided for under these provisions. Existing law provides that as of January 1, 2010, unless the Legislature enacts a new statute or extends the date beyond January 1, 2010, all funds in the Local Education Agency Medi‑Cal Recovery Account shall be returned proportionately to all local education agencies whose federal Medicaid funds were used to create the account. This bill would rename the account the Local Educational Agency Medi‑Cal Recovery Fund. This bill would also provide that, as of January 1, 2013, unless the Legislature enacts a new statute or extends the repeal date, all funds in the Local Educational Agency Medi-Cal Recovery Fund shall be returned proportionally to all local educational agencies whose federal Medicaid funds were used to create the fund. (9) Existing law, until January 1, 2011, requests the University of California to establish the California Health Benefit Review Program to assess legislation proposing a mandated health benefit or service, as defined, to be provided by health care service plans and health insurers, and to prepare a written analysis in accordance with specified criteria. This bill would extend the repeal date of the above provisions to June 30, 2015. (10) Existing law requests the University of California to submit a report to the Governor and the Legislature no later than January 1, 2010, regarding the implementation of the above provisions. This bill would, instead, request the University of California to submit a report no later than January 1, 2014. (11) Existing law, for fiscal years 2006–07 to 2009–10, inclusive, provides funding for the University of California's implementation of the above provisions from a fee imposed upon health care service plans and health insurers, which would not exceed a total of $2,000,000, and is to be deposited in the Health Care Benefits Fund. This bill, instead, provides for the imposition of that fee for fiscal years 2010–11 to 2014–15, inclusive. (12) Existing law requires the State Department of Public Health to maintain a program for the control of tuberculosis. Existing law, until January 1, 2011, requires a local health department that elects to participate in the program to provide for certification for one year, by the local health officer, of tuberculin skin test technicians. This bill would delete the repeal date of these provisions, thereby extending the operation of these provisions indefinitely. (13) This bill would incorporate additional changes to Section 6276.24 of the Government Code proposed by SB 359, that would become operative only if SB 359 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill would incorporate additional changes to Section 14043.28 of the Welfare and Institutions Code proposed by AB 839, that would become operative only if AB 839 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/17/09 - Enrolled pdf September 17, 2009
• Amended 09/03/09 - Amended Senate pdf September 03, 2009
• Amended 08/17/09 - Amended Senate pdf August 17, 2009
• Amended 07/23/09 - Amended Senate pdf July 23, 2009
• Amended 07/02/09 - Amended Senate pdf July 02, 2009
• Amended 06/24/09 - Amended Senate pdf June 24, 2009
• Amended 06/18/09 - Amended Senate pdf June 18, 2009
• Amended 06/16/09 - Amended Senate pdf June 16, 2009
• Amended 05/05/09 - Amended Assembly pdf May 05, 2009
• Amended 04/16/09 - Amended Assembly pdf April 16, 2009
• Introduced 03/04/09 - Introduced pdf March 04, 2009
• AB1540 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 298, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 28, 2009

   Enrolled and to the Governor at 4 p.m.

4. September 10, 2009

   Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3300.)

5. September 10, 2009

   In Assembly. Concurrence in Senate amendments pending.

6. September 09, 2009

   Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 2314.)

7. September 04, 2009

   Read second time. To third reading.

8. September 03, 2009

   Read third time, amended. To second reading.

9. August 25, 2009

   Read second time. To third reading.

10. August 24, 2009

    From committee: Do pass. (Ayes 13. Noes 0.) (August 24).

11. August 17, 2009

    In committee: Hearing postponed by committee.

12. August 17, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

13. July 23, 2009

    Read second time, amended, and re-referred to Com. on APPR.

14. July 23, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 13).

15. July 09, 2009

    From committee: Do pass, and re-refer to Com. on EQ. Re-referred. (Ayes 10. Noes 0.) (July 8).

16. July 02, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

17. July 01, 2009

    In committee: Hearing postponed by committee.

18. June 24, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

19. June 22, 2009

    In committee: Hearing postponed by committee.

20. June 18, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

21. June 16, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

22. June 11, 2009

    Referred to Coms. on HEALTH and EQ.

23. June 02, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

24. June 01, 2009

    Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1856.)

25. May 29, 2009

    Read second time. To third reading.

26. May 29, 2009

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

27. May 20, 2009

    In committee: Set, first hearing. Referred to APPR. suspense file.

28. May 06, 2009

    Re-referred to Com. on APPR.

29. May 05, 2009

    Read second time and amended.

30. May 04, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28).

31. April 28, 2009

    In committee: Set, first hearing. Hearing canceled at the request of author.

32. April 22, 2009

    From committee: Do pass, and re-refer to Com. on E.S. & T.M. Re-referred. (Ayes 17. Noes 0.) (April 21).

33. April 20, 2009

    Re-referred to Com. on HEALTH.

34. April 16, 2009

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

35. April 02, 2009

    Referred to Coms. on HEALTH and E.S. & T.M.

36. March 05, 2009

    From printer. May be heard in committee April 4.

37. March 04, 2009

    Read first time. To print.

Sponsors

• Committee on Health · Primary

Votes

Subjects