AB 1422 — Health care programs: California Children and Families Act of 1998.

Summary

Existing law imposes various taxes, including a tax at a specified rate on the gross premiums of an insurer, as defined. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income recipients. One of the methods by which these services are provided is pursuant to contracts with various types of managed care plans. This bill would, until January 1, 2011, impose that tax on the total operating revenue, as specified, of a Medi-Cal managed care plan, as defined. The proceeds from the tax would be continuously appropriated (1) to the department for purposes of the Medi-Cal program in an amount equal to 38.41% of the proceeds from the tax and (2) to the Managed Risk Medical Insurance Board for purposes of the Healthy Families Program in an amount equal to 61.59% of the proceeds from the tax. The bill would provide that the tax on Medi-Cal managed care plans would have no force or effect if any of specified conditions apply. Existing law requires every return required to be filed with the State Insurance Commissioner pursuant to provisions governing taxes on the gross premiums of insurers to be signed by the insurer or an executive officer of the insurer and to be made under oath or contain a written declaration that it is made under penalty of perjury. This bill would also require Medi-Cal managed care plans to file returns with the commissioner under oath or with a written declaration that is made under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law creates the Healthy Families Program, administered by the Managed Risk Medical Insurance Board, to arrange for the provision of health care services to children less than 19 years of age who meet certain criteria, including having a limited gross household income. Existing law requires families with children participating in the program to pay specified family contribution amounts. This bill would, commencing November 1, 2009, increase the amounts to be paid for the family contributions. This bill would require the Healthy Families Program to provide prior notice to any applicant for a subscriber whose premium will increase as a result of the increases in the family contribution amounts and would require the program to provide the applicant with an opportunity to demonstrate that, based on reduced family income, the subscriber is subject to a lower premium pursuant to the above-described provisions. The California Children and Families Act of 1998, an initiative measure approved by the voters as Proposition 10 at the November 3, 1998, statewide general election, requires that the California Children and Families Program, established by the act, be funded by certain taxes imposed on the sale and distribution of cigarettes and tobacco products, that revenues be deposited into the California Children and Families Trust Fund, and that the fund be used for the implementation of comprehensive early childhood development and smoking prevention programs. Existing law provides that 20% of moneys allocated and appropriated from the trust fund shall be deposited, in accordance with a prescribed formula, in specified accounts, including the Unallocated Account, for expenditure by the California Children and Families Commission, also known as First 5 California, for various subjects relating to, and furthering the goals and purposes of, the act. Existing law prohibits amendment of this initiative measure by the Legislature unless the amendment is approved by the voters, or the amendment is accomplished by a vote of 23 of the membership of both houses of the Legislature and the amendment furthers the act and is consistent with its purposes. This bill would provide that any funds not needed in specified accounts may be transferred to the Unallocated Account upon approval of the commission. The bill would make a legislative finding and declaration that these changes further the goals and purposes of that act. This bill would require the Director of Finance to make the necessary budgetary adjustments to allow the expenditure of funds allocated by the commission pursuant to the above provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/22/09 - Chaptered Current pdf September 22, 2009
• Enrolled 09/04/09 - Enrolled pdf September 04, 2009
• Amended 08/25/09 - Amended Senate pdf August 25, 2009
• Amended 08/24/09 - Amended Senate pdf August 24, 2009
• Amended 05/21/09 - Amended Assembly pdf May 21, 2009
• Introduced 02/27/09 - Introduced pdf February 27, 2009
• AB1422 View text html

Action History

1. September 22, 2009

   Chaptered by Secretary of State - Chapter 157, Statutes of 2009.

2. September 22, 2009

   Approved by the Governor.

3. September 08, 2009

   Enrolled and to the Governor at 2:45 p.m.

4. September 03, 2009

   Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 62. Noes 5. Page 3003.)

5. September 03, 2009

   Assembly Rule 77 suspended. (Ayes 47. Noes 24. Page 3003.)

6. September 03, 2009

   From committee: With recommendation: That Senate amendments be concurred in. (Ayes 10. Noes 3.) (September 3).

7. September 02, 2009

   From committee: With recommendation: That Senate amendments be concurred in, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 2.) (September 2).

8. September 02, 2009

   From committee: With recommendation: That Senate amendments be concurred in, and re-refer to Com. on REV. & TAX. Re-referred. (Ayes 12. Noes 0.) (September 2).

9. September 02, 2009

   Joint Rule 62(a), file notice waived. (Ayes 46. Noes 27. Page 2949.)

10. September 02, 2009

    Joint Rule 62(a), file notice waived. (Ayes 46. Noes 28. Page 2948.)

11. September 02, 2009

    Joint Rule 62(a), file notice waived. (Ayes 44. Noes 27. Page 2948.)

12. September 02, 2009

    Re-referred to Coms. on HEALTH, REV. & TAX., and APPR. pursuant to Assembly Rule 77.2.

13. September 02, 2009

    In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

14. September 02, 2009

    Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 27. Noes 8. Page 2121.)

15. September 01, 2009

    Read second time. To third reading.

16. August 31, 2009

    (received by desk August 28, 2009 pursuant to JR61(a)(11))

17. August 31, 2009

    From committee: Do pass. (Ayes 11. Noes 1.) (August 27).

18. August 26, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (August 26).

19. August 26, 2009

    From committee: Do pass, and re-refer to Com. on HEALTH. Re-referred. (Ayes 6. Noes 1.) (August 26).

20. August 25, 2009

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

21. August 25, 2009

    Re-referred to Coms. on REV. & TAX. and HEALTH.

22. August 25, 2009

    Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

23. August 25, 2009

    Read second time. To third reading.

24. August 24, 2009

    Read second time and amended. Ordered returned to second reading.

25. August 24, 2009

    Joint Rule 62(a), file notice suspended. (Page 1907.)

26. August 24, 2009

    From inactive file. To second reading.

27. August 17, 2009

    To inactive file on motion of Senator DeSaulnier.

28. June 25, 2009

    Read second time. To third reading.

29. June 24, 2009

    From committee: Do pass. (Ayes 7. Noes 4.) (June 23).

30. June 11, 2009

    Referred to Com. on T. & H.

31. May 28, 2009

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

32. May 28, 2009

    Read third time, passed, and to Senate. (Ayes 54. Noes 25. Page 1715.)

33. May 26, 2009

    Action rescinded and record expunged whereby a final roll call vote was taken.

34. May 21, 2009

    Read third time, amended, and returned to third reading. (Page 1623.).

35. May 14, 2009

    Read second time. To third reading.

36. May 13, 2009

    From committee: Do pass. (Ayes 4. Noes 1.) (May 13).

37. April 02, 2009

    Referred to Com. on H. & C.D.

38. March 02, 2009

    Read first time.

39. March 01, 2009

    From printer. May be heard in committee March 30.

40. February 27, 2009

    Introduced. To print.

Sponsors

• Alquist · Cosponsor
• Bass · Primary
• Jones · Cosponsor
• Steinberg · Cosponsor

Votes

Subjects