SB 823 — Public health: omnibus bill.

Summary

(1) Under existing law, a licensed health care provider who is authorized by law to prescribe an opioid antagonist may, if acting with reasonable care, prescribe and subsequently dispense or distribute an opioid antagonist to a person at risk of an opioid-related overdose or to a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. Existing law defines "opioid antagonist" for this purpose to mean naloxone hydrochloride that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. This bill would also include within the definition of "opioid antagonist" any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local government agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone to first responders and to at-risk opioid users through programs that serve at-risk drug users. This bill, in addition to naloxone, would include any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. (2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes the Bureau of Medi-Cal Fraud within the Office of the Attorney General. Existing law authorizes the bureau to conduct a statewide program for investigating and prosecuting, and referring for prosecution, any violation of law relating to fraud in the administration of the Medi-Cal program, the provision of medical assistance or medical supplies, or the activities of providers of medical assistance or medical suppliers under the Medi-Cal state plan. Existing law provides that the investigation of fraud by beneficiaries of the Medi-Cal program is the responsibility of the Audits and Investigations Branch of the department. This bill would rename the Bureau of Medi-Cal Fraud as the Division of Medi-Cal Fraud and Elder Abuse, and would make various conforming changes in this regard. (3) Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center so that they may continue living in the community. Federal law authorizes states to implement PACE as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal state plan. Existing law generally requires an adult day health care center or home health agency to be licensed by the State Department of Public Health, which is required to obtain a criminal record clearance for specified individuals who own or are employed by the adult day health care center or home health agency. Under existing law, an adult day health care center or a home health agency that has been approved by the State Department of Health Care Services to exclusively serve PACE participants is exempt from licensure by the State Department of Public Health. Existing law requires the State Department of Health Care Services to obtain a criminal record clearance for the administrator, program director, and fiscal officer of an adult day health care center before approving the center to exclusively serve PACE participants or individuals being assessed for the PACE program. Existing law requires each specified individual, in order to qualify for criminal record clearance, to submit electronic fingerprint images and related information required by the Department of Justice and to be responsible for any costs associated with transmitting the electronic fingerprint images. Existing law requires the fee to cover the department's processing costs, not including the costs associated with capturing or transmitting the fingerprint images and related information, not to exceed $32 per submission to the department. This bill would remove the $32 limit on the processing fee and would instead require the Department of Justice to charge a fee that is sufficient to cover the department's cost of processing the criminal record check. Under existing law, to qualify for approval as a home health agency that exclusively serves PACE participants or individuals being assessed for the PACE program, an owner or administrator of a home health agency is required to submit electronic fingerprint images, at the owner's or administrator's expense, to the Department of Justice for the furnishing of the owner's or administrator's criminal record to the State Department of Health Care Services. Existing law prohibits a facility from allowing a newly hired administrator, program director, or fiscal officer to have direct contact with clients or residents of the facility before completing the criminal record clearance process pursuant to these provisions. Existing law requires the Department of Justice to charge a fee that is sufficient to cover the department's cost of processing the criminal record check. This bill would instead require the above-described persons who own or are employed by a home health agency to be responsible for any costs associated with transmitting the electronic fingerprint images. The bill would require the fee to cover the department's processing costs, not including the costs associated with capturing or transmitting the fingerprint images and related information, not to exceed $32 per submission to the department. (4) This bill would incorporate the changes to Section 6276.14 of the Government Code proposed by this bill to Section 7930.135 of the Government Code, as proposed to be added by AB 473, to be operative, as specified, only if this bill and AB 473 are enacted and this bill is enacted last. This bill would incorporate the changes to Section 6276.30 of the Government Code proposed by this bill to Section 7930.170 of the Government Code, as proposed to be added by AB 473, to be operative, as specified, only if this bill and AB 473 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 15633.5 of the Welfare and Institutions Code proposed by AB 636 to be operative only if this bill and AB 636 are enacted and this bill is enacted last.

Bill Text

• Chaptered 10/05/21 - Chaptered Current pdf October 05, 2021
• Enrolled 09/10/21 - Enrolled pdf September 10, 2021
• Amended 09/01/21 - Amended Assembly pdf September 01, 2021
• Amended 06/10/21 - Amended Assembly pdf June 10, 2021
• Amended 04/05/21 - Amended Senate pdf April 05, 2021
• Introduced 03/10/21 - Introduced pdf March 10, 2021
• SB823 View text html

Action History

1. October 05, 2021

   Chaptered by Secretary of State. Chapter 554, Statutes of 2021.

2. October 05, 2021

   Approved by the Governor.

3. September 13, 2021

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 08, 2021

   Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2525.) Ordered to engrossing and enrolling.

5. September 07, 2021

   In Senate. Concurrence in Assembly amendments pending.

6. September 07, 2021

   Read third time. Passed. (Ayes 71. Noes 0. Page 2816.) Ordered to the Senate.

7. September 01, 2021

   Ordered to third reading.

8. September 01, 2021

   Read third time and amended.

9. August 23, 2021

   Read second time. Ordered to third reading.

10. August 19, 2021

    From committee: Do pass. (Ayes 16. Noes 0.) (August 19).

11. July 07, 2021

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (July 6). Re-referred to Com. on APPR.

12. June 10, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

13. May 20, 2021

    Referred to Com. on HEALTH.

14. May 10, 2021

    In Assembly. Read first time. Held at Desk.

15. May 10, 2021

    Read third time. Passed. (Ayes 37. Noes 0. Page 1062.) Ordered to the Assembly.

16. May 05, 2021

    Read second time. Ordered to consent calendar.

17. May 04, 2021

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

18. April 21, 2021

    Set for hearing May 3.

19. April 14, 2021

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 795.) (April 14). Re-referred to Com. on APPR.

20. April 05, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

21. March 26, 2021

    Set for hearing April 14.

22. March 18, 2021

    Referred to Com. on HEALTH.

23. March 11, 2021

    From printer.

24. March 10, 2021

    Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 22, 2021, suspending the 30 calendar day requirement.

25. March 10, 2021

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Health · Primary

Votes

Subjects