CDCAN REPORT #173-2011: Governor signs fifty-seven bills Friday, vetoes seventeen as Sunday night deadline approaches

GOVERNOR ACTS ON SEVERAL BILLS FRIDAY -

• SB 161 -  Impacts Students With Epilepsy & Their Families By Allowing School Districts To Establish Voluntary Program for Non-Medical School Employees To Administer Anti-Seizure Medications on Emergency Basis
• AB 922 - Transfers Dept of Managed Health Care and Office of Patient Advocate to California Health and Human Services Agency
• AB 221 - Allows Prop 46 and 1C Emergency Housing Assistance Program Funds To Be Spent On Supportive Housing Program for People With Disabilities Who Are Homeless or At Risk
• SB 397 - Authorizes Online Voter Registration If Certain Conditions Are Met
• SB 202 - Requires Initiatives & Referendums Only on November and Special Election Ballots - Not Primary Election Ballots
• Vetoes AB 862 - Regional Center Website Additional Posting Requirements
• No Action Yet On SB 946 Autism Health Insurance Mandate Reform Bill As Sunday Night Deadline Approaches - Many Bills Remain On Governor's Desk

SACRAMENTO, CA (CDCAN)  [Last updated 10/07/2011 11:20 PM] - With the State Constitutional deadline fast approaching, Governor Jerry Brown today signed 57 bills, including several bills that will have impact on people with disabilities, mental health needs, the blind, seniors and their families:

Students with Epilepsy

SB 161 by Sen. Bob Huff (Republican - Diamond Bar  29th State Senate District) that would allow public school districts to implement a voluntary program to train non-medical school employees to administer anti-seizure emergency medication - including Diastat, to students with epilepsy.  The legislation was strongly supported by many families with children with epilepsy, epilepsy and other disability advocacy organizations, groups and individuals across the State not only as a critical step in protecting the health and safety of thousands of students with epilepsy, but also protecting the rights to education and against discrimination under federal and state laws.

Healthcare

AB 922 by Assemblymember Bill Monning (Democrat - Santa Cruz, 27th Assembly District)  that will transfer the Department of Managed Health Care (DMHC) from the Business, Transportation and Housing Agency to the California Health and Human Services Agency. The bill also transfers the Office of the Patient Advocate (OPA) from the Department of Managed Health Care to the California Health and Human Services Agency effective July 1, 2012, and will require existing Office of the Patient Advocate duties to apply to health insurers regulated by the Department of Insurance (DOI) and their insureds (in addition to Department of Managed Health Care regulated health plans). The bill itself does not technically go into effect until January 1, 2012 (with various provisions in the bill having specific dates when something happens).

The Governor also signed today another health related bill, AB 1136 relating to Employment Safety in Health Facilities by Assemblymember Sandre Swanson (Democrat - Oakland, 16th Assembly District) that will establish the "Hospital Patient and Health Care Worker Injury Protection Act to require hospitals a safe patient handling policy.

Housing

AB 221, the Housing and Emergency Shelter Trust Fund Acts of 2002 and 2006: Supportive Housing by Assemblymember Wilmer Amina Carter (Democrat - Rialto, 62nd Assembly District).  The bill will allow the California Department of Housing and Community Development to spend bond funds earmarked for the Emergency Housing Assistance Program (EHAP) either for that program or for the Supportive Housing Program, which funds rental homes with support services for persons with disabilities who are homeless or at imminent risk of being homeless.   Carter previously said her bill was needed because a substantial amount of the Emergency Housing Assistance Program money remains available while there is a greater need in the Supportive Housing Program then there is funding available and that in recent years the focus of efforts to combat homelessness have shifted from simply providing shelf to the more comprehensive "housing first" model that includes supportive services, such as workforce training, mental health services, drug and alcohol treatment.

Among the other bills the Governor signed today included a package of bills dealing with workers compensation (see below), transportation, clean drinking water, oceans and environment related bills, and also legislation dealing with providing protections from pipeline explosions.

Governor Has Until Sunday Night To Sign or Veto Bills - No Action Yet On SB 946 Autism Health Mandate Bill

The Governor has until 11:59 PM Sunday evening, October 9th, to sign or veto (or allow to be come law without his signature) bills passed by the Legislature in its final days of the 2011 Legislative Session, which adjourned for the year on September 9th.

About 600 bills were sent to the Governor, and at least a couple of hundred or so remain on his desk for action, including (as of 11:00 PM Friday evening, October 7th) SB 946 by Senate President Darrell Steinberg (Democrat - Sacramento), legislation that would require private health insurance plans to cover certain behavioral treatments for persons with autism spectrum and related disorders.

CDCAN will send out up to the minute reports on all bills that Governor takes action on between now and that deadline, and a full summary of bills he acted on since the Legislature adjourned September 9th.

Governor Vetoes 17 Bills Today Including AB 862 Dealing With Requiring Regional Centers To Post Certain Info on Their Websites  - No Action Yet on SB 946 Autism Private Health Insurance Mandate Reform Bill

The Governor also vetoed today 17 bills, though only one - AB 862 by Assemblymember Jim Silva (Republican - Huntington Beach, 67th Assembly District) dealing with requirements of posting of information including conflict of interest information on regional center websites (see below for details on that bill) -  that had any direct impact to persons with disabilities, mental health needs, the blind and/or seniors.

SB 161 by Republican State Senator Bob Huff of Diamond Bar Was Strongly Supported by Many Families with Children With Epilepsy, Disability Rights Advocacy Groups Across State As Critical to Protecting Health and Safety of Thousands of Students with Epilepsy and Their Rights to Receive Public Education

SB 161 would allow - but not require - school districts, county offices of education, or charter schools to participate in a voluntary program to train nonmedical school employees who volunteer to administer emergency anti-seizure medication to students with epilepsy.

A previous version of the bill - also authored by Huff last year - had stronger language making it a requirement for schools to provide this program, which Huff changed to a voluntary program in order to win support from Democrats in both the State Senate and Assembly.  The legislation - while strongly supported by a wide range of disability advocacy groups, was strongly opposed, even in its amended voluntary form - by a coalition of education union groups including those representing school nurses and teachers.

Huff's bill states that it is the intent of the California Legislature that ".. individuals with exceptional needs and children with disabilities under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) shall have a right to an appropriate educational opportunity to meet their unique needs, and that children suffering from seizures due to epilepsy have the right to appropriate programs and services that are designed to meet their unique needs."

Huff, in his bill continued that "In order to meet that goal, it is the intent of the Legislature that licensed health care professionals train and supervise employees of school districts, county offices of education, and charter schools to administer an emergency antiseizure medication to children with epilepsy in the public schools," but noted that the "...American Academy of Pediatrics and the Epilepsy Foundation of America support training of school employees to administer an emergency antiseizure medication and believe that an emergency antiseizure medication may be safely and effectively administered by trained school employees," and that "...in the absence of a credentialed school nurse or other licensed nurse onsite at the school, it is in the best interest of the health and safety of children to allow trained school employees to administer an emergency antiseizure medication to pupils in public schools."

More than 90,000 children in California have epilepsy, which includes seizures, which is common among those with the disorder.  Diastat is a trademark administration system of diazepam (valium) and is the only Federal Drug Administration (FDA) approved, at-home medication for the treatment of acute repetitive seizures, or "cluster" seizures.

Diastat, a rectally-administered gel, was specifically developed to be administered by people without medical training - including parents and family members, and is considered the fastest, safest and most  effective way to treat epileptic seizures.

The issue also raised serious concerns about the violations of the rights of students with epilepsy to receive education through the public schools and to protect them from discrimination.

The bill defines "emergency anti-seizure medication" as diazepam rectal gel and emergency medications approved by the Federal Drug Administration (FDA) for patients with epilepsy for the management of seizures by persons without certain specified  medical credentials.  SB 161 also defines "emergency medical assistance" as the administration of an emergency anti-seizure medication to a student suffering from an epileptic seizure.

Many disability advocacy individuals and groups strongly supported SB 161 and applauded the Governor's approval of the measure. They contend that the legislation that would authorize schools to train non-medical school employees who volunteer to administer the emergency medication called Diastat, saying that the medication is a safe and effective drug and that the lives of many children with epilepsy will be saved from death or serious injury

Opponents of the bill - including the unions representing school nurses, teachers and classified school employees, claim that Diastat is a dangerous medication, and that school employees could face legal liability if something went wrong, saying that school boards generally do not cover punitive damages.

Governor Acts On Several Bills Dealing With Voter Registration and Elections

The Governor also took action on several bills dealing with elections and voter registration, including one, SB 397 by Sen. Leland Yee (Democrat - San Francisco) that would authorize online voter registration if certain conditions are met.

The Governor also signed into law SB 202, fiercely opposed by Legislative Republicans, dealing with Election Ballot Measures by Sen. Loni Hancock (Democrat - Berkeley, 9th State Senate District). The bill requires that all initiatives or referendum measures that are certified for the ballot on or after July 1, 2011 will be placed on the ballot only at a November statewide general election - when more voters vote - especially those registered as Democrat - or at a statewide special election.

SB 202 also requires the California Secretary of State to submit ACA 4 to voters at the November 4, 2014 statewide general election. instead of the 2012 statewide presidential primary election.  ACA 4 was passed as part of the 2010-2011 State Budget in October 2010 after a long budget stand-off with Legislative Democrats, Republicans and then Governor Schwarzenegger. It  is the State constitutional amendment that would increase the State budget reserve fund - known also as the "rainy day fund" and increases State spending to pay off previous State budget borrowing and debt and infrastructure projects.

Legislative Republicans strongly opposed SB 202, saying it was reneging on promises made by Legislative Democrats as part of the 2010-2011 State Budget deal.

Legislative Democrats countered that the State's economy has worsened - and that a delay in putting the amendment before voters is reasonable as opposed to making even more budget reductions in order to increase the "rainy day fund" and pay off other obligations.

The Governor also vetoed the following bills today (October 7th) dealing with elections and voter registration:

• AB 65 - Elections: Statewide Ballot Pamphlet by Assemblymember Mike Gatto (Democrat - Burbank, 43rd Assembly District)
• SB 199 - Elections: Vote By Mail Ballots by Sen. Lou Correa (Democrat - Santa Ana, 34th State Senate District)
• SB 205 - Voter Registration: Paid Registration Activities by Sen. Lou Correa (Democrat - Santa Ana, 34th State Senate District)
• SB 334 - Elections: Statewide Ballot Pamphlet by Sen. Mark DeSaulnier (Democrat - Concord, 7th State Senate District)

Governor Takes Action Today On Several Workers Compensation Bills

Among the bills the Governor signed today (October 7th) included several bills dealing with workers compensation.  The issue of workers compensation generally is not viewed by policy makers - or by disability advocates as a disability issue - such as funding and policy issues dealing with In-Home Supportive Services, Medi-Cal, mental health or regional center services - but persons in the workers compensation system face temporary , long term or permanent disabilities or mental needs as significant to them (and their families) as to those in health and human services programs.

The following worker compensation related bills were SIGNED today by the Governor:

• AB 335 - Workers' Compensation Notices by Assemblymember Jose Solorio (Democrat - Santa Ana)
• AB 378 - Workers' Compensation: Pharmacy Products by Assemblymember Jose Solorio (Democrat - Santa Ana)
• AB 397 - Workers' Compensation Insurance: Contractors by Assemblymember Bill Monning (Democrat - Santa Cruz)
• AB 585 - Workers' Compensation: Cancer Presumption by Assemblymember Paul Fong (Democrat - Mountain View)
• AB 1168 - Workers' Compensation: Vocational Expert Fee Schedule by Assemblymember Richard Pan (Democrat - Sacramento)
• AB 1426 - Workers' Compensation: Court Administrator by Assemblymember Jose Solorio (Democrat - Santa Ana)
• SB 457 - Workers' Compensation: Liens by Sen. Ronald Calderon (Democrat - Montebello)
• SB 684 - Workers' Compensation Insurance: Dispute Resolution  - Arbitration Clauses by Sen. Ellen Corbett (Democrat - San Leandro)
• SB 826 - Workers' Compensation: Data Reporting Requirement - Administrative Penalties by Sen. Mark Leno (Democrat - San Francisco)

The Governor also announced today he VETOED the following workers' compensation bills:

• AB 211 - Workers' Compensation: Permanent Disability Benefits by Assemblymember Gil Cedillo (Democrat - Los Angeles)
• AB 584 - Workers' Compensation: Utilization Review by Assemblymember Paul Fong (Democrat - Mountain View)
• AB 947 - Workers' Compensation: Temporary Disability Payments by Assemblymember Jose Solorio (Democrat - Santa Ana)
• AB 1155 - Workers' Compensation:  Percentage of Disability by Physician by Assemblymember Luis Alejo (Democrat - Salinas)

CDCAN SUMMARY OF  SOME BILLS SIGNED BY GOVERNOR TODAY

The following is a CDCAN summary of those bills having direct impact on people with disabilities, mental health needs, the blind, seniors, and/or their families:

SB 161 - EPILEPSY -  EMERGENCY MEDICAL ASSISTANCE  IN SCHOOLS FOR THE ADMINISTRATION OF ANTI-SEIZURE MEDICATION

AUTHOR: State Sen. Bob Huff (Republican - Diamond Bar, 29th State Senate District)
CDCAN SUMMARY:

• Authorizes until January 1, 2017, a school district, county office of education, or charter school to participate in a program to provide nonmedical school employees with voluntary emergency medical training to provide, in the absence of a credentialed school nurse or other licensed nurse onsite at the school or charter school, emergency medical assistance to pupils with epilepsy suffering from seizures, in accordance with guidelines developed by the (California) Department of Education in consultation with the Department of Public Health.
• Would require the California Department of Education to post these guidelines on its Internet Web site by July 1, 2012.
• Would allow a parent or guardian of a student with epilepsy who has been prescribed an emergency antiseizure medication by the student's health care provider, to request the student's school to have one or more of its employees receive voluntary training, as specified in this bill, in order to administer the emergency antiseizure medication, in the event that the pupil suffers a seizure when a nurse is not available.
• Would require a school district, county office of education, or charter school that elects to train school employees to ensure that the school or charter school distributes an electronic notice to all staff regarding the request.
• Would authorize the California Department of Education to include, on its Internet Web site, a clearinghouse of best practices in training nonmedical personnel in administering an emergency antiseizure medication under the provisions of this bill.

COPY OF BILL (AS APPROVED BY GOVERNOR) - HTML VERSION:  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0151-0200/sb_161_bill_20110906_enrolled.html
COPY OF 16 PAGE BILL (AS APPROVED BY GOVERNOR) - PDF VERSION:  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0151-0200/sb_161_bill_20110906_enrolled.pdf
PREVIOUS ACTION 09/09/2011: Sent to Governor.
LATEST ACTION 10/07/2011: SIGNED by Governor.
NEXT STEPS: Legislation goes into effect January 1, 2012 that actual dates when certain provisions in the bill take effect could be later, depending on what the bill allows.  The bill sunsets - meaning the provisions go out of effect - on January 1, 2017, unless it is extended by another bill.
ASSEMBLY & STATE SENATE FINAL VOTE: The bill passed the Assembly on August 30th by vote of 46 to 21 and the State Senate on September 1 by a vote of 35 to 4.  
CDCAN COMMENT:  Huff authored similar legislation to SB 161 during the 2009-2010 Legislation Session that died in Senate Appropriations Committee.  
PRIORITY: VERY HIGH

SB 397 - ONLINE VOTER REGISTRATION

AUTHOR: Sen. Leland Yee (Democrat - San Francisco, 8th State Senate District)
CDCAN SUMMARY:

Would permit online voter registration in California to begin,on the date that either of the following occurs:

• (A)  The California Secretary of State certifies that California has a statewide voter registration database that complies with the requirements of the federal "Help America Vote Act" (HAVA);  OR
• (B)  The California Secretary of State releases a declaration stating that the following conditions have occurred:
  • The United States Elections Assistance Commission has approved the use of "Help America Vote Act" (HAVA) funding to provide online voter registration in advance of  the actual implementation of the statewide voter registration database, or other federal funding is available and approved for the same purpose; AND
  • The Department of Motor Vehicles (DMV) and the California Secretary of State have developed a process and the infrastructure necessary to transfer the electronic copy of a person's signature from the Department of Motor Vehicles to the California Secretary of State and to county election management systems; AND
  • All county election management systems have been modified to receive and store electronic voter registration information received from the California Secretary of State in order to allow a person to register to vote under this bill.

PREVIOUS ACTION 09/09/2011: Sent to Governor.
LATEST ACTION 10/07/2011: SIGNED by Governor
COPY OF BILL (AS APPROVED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0351-0400/sb_397_bill_20110906_enrolled.html
COPY OF 8 PAGE BILL (AS APPROVED BY GOVERNOR) - PDF:  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0351-0400/sb_397_bill_20110906_enrolled.pdf
ASSEMBLY & STATE SENATE FINAL VOTE: The bill passed the Assembly on September 1st by vote of 50 to 27 and the State Senate on September 2 nd by vote of 23 to 13.
CDCAN COMMENT: This bill - depending on how it is implemented - could have major impact on voter registration for persons with disabilities, mental health needs, seniors, their families and others, by making voter registration easier and more accessible.  There could be potential problems too - which is why advocacy by individuals and groups will be important in making sure this legislation is implemented in a way that protects and promotes people's voting rights.   
PRIORITY: VERY HIGH

AB 221 - THE HOUSING AND EMERGENCY SHELTER TRUST FUND ACTS OF 2002 and 2006: ALLOWING FUNDS TO BE USED ALSO FOR SUPPORTIVE HOUSING PROGRAM FOR PEOPLE WITH DISABILITIES

AUTHOR:  Assemblymember Wilmer Amina Carter (Democrat - Rialto, 62nd Assembly District)  
CDCAN SUMMARY:
Allows the Department of Housing and Community Development to use Proposition 46 and Proposition 1C bond funds earmarked for the Emergency Housing Assistance Program (EHAP) for either that program and also for the Supportive Housing Program.
PREVIOUS ACTION 09/21/2011: Sent to Governor.
LATEST ACTION 10/07/2011: SIGNED by Governor
NEXT STEPS: Bill takes effect January 1, 2012 - though specific provisions in the bill have specific later dates.
COPY OF BILL (AS APPROVED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0201-0250/ab_221_bill_20110919_enrolled.html
COPY OF 16 PAGE BILL (AS APPROVED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0201-0250/ab_221_bill_20110919_enrolled.pdf
ASSEMBLY & STATE SENATE FINAL VOTES: Bill passed Assembly on May 31st by vote of 79 to 0, and passed the State Senate on September 9th by vote of 40 to 0.  
CDCAN COMMENT:
As mentioned in the bill's summary, AB 221 allows the Department of Housing and Community Development to use Proposition 46 and 1C funds earmarked for the Emergency Housing Assistance Program (EHAP) for either that program OR for the Supportive Housing Program, that also was funded by those two propositions.
In 2002, voters approved Proposition 46,  the Housing and Emergency Shelter Trust Fund Act of 2002 which authorized $2.1 billion in general obligation bonds to pay for various affordable housing programs - nearly all administered under the Department of Housing and Community Development with funding allocated as follows (among other things):

• $910 million for the Multifamily Housing Program (MHP), which funds the new construction, rehabilitation, and preservation of permanent and transitional rental homes for lower income households, through loans to local governments and developers.
• $195 million for the Supportive Housing Program, a subprogram of the Multifamily Housing Program (MHP) which funds rental homes with support services for persons with disabilities and who are homeless or at imminent risk of becoming homeless.
• $195 million for the Emergency Housing Assistance Program (EHAP), which provides grants for the rehabilitation, renovation, expansion, and site acquisition of emergency shelters and transitional homes for homeless individuals.
• In November 2006, voters also approved Proposition 1C, the $2.85 billion "Housing and Emergency Shelter Trust Fund Act of 2006" that among other things included funds for the following programs:
  • $345 million for the Mulifamily Housing Program (MHP)
  • $195 million for the Supportive Housing Program
  • $50 million for the Emergency Housing Assistance Program (EHAP)

PRIORITY: VERY HIGH

AB 862 - DEVELOPMENTAL SERVICES: REGIONAL CENTERS WEBSITE INFORMATION

AUTHOR: Assemblymember Jim Silva (Republican - Huntington Beach, 67th Assembly District)
CDCAN SUMMARY:

• Would require in the contracts with regional centers with the Department of Developmental Services a requirement that each regional center adopt, maintain, and post on its Internet Web site a regional center board-approved policy regarding transparency and access to public information.
• Would require that this transparency and public information policy shall provide for timely public access to information, including, but not limited to, information regarding requests for proposals and contract awards, service provider rates, documentation related to establishment of negotiated rates, audits, and IRS Form 990. The transparency and public information policy shall be in compliance with applicable law relating to the confidentiality of consumer service information and records, including, but not limited to, Section 4514.
• Would require that to promote transparency, each regional center shall include on its Internet Web site, as fast as possible, at least all of the following: (1) Regional center annual independent audits; (2) Biannual fiscal audits conducted by the department; (3) Regional center annual reports pursuant to Section 4639.5; (4) Contract awards, including the organization or entity awarded the contract, and the amount and purpose of the award;  (5) Actual rates paid to each vendor, updated annually, except consumers or family members; (6) Any regional center purchase of services or operations funds provided to a nonprofit housing organization outside the request for proposals process; (7) Purchase of service policies; (8) The names, types of service, and business contact information of all vendors, except consumers or family members of consumers; (9) Board meeting agendas and approved minutes of open meetings of the board and all committees of the board; (10) Bylaws of the regional center governing board; (11) The annual performance contract and yearend performance contract entered into with the department pursuant to this division; (12) The biannual Home and Community-based Services Waiver program reviews conducted by the department and the State Department of Health Care Services; (13) The board-approved transparency and public information policy; (14) The board-approved conflict-of-interest policy; (15) Completed conflict-of-interest statements pursuant to subdivision (e) of Section 4626; (16) Reports required pursuant to Section 4639.5.
• Would require that the Department of Developmental Services shall establish and maintain a transparency portal on its Internet Web site that allows consumers, families,advocates, and others to access provider and regional center
• information. Posted information on the department's Internet Web site transparency portal shall include, but need not be limited to, all of the following:  (1) A link to each regional center's Internet Web site information referenced in this bill; (2) Biannual fiscal audits conducted by the department;  (3) Vendor audits; (4) Biannual Home and Community-based Services Waiver program reviews conducted by the department and the Department of Health Care Services; (5) Biannual targeted case management program and federal nursing home reform program reviews conducted by the department; (6) Early Start Program reviews conducted by the department; (7) Annual performance contract and yearend performance contract reports.

PREVIOUS ACTION 09/19/2011: Sent to Governor.
LATEST ACTION 10/07/2011: VETOED by Governor  
GOVERNOR'S VETO MESSAGE:

October 7, 2011

To the Members of the California State Assembly:

I am returning Assembly Bill 862 without my signature.

Among its provisions, the bill would require conflict-of-interest statements to be posted on regional center Web sites pursuant to a regulation that the Department of Developmental Services must develop and issue.

The Department is still in the process of developing this regulation, which will identify who must file such statements.  It would be appropriate to wait until the regulation is complete, before enacting related requirements by statute.

Sincerely,
(Signed)
Edmund G. Brown, Jr.

COPY OF BILL (AS VETOED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0851-0900/ab_862_bill_20110912_enrolled.html
COPY OF 8 PAGE BILL (AS VETOED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0851-0900/ab_862_bill_20110912_enrolled.pdf
NEXT STEPS: The bill could - in theory - be taken up for a vote to override the Governor's veto when the Legislature returns to the State Capitol in January 2012.  While in theory a vote to override the Governor's is possible, it is very highly unlikely, even with the lop-sided vote by both houses to pass the bill.      
ASSEMBLY & STATE SENATE FINAL VOTES: Bill passed the State Senate on August 31 by vote of 33 to 0 and by the Assembly on September 6th by vote of 77 to 0.  
CDCAN COMMENT:  No Governor has had their vetoes successfully overridden in over 30 years - the last one during Governor Brown's second term in office in the mid-1970's.  This bill is essentially "dead". A new bill containing the same provisions could be introduced again during the 2012 Legislative Session.

AB 922 - DEPT OF MANAGED HEALTH CARE & OFFICE OF PATIENT RIGHTS ADVOCATE

AUTHOR: Assemblymember Bill Monning (Democrat -  Santa Cruz, 27th Assembly District)
CDCAN SUMMARY:

• Requires the transfer of the Department of Managed Health Care (DMHC) from the Business, Transportation and Housing Agency (BT&H) to the California Health and Human Services Agency (CHHSA).
• Requires the transfer of the Office of the Patient Advocate (OPA) from the Department of Managed Health Care to the California Health and Human Services Agency effective July 1, 2012, and requires existing Office of the Patient Advocate duties to apply to health insurers regulated by the Department of Insurance (DOI) and their insureds (in addition to Department of Managed Health Care regulated health plans).
• Assigns new duties to the Office of the Patient Advocate related to assisting consumers obtain public and private health care coverage and navigate public and private coverage consistent with requirements under the federal Patient Protection and Affordable Care Act (PPACA), sometimes referred to as the "Health Care Reform Act" or "Obamacare".
• Delays the operative date of provisions impacting people who are covered by California Department of Insurance regulated health insurers, and individuals who receive or are eligible for health coverage under the Medi-Cal (Medicaid) program, the Health Exchange, the Healthy Families Program (funded with federal State Children Health Insurance Program money), or any other county or state health care program until January 1, 2013.
• Requires that for the period between July 1, 2012, and January 1, 2013, the Office of the Patient Advocate will continue with any duties, responsibilities or activities in place as of July 1, 2011,regarding those persons.

PREVIOUS ACTION 09/20/2011: Sent to Governor.
LATEST ACTION 10/07/2011: SIGNED by Governor
COPY OF BILL (AS APPROVED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0901-0950/ab_922_bill_20110916_enrolled.html
COPY OF 16 PAGE BILL (AS APPROVED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0901-0950/ab_922_bill_20110916_enrolled.pdf
ASSEMBLY & STATE SENATE FINAL VOTE: Passed by State Senate on September 7 by vote of 21 to 11 and on September 7th by Assembly by vote of 51 to 28.  
CDCAN COMMENT:  This bill - especially the movement of the Office of the Patient Advocate from under the Department of Managed Health Care to the California Health and Human Services Agency (the agency that oversees all the health and human services departments) and its new responsibilities toward consumers - including those that receive could have significant impact on people with disabilities, mental health needs, the blind, seniors and their families.
PRIORITY: VERY HIGH