CDCAN REPORT #178-2011: Governor completes action on 135 bills, signs 108 and vetoes 27

GOVERNOR COMPLETES ACTIONS ON 135 BILLS SUNDAY NIGHT - SIGNS 108 BILLS AND VETOES 27 - TAKES ACTION ON SEVERAL KEY HEALTH RELATED BILLS

Governor's Office Sends Out Final Report on 33 Bills Just After 1:00 AM Monday Morning - Governor Issues New Executive Order  For All Departments Under His Authority To Post Contract Information on Department of General Services Website to Increase Accountability

SACRAMENTO, CA (CDCAN)  [Last updated 10/10/2011 05:05 AM] - Governor Jerry Brown completed taking action on the remaining bills on his desk Sunday evening, signing a total of 108 bills and vetoing 27 (for a total of 135 bills) by the 11:59 PM State Constitutional deadline.  While most of the actions by the Governor on those 135 bills were released Sunday afternoon or early Sunday evening - the final actions on 33 bills weren't released by his office until just after 1:00 AM.

The Governor previously took action on hundreds of bills during the past several weeks that the Legislature passed and sent to his desk before they adjourned for the year on September 9th.  The California Constitution gives the governor 30 days from the date the Legislature adjourns for the year, to consider approving, vetoing or allowing to become law without his signature hundreds of bills that are passed before adjournment.

As previously reported by CDCAN at 1:00 PM Sunday afternoon, the Governor signed into law several important or closely watched pieces of legislation impacting people with disabilities, mental health needs, the blind, seniors, their families and community organizations, facilities and individual workers who provide supports and services including:

• SB 51 by Sen. Elaine Alquist (Democrat - Santa Clara, 13th State Senate District) that would establish a Medical Loss Ratio requirement in State law as part of the implementation in California of the federal health care reform act
• SB 866 by Sen. Ed Hernandez (Democrat - Los Angeles, 24th State Senate District) that 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
• SB 946 by Senate President Pro Tem Darrell Steinberg (Democrat - Sacramento, 6th District) known as the "autism health insurance mandate reform bill"
• SB 930 by Sen. Noreen Evans (Democrat - Santa Rosa, 2nd State Senate District) that repeals fingerprinting requirements for In-Home Supportive Services (IHSS) recipients and the prohibition of use of post office box addresses for IHSS workers to receive their paychecks

The Governor also signed other bills dealing with implementation pieces of the federal health care reform act, mental health services for transition-age foster youth, changes in defining "undue hardship" for eligibility for Medi-Cal long term care benefits for persons in same-sex marriages or registered domestic partnerships - and also dozens of bills covering a wide range of issues, including public safety, outside of health [CDCAN will provide a complete report on ALL bills the Governor signed later today and tomorrow]

Governor Releases Executive Order On Posting of State Contracts On Dept of General Services Website

The Governor also released an Executive Order, B-12-11, that directs every department under his direct authority "...shall provide as much information as possible on their contracts [for goods and services] through the [Department of General Services] eProcurement website."  It is not clear what immediate - or even long term impact the Governor's order - which takes effect immediately - will have given the exceptions made in his Executive Order

The link to a copy of the Governor's Executive Order: http://www.gov.ca.gov/news.php?id=17274

CDCAN SUMMARY OF HEALTH RELATED BILLS

• This is the CDCAN summary of health related bills that Governor Brown took action on Sunday, October 9th - including any health related bill (there were 2) that his office reported on just after 1:00 AM Monday morning. Separate reports covering other subject areas will be released later today (October 10th).
• Due to space (and the time to write everything out), in some cases only the bill title and action on it by the Governor is listed, because the legislation did not have major or direct impact on people with disabilities, mental health needs, the blind, seniors or their families or to community organizations, facilities and workers who provide supports and services.
• The bills are listed by subject within the Health topic.

[CDCAN Note: The text of the Governor's signing messages or veto messages are re-produced below - with a link to the actual documents.  I typed out the text - while time consuming - because the signing or veto message documents released by the Governor's office were saved as pdf images - like a picture - which cannot be read by a person who is blind or sight impaired using a screen reading device.  So that they can have the benefit of that information, I typed out those veto and signing message. Hopefully the Governor's office will produce and save those veto and signing message documents as pdf document files instead of pdf image files (Governor Schwarzenegger's office routinely provided those documents as pdf document files - Marty Omoto, CDCAN]

HEALTH CARE REFORM ACT RELATED BILLS

AB 1296 - HEALTH CARE ELIGIBILITY, ENROLLMENT & RETENTION ACT

AUTHOR: Assemblymember Susan Bonilla (Democrat - Martinez, 11th Assembly District)
CDCAN SUMMARY:

• Enacts the "Health Care Eligibility Reform, Enrollment, and Retention Planning Act" and requires, the California Health and Human Services Agency, in consultation with the Department of Health Care Services, Managed Risk Medical Insurance Board, the California Health Benefit Exchange, the California Office of Systems Integration, counties, health care services plans, consumer advocates, and other stakeholders to undertake a planning and development process regarding the federal Patient Protections and Affordable Care Act (PPACA) (also known as the health care reform act), including regulations or guidance related to eligibility, enrollment, and retention in state health subsidy programs.
• Specifies the duties of the California Health and Human Services Agency and the Department of Health Care Services under this act, and would require the agency to provide specified information to the Legislature by July 1, 2012, regarding policy changes needed to implement the bill.
• The application development requirements of the bill would otherwise be operative January 1, 2014, except as specified

ASSEMBLY & STATE SENATE FINAL VOTES:

• Assembly Final Vote 09/08/2011:  Passed Assembly vote of 53 to 26.
• State Senate Final Vote 09/07/2011:  Passed State Senate by vote of 23 to 14.

PREVIOUS ACTION 09/22/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML:  http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1251-1300/ab_1296_bill_20110920_enrolled.html
COPY OF BILL (AS SIGNED BY GOVERNOR) - PDF:  http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1251-1300/ab_1296_bill_20110920_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU: The roll-out of the federal health care reform act will have a sweeping and significant impact on delivery and quality of health care especially to people with disabilities, mental health needs, the blind, seniors, their families and support workers.
CDCAN COMMENT:  Given the significant special needs - and impact of on-going budget reductions in health services and supports, it is critical that advocates for all those groups have a voice and visibility with the state agencies responsible for implementation, especially as more and more thousands of people with disabilities, mental health needs, the blind, and seniors are moved into managed care health plans.
PRIORITY: VERY HIGH.

SB 51 - HEALTH CARE COVERAGE - MEDICAL LOSS RATIO REQUIREMENT

AUTHOR: Sen. Elaine Alquist (Democrat - Santa Clara, 13th State Senate District)
CDCAN SUMMARY:

• Establishes in California law the necessary enforcement authority to implement provisions of the federal Patient Protection and Affordable Care Act (known as the health care reform act) regarding Medical Loss Ratio (MLR) requirements on health plans and health insurers and prohibitions on annual and lifetime benefits.
• Requires, to the extent required by federal law, every health plan and health insurer that issues, sells,  renews, or offers contracts or policies for health care coverage to comply with the annual and lifetime benefit requirements of the health care reform act and any rules or regulations issues under that section, in addition to any state laws or regulations that do not prevent the application of  those requirements.
• Requires every health plan and health insurer that issues, sells, renews, or offers health plan contracts or policies for health care coverage, including a grandfathered health plan or insurer, but not including specialized health plan contracts or policies, to provide an annual rebate to each enrollee under such coverage if certain conditions exist, relating to the following Medical Loss Ratios:  85% for a health plan or health insurer in the large group market; or 80% for a health plan or health insurer in the small group or individual market.
• Would exclude from specified provisions of this bill specialized health plan contracts or policies that are issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program
• Provides that nothing in this bill's Health and Safety Code provisions relating to Medical Loss Ratio be construed to apply to provisions of the Knox Keene Health Care Service Plan Act of 1975 pertaining to financial statements, assets, liabilities, and other accounting items, as specified.
• Requires that this bill to only be implemented to the extent required by federal law and to comply with, and not exceed, the scope of definitions in the federal Public Health Services Act and the Medical Loss Ratio requirements of the federal health care reform act, and any rules or regulations issued under that section

ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/09/2011:  Passed State Senate by vote of 25 to 14.
• Assembly - Final Passage Vote 09/09/2011: Passed Assembly by vote of 53 to 26

PREVIOUS ACTION 09/16/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) HTML:  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_51_bill_20110913_enrolled.html
COPY OF 16 PAGE BILL (AS SIGNED BY GOVERNOR) PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_51_bill_20110913_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU:  As the federal health reform act rolls out in the coming years, efforts toward accountability and oversight will play a critical piece in the delivery of healthcare to people and reducing unnecessary costs in all areas including administration of those health plans and health insurance. That could be very significant and crucial in improved healthcare for tens of thousands of people with disabilities - including those with autism spectrum and related disorders, people with mental health needs, the blind and seniors, and support workers not in the Medi-Cal program but covered by health insurance or health plans.        .  
CDCAN COMMENT:  The "Medical Loss Ratio" or MLR is the term the health care industry uses to refer to the amount of money that a health plan or health  insurer spends on medical care versus administrative expenses and profit or a minimum loss ratio.  Currently, California law does not mandate a specific Medical Loss Ratio requirements that a health plan or health insurer must meet, with the exception of individual health insurance policies
PRIORITY: VERY HIGH

HEALTH INSURANCE & HEALTH PLANS

SB 866 - HEALTH CARE COVERAGE: PRESCRIPTION DRUGS

AUTHOR: Sen. Ed Hernandez (Democrat - Los Angeles, 24th State Senate District)
CDCAN 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.
• Requires that on and after January 1, 2013, or 6 months after the form is developed, whichever is later, that every prescribing provider, as defined in the bill, when requesting prior authorization for prescription drug benefits, to submit the prior authorization form to the health care service plan or health insurer.
• Defines "prescribing provider" to include a provider authorized to write prescriptions to treat a medical condition of an enrollee
• Would require those plans and insurers to utilize and accept those prior authorization forms for prescription drug benefits.
• Would deem authorization granted if a health plan or health insurer fails to utilize or accept the completed prior authorization form (PA form), or fails to respond within  two business days upon receipt of a request from a  prescribing provider.
• Exempts health plan contracts and insurance policies for enrolled Medi-Cal recipients.

ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/09/2011:  Passed State Senate by vote of 28 to 11.
• Assembly - Final Passage Vote 09/08/2011: Passed Assembly 57 to 21.

PREVIOUS ACTION 09/16/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0851-0900/sb_866_bill_20110913_enrolled.html
COPY OF BILL (AS SIGNED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0851-0900/sb_866_bill_20110913_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU:  While the provisions of the bill exempts health plan contracts and insurance policies for enrolled Medi-Cal recipients, it does cover tens of thousands of people with disabilities - including those with autism spectrum and related developmental disorders - people with mental health needs, the blind and seniors and their families, and support workers not covered by Medi-Cal who could benefit from this bill by removing some barriers that cause delay in obtaining needed medications.
CDCAN COMMENT:

• "Prior authorization" is a common method to contain costs and control use of services and medications (called "utilization") used by health plans, insurers, and some State and federal programs (including Medi-Cal).and has been shown to be effective in controlling prescription drug costs - but concerns have been raised about the unnecessary delays caused by different forms each health plan and health insurance uses and that results in delays in obtaining medications for the people who need them.
• Medications that commonly require prior authorization  include brand name medications that have a generic version available; expensive medications; drugs not usually covered by the insurance company but deemed medically necessary by the doctor; drugs usually covered but prescribed at a higher dosage; drugs used for cosmetic purposes; and drugs prescribed to treat a non-life threatening condition of the enrollee.
• The practice of prior authorization, also called prior approval or  preauthorization, requires (in this instance of prescription drugs) a prescriber to obtain permission from the health plan or insurer to prescribe a medication before prescribing it.
• Currently, health plans and health insurance routinely require doctors to fill out prior authorization forms when the provider prescribes a medicine or treatment not covered by the plan or insurer's formulary (list of drugs the plan or insurer offers).
• Each insurer or health plan has their own forms and in some cases, multiple forms (depending on the drug requested).  This legislation is meant to simplify and remove unnecessary delays in obtaining prescribed medications for people covered by the health plans or health insurance.

PRIORITY: VERY HIGH

SB 946 - AUTISM HEALTH INSURANCE MANDATE REFORM

AUTHOR: Senate President Pro Tem Darrell Steinberg (Democrat - Sacramento, 6th State Senate District)
CDCAN SUMMARY:

• Would require private health care service plans and health insurers to provide coverage for behavioral health treatment for pervasive developmental disorder or autism (PDD/A) from July 1, 2012, through July 1, 2014, with implementation that is consistent with existing state mental health parity law.
• Would provide that as of the date that proposed final rulemaking for essential health benefits is issued under the federal Patient Protection and Affordable Care Act (PPACA), the provisions in this bill would not require any benefits to be provided that exceed the essential health benefits, which all health plans and insurers would be required  to offer. If the federal rules are defined prior to July 1, 2014, then the provisions in this bill would sunset (end or be repealed) prior to that date. Additionally, these provisions in this bill may effectively sunset  earlier than July 1, 2014, since the Patient Protection Affordable Care Act essential health  benefits law would go into effect January 1, 2014.
• Would define "behavioral health treatment" as  professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that are provided by licensed, unlicensed, or uncertified providers, as specified in the bill
• Would require the Department of Managed Health Care (DMHC) to establish the Autism Advisory Task Force and to submit a report to the Governor and the Legislature by December 31, 2012.
• Provisions of this bill would not apply to specialized health care service plans or insurance policies that do not deliver mental or behavioral health services and health plans or insurers that contract with the state's Medi-Cal (Medicaid) Program (Medi-Cal), Healthy Families Program (Healthy Families), and the California Public Employees' Retirement System (CalPERS).

ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/09/2011: Passed State Senate by vote of 25 to 4.
• Assembly - Final Passage Vote 09/09/2011: Passed Assembly by vote of 52 to 21.

PREVIOUS ACTION 09/16/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SENT TO GOVERNOR) - HTML:  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_946_bill_20110914_enrolled.html
COPY OF 32 PAGE BILL (AS SENT TO GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_946_bill_20110914_enrolled.pdf
COPY OF GOVERNOR'S SIGNING MESSAGE: http://gov.ca.gov/docs/SB_946_Signing_Message.pdf
TEXT OF GOVERNOR'S SIGNING MESSAGE:

October 9, 2011

To the Members of the California State Senate:

I am signing Senate Bill 946.  It requires health plans and insurers to provide behavioral health treatments for individuals with autism and pervasive developmental disorder.  The new law is effective as of July 1, 2012, and expire July 1, 2014.

While this bill provides relief for families of autistic children and some clarity for health plans, insurers and providers, there are remaining questions about effectiveness, duration and the cost of the covered treatments that must be sorted out.

Under national health care reform, the federal government will establish "essential health benefits."  If the coverage established by this bill is not included as an essential benefit, the mandate of Senate Bill 946 will automatically expire.

The Institute of Medicine said in its recent report that the top priority in defining the essential health benefits is finding the right balance between making coverage available for people to get the care they need and doing so at a cost we can all afford.  The report also emphasized the need to distinguish services and treatments that are medical from those that are not.

There is still much work to be done.

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

WHY THIS BILL SHOULD BE IMPORTANT TO YOU:  Impacts thousands of families with children with autism spectrum and related disorders who need access to behavioral intervention treatments for their children.  Also impacts State general fund spending for those services in the budgets of the Department of Developmental Services (through the 21 non-profit regional centers) and also school districts.   
CDCAN COMMENT:

• The bill was strongly supported by nearly every major statewide and national autism advocacy organizations, families and a wide range of disability advocacy groups (including CDCAN) who argued that behavioral intervention treatments are medical or health services that should be covered by health plans and health insurance as other treatments and services are and that denying such coverage harms their children at a crucial stage of lives - and is outright discrimination due to their disability.
• It was strongly opposed by private health insurance groups who argued that the bill would raise premiums for everyone in their plans - and also that behavioral treatments should remain the responsibility of schools and the State funded programs for people with developmental disabilities coordinated through the 21 non-profit regional centers.   Some opposed the bill because it exempted persons who are covered under the Medi-Cal, Healthy Families programs and also those under the state retirement programs (California Public Employees Retirement System or CALPERS).
• However none of those persons covered under those programs would lose any existing services or nullify any settlements reached under those programs since the bill expressly states that its provisions does not cover those persons in those programs.

PRIORITY: VERY HIGH

HEALTH FACILITIES

SB 408 - HEALTH FACILITIES LICENSURE

AUTHOR: Sen. Ed Hernandez (Democrat - Los Angeles, 24th State Senate District)
LATEST ACTION 10/09/2011: VETOED by Governor.
TEXT OF GOVERNOR'S VETO MESSAGE:

October 9, 2011

To the Members of the California State Senate:

I am returning Senate Bill 408 without my signature.

This bill requires hospitals and other health facilities to file a new license application with the state not only when there is a bona fide change of ownership, but when far less important changes occur.

New license applications can be several hundreds of pages long and are very costly for the hospitals as well as government.  This bill would require new license applications for routine business transactions that do not require such scrutiny.

My administration will work with interested parties to find a better balance for state oversight of health facility ownership transactions.

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

GOVERNOR'S VETO MESSAGE:- PDF IMAGE:  http://gov.ca.gov/docs/SB_408_Veto_Message.pdf

SB 850 - MEDICAL RECORDS: CONFIDENTIAL INFORMATION

AUTHOR: Sen. Mark Leno (Democrat - San Francisco, 3rd State Senate District)
CDCAN SUMMARY:

• Revises existing State law by defining that the destruction of medical records means the destruction of "medical information" rather than "medical records," so that both physical and electronic records are protected.  
• Requires an electronic health or medical record system to automatically record and preserve any change or deletion of
• electronically stored medical information, and would require the record to include, among other things, the identity of the person who accessed and changed the medical information and the change that was made to the medical information
• Provides that a patient's right to access or receive a copy of his or her electronic medical records  upon request shall be consistent with current applicable state and federal laws governing patient access to, and the use and disclosures of, medical information.

ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/08/2011:  Passed State Senate by vote of 24 to 14.
• Assembly - Final Passage Vote 09/07/2011: Passed Assembly 58 to 18.

PREVIOUS ACTION 09/14/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0801-0850/sb_850_bill_20110912_enrolled.html
COPY OF 4 PAGE BILL (AS SIGNED BY GOVERNOR) - PDF:  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0801-0850/sb_850_bill_20110912_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU:  Many people with disabilities, mental health needs, the blind, seniors have serious or significant health issues, including specific medications that could harm them or certain procedures or medications (in response to a health situation or condition) that were or can be helpful - and maintaining accurate medical records is critical.   
CDCAN COMMENT:  Though not the only cause of medical errors, the accuracy of a patient's medical records - including a complete record of treatment, medications used and prescribed -  and access to those complete records - is a major part of oversight, accountability that can play an important part in health and safety - and combating real fraud and abuses.
PRIORITY:  VERY HIGH

HEALTH - VARIOUS

AB 499 - MINORS - MEDICAL CARE CONSENT: PREVENTION OF SEXUALLY TRANSMITTED DISEASE

AUTHOR: Assemblymember Toni Atkins (Democrat - San Diego, 76th Assembly District)
LATEST ACTION 10/09/2011: SIGNED by Governor

AB 1329 - KEN MADDY CALIFORNIA CANCER REGISTRY

AUTHOR: Assemblymember Mike Davis (Democrat - Los Angeles, 48th Assembly District)
LATEST ACTION 10/09/2011: SIGNED by Governor.

AB 1382 - HIV COUNSELORS

AUTHOR: Assemblymember Roger Hernandez (Democrat - Baldwin Park, 57th Assembly District)
LATEST ACTION 10/09/2011: SIGNED by Governor.

SB 431 - PHARMACIES: REGULATION

AUTHOR: Sen. Bill Emmerson (Republican - Riverside, 37th State Senate District)
CDCAN SUMMARY:

• Requires a pharmacy, within 14 days, report certain  information and evidence about licensees related to chemical, mental, or physical impairment to the extent it affects his or her ability to practice and theft, diversion or self-use of dangerous drugs to the Board
• Clarifies existing State law that a nonresident pharmacy shall not permit a pharmacist whose license has been revoked by the Board to manufacture, compound, furnish, sell, dispense, or initiate the prescription of a dangerous drug or dangerous device, or to provide any pharmacy-related service, to a person residing in California

ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/09/2011:  Passed State Senate by vote of 40 to 0.
• Assembly - Final Passage Vote 09/09/2011: Passed Assembly by vote of  79 to 0.

PREVIOUS ACTION 09/16/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
NEXT STEPS: Becomes law January 1, 2011, though certain provisions in the bill could have later effective dates.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0401-0450/sb_431_bill_20110914_enrolled.html
COPY OF 8 PAGE BILL (AS SIGNED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0401-0450/sb_431_bill_20110914_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU:  Medication errors by pharmacies - and  also medication errors in hospitals and other health facilities - and steps to increase safety have major impact on people with disabilities, mental health needs, the blind, seniors and their families and workers with low incomes.
CDCAN COMMENT:  This bill was sponsored by the California Pharmacy Board.
PRIORITY: HIGH

SB 442 - HOSPITALS: INTERPRETERS

AUTHOR: Sen. Ronald Calderon (Democrat - Montebello, 30th State Senate District)
LATEST ACTION 10/09/2011: VETOED by Governor.
TEXT OF GOVERNOR'S VETO MESSAGE:

October 9, 2011

To the Members of the California State Senate:

I am returning Senate Bill 442 without my signature.

Inquiring into a patient's cultural, religious, or spiritual beliefs is good hospital practice, but not one that needs to be mandated by the state, nor applied only to non -English or limited English-speaking patients.

With basic requirements for language assistance already set in law, I believe specific improvements to hospital policies should be done at the local level where people deal with real problems based on direct experience.

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

COPY OF GOVERNOR'S VETO MESSAGE: - PDF IMAGE:  http://gov.ca.gov/docs/SB_442_Veto_Message.pdf

SB 791 - HEALTH CARE: MAMMOGRAMS

AUTHOR:  Sen. Joe Simitian (Democrat - Palo Alto - 11th State Senate District)
LATEST ACTION 10/09/2011: VETOED by Governor.
TEXT OF GOVERNOR'S VETO MESSAGE:

October 9, 2011

To the Members of the California State Senate:

While I wholeheartedly support everyone's right to information about their own health, the notice in this bill gave me pause.  I talked to many people, including doctors I respect, about the effects of the notice -- both its risks and benefits -- and struggled over the words.  Were they a path to greater knowledge or unnecessary anxiety?

My conclusion was this:  every patient needs health information they can uses.  For women, that likely includes information about breast density.  It advises that additional screening may be beneficial.  If the state must mandate a notice about breast density -- and I am not certain it should -- such a notice must be more carefully crafted, with words that educate more than they prescribe.

I am returning Senate Bill 791 without my signature.

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

COPY OF GOVERNOR'S VETO MESSAGE - PDF IMAGE: http://gov.ca.gov/docs/SB_791_Veto_Message.pdf

MEDI-CAL  (INCLUDING IHSS) RELATED BILLS

AB 641 - LONG TERM CARE FACILITIES & MEDI-CAL LONG TERM CARE ELIGIBILITY

AUTHOR:  Assemblymember Mike Feuer (Democrat - Los Angeles, 42nd Assembly District)
CDCAN SUMMARY:  Medi-Cal Long Term Care Eligibility:

• Require, in addition to existing undue hardship provisions, the Department of Health Care Services to consider, at initial application or upon redetermination for the Medi-Cal Long Term Care benefit, whether an undue hardship exists prior to finding a person ineligible for Medi-Cal.
• Provide that an undue hardship shall be found under the following conditions:
  • the Medi-Cal applicant has transferred ownership interest in the shared principal residence to his or her same-sex spouse or registered domestic partner;
  • The applicant has transferred ownership interest in assets other than the principal residence to his or her same-sex  spouse or registered domestic partner in an amount that does not exceed the community spouse resource allowance that would be available if the person was an opposite-sex spouse; or,
  • The applicant has transferred income or right to receive income to his or her same-sex spouse or registered domestic partner and the amount does not exceed the amount that would be allowed if the person was an opposite-sex spouse. 
• Require the Department of Health Care Services to seek federal approval, including by Medicaid state plan  amendment as needed, retroactive to January 1, 2012, and provide that the provisions in this bill related to eligibility to Medi-Cal Long Term Care are to be implemented only to the extent federal approval and federal financial participation is available and authorizes implementation by All-County Letter without the requirement of adopting regulations.
• Long Term Care Facilities:
• Eliminates the citation review conference process from the citation appeals process for long-term care   facilities, and allows fines to be levied from both state and federal agencies when an incident violates both state and federal laws.

ASSEMBLY & STATE SENATE FINAL VOTES:

• Assembly Final Vote 09/08/2011:  Passed Assembly vote of 53 to 25.
• State Senate Final Vote 09/07/2011:  Passed State Senate by vote of 24 to 14.

PREVIOUS ACTION 09/21/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0601-0650/ab_641_bill_20110919_enrolled.html
COPY OF BILL (AS SIGNED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0601-0650/ab_641_bill_20110919_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU: The provisions of the bill dealing with long term care facilities impacts long term care facilities - and the residents there and their families there. The provisions of the bill dealing with applying undue hardships regarding certain Medi-Cal long term care eligibility requirements for same-sex couples and domestic partners.
CDCAN COMMENT:

• Existing law requires the Department of Health Care Services - the state agency that oversees California's Medicaid program (called "Medi-Cal") to consider whether an undue hardship, as described, exists prior to finding that an applicant or recipient is subject to a period of ineligibility for medical assistance for home and facility care.  The Department of Health Care Services says that currently estate recovery is deferred for the lifetime of the surviving same-sex spouse or registered domestic partner.
• The existing Long-Term Care, Health, Safety, and Security Act of 1973 establishes an inspection and reporting system and a provisional licensing mechanism, administered by the  Department of Public Health, to ensure that long-term health care facilities, are in compliance with state statutes, regulations, and federal standards related to patient care and to take any necessary enforcement action as authorized under law.

PRIORITY: VERY HIGH

AB 1297 - MEDI-CAL: MENTAL HEALTH

AUTHOR: Assemblymember Wes Chesbro (Democrat - Eureka, 1st Assembly District)
CDCAN SUMMARY:  Speeds up, beginning on July 1, 2012, federal reimbursement to counties for their Medi-Cal specialty mental health claims by conforming  the procedures and timeframes required by the Department of Mental Health to federal Medicaid  requirements and the approved Medicaid state plan and waivers
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1251-1300/ab_1297_bill_20110920_enrolled.html
COPY OF BILL (AS SIGNED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1251-1300/ab_1297_bill_20110920_enrolled.pdf  
WHY THIS BILL MIGHT BE IMPORTANT TO YOU: Thousands depend on Medi-Cal funded community-based mental health services
CDCAN COMMENT:

• The bill seeks to eliminate unnecessary state-only Medi-Cal requirements in the provision of Medi-Cal specialty mental health services to ensure that the state accesses all available federal resources, particularly during difficult budget times at both the federal and state levels.
• The intention of the bill is to simplify the California's standards and guidelines for these   services, including federal reimbursement amounts and claims submission timelines, to ensure that they are consistent with  federal Medicaid requirements and California's approved Medicaid state plan and waivers.

PRIORITY: HIGH

SB 695 - MEDI-CAL: COUNTY JUVENILE DETENTION FACILITIES

AUTHOR: Sen. Loni Hancock (Democrat - Berkeley, 9th State Senate District)
CDCAN SUMMARY:  Authorizes, until January 1, 2014,  Medi-Cal benefits to be provided to a Medi-Cal eligible individual awaiting adjudication in a county juvenile detention facility if the county agrees to pay the state's share of Medi-Cal expenditures and administrative costs.
ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/09/2011:  Passed State Senate by vote of 39 to 0.
• Assembly - Final Passage Vote 09/07/2011: Passed Assembly 74 to 0.

PREVIOUS ACTION 09/16/2011: Sent to Governor.
NEXT STEPS: Becomes law January 1, 2011, though certain provisions in the bill could have later effective dates.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0651-0700/sb_695_bill_20110913_enrolled.html
COPY OF 8 PAGE BILL (AS SIGNED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0651-0700/sb_695_bill_20110913_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU:  Could impact juveniles (and their families) with mental needs, behavioral issues including those also with autism spectrum and other developmental disorders or disabilities; could impact those juveniles with disabilities or mental health needs (and their foster families) in the foster care program.
PRIORITY: HIGH

SB 930 - IHSS: ENROLLMENT IN PROGRAM AND FINGERPRINTING REQUIREMENTS

AUTHOR: Sen. Noreen Evans (Democrat - Santa Rosa, 2nd State Senate District)
CDCAN SUMMARY:

• Fingerprinting - IHSS Recipients: Would delete (repeal or rescind) current state law requirements regarding obtaining fingerprint images of IHSS recipients.
• IHSS Provider (Worker) Timesheet - Would delete (repeal or rescind) current state law that require that IHSS worker (provider) timesheets include spaces for IHSS provider and the IHSS recipient fingerprints.
• IHSS Provider (Worker) Post Office Boxes - Would delete (repeal or rescind) current state law that prohibits use of a post office box address to receive a IHSS worker (provider) paycheck.
• Appeal Process Change:  Would require the county, In-Home Supportive Services (IHSS) public authority, or nonprofit consortium to send the California Department of Social Services a copy of the state-level criminal offender record information search response that is provided to that entity by the California Department of Justice for any individual who has requested an appeal of a denial of placement on the county registry of IHSS workers or denial of eligibility to provide supportive services to an IHSS recipient.

ASSEMBLY & STATE SENATE FINAL VOTE:

• State Senate - Final Passage Vote 09/01/2011: Passed State by vote of 23 to 15.
• Assembly - Final Passage Vote 08/30/2011:  Passed Assembly by vote of 51 to 27.

PREVIOUS ACTION 09/09/2011: Sent to Governor.
LATEST ACTION 10/09./2011:  SIGNED by Governor
NEXT STEPS:.The bill itself becomes law effective January 1, 2012, though certain provisions in the bill could have later effective dates.
COPY OF BILL (AS APPROVED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_930_bill_20110906_enrolled.html
COPY OF 16 PAGE BILL (AS APPROVED BY GOVERNOR) - PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_930_bill_20110906_enrolled.pdf
WHY THIS BILL SHOULD BE IMPORTANT TO YOU:  Impacts not only the over 400,000 In-Home Supportive Services workers, but also the 450,000  IHSS recipients (in the finger-printing requirements).
CDCAN COMMENT

• These requirements - among other policy changes and reductions to IHSS and other programs serving people with disabilities, mental health needs, the blind, seniors and their families were passed as part of the 2009-2010 State Budget.
• Some of those reductions and changes have been - at least for now - blocked from implementation by federal or state court orders.
• This bill was sponsored by the California Association of Public Authorities, Disability Rights California (DRC, formerly Protection and Advocacy Inc), SEIU-UHW (Service Employees International Union-United Healthcare Workers), United Domestic Workers of America/AFSCME  (American Federation of State, County, Municipal Employees) Local 3930 AFL-CIO and California Union of Homecare Workers.

PRIORITY: VERY HIGH

MENTAL HEALTH BILLS

AB 1297 - MEDI-CAL: MENTAL HEALTH

(see "Medi-Cal")

AB 989 - MENTAL HEALTH : CHILDREN'S SERVICES - TRANSITION AGE FOSTER YOUTH

AUTHOR: Assemblymember Holly Mitchell (Democrat - Los Angeles, 47th Assembly District)
CDCAN SUMMARY:  Would require programs contained in county  Mental Health Services Act plans, which are required to  include services to address the needs of transition-age youth, to also consider the needs of transition-age foster youth.
ASSEMBLY & STATE SENATE FINAL VOTES:

• State Senate Final Vote 09/01/2011:  Passed State Senate by vote of 37 to 0.
• Assembly Final Vote 06/01/2011:  Passed Assembly vote of 63 to 13.

PREVIOUS ACTION 09/16/2011: Sent to Governor.
LATEST ACTION 10/09/2011: SIGNED by Governor.
COPY OF BILL (AS SIGNED BY GOVERNOR) - HTML: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0951-1000/ab_989_bill_20110908_enrolled.html
COPY OF BILL (AS SIGNED BY GOVERNOR) - PDF:  http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0951-1000/ab_989_bill_20110908_enrolled.pdf
WHY THIS BILL MIGHT BE IMPORTANT TO YOU:  Many transition age foster youth have disabilities, mental health needs or other special needs.
PRIORITY: VERY HIGH

File Attachments: 

ab_1296_bill_20110920_enrolled.pdf (93.61 KB)

sb_51_bill_20110913_enrolled.pdf (91.69 KB)

sb_866_bill_20110913_enrolled.pdf (80.96 KB)

sb_946_bill_20110914_enrolled.pdf (122.44 KB)

2011-10-09 - Jerry Brown - Signing message on SB 946.pdf (277.36 KB)

2011-10-09 - Jerry Brown - SB 408 veto message.pdf (205.65 KB)

sb_408_bill_20110908_enrolled.pdf (81.53 KB)

sb_850_bill_20110912_enrolled.pdf (72.25 KB)

ab_499_bill_20110902_enrolled.pdf (70.76 KB)

ab_1329_bill_20110920_enrolled.pdf (83.99 KB)

ab_1382_bill_20110909_enrolled.pdf (77.81 KB)

sb_431_bill_20110914_enrolled.pdf (83.8 KB)

sb_442_bill_20110901_enrolled.pdf (80.59 KB)

2011-10-09 - Jerry Brown - SB 442 veto message.pdf (172.97 KB)

sb_791_bill_20110914_enrolled.pdf (71.86 KB)

2011-10-09 - Jerry Brown - SB 791 veto message.pdf (240.78 KB)

ab_641_bill_20110919_enrolled.pdf (122.31 KB)

ab_1297_bill_20110920_enrolled.pdf (162.6 KB)

sb_695_bill_20110913_enrolled.pdf (80.32 KB)

sb_930_bill_20110906_enrolled.pdf (104.79 KB)

ab_989_bill_20110908_enrolled.pdf (78.39 KB)