2011-12 Legislation

AB 43 - Establishes the framework for implementing provisions of federal health care reform that provide health care coverage to childless adults with family income up to 133% of the Federal Poverty Level.

AB 62 - Requires the Department of Health Care Services (DHCS) to consult with specified stakeholders in developing and implementing a pilot project for a Medicaid or Medicare demonstration project or waiver and authorizes DHCS to respond to a request for proposal from the federal Centers for Medicare and Medicaid Services.

AB 70 - Expands the California Department of Public Health's (DPH's) authority to submit applications in partnership with other nonprofit health entities to increase DPH's responsiveness and flexibility when applying for funding related to health prevention opportunities.

AB 113 - Establishes the Non-Designated Public Hospital (NDPH) Inter-governmental Transfer Program, administered by the Department of Health Care Services, under which public entities would voluntarily transfer funds to the state for the purpose of drawing down federal funds to make supplemental Medi-Cal payments to NDPHs. (Chapter 20, Statutes of 2011)

AB 151 - Ensures Medicare recipients in a Medicare Advantage plan facing increased costs or reduced benefits have the option to enroll in Original Medicare and to purchase a Medigap plan to help cover the costs of coinsurance, copayments, and deductibles. (Chapter 270, Statutes of 2011)

AB 174 - Requires the system of electronic health records developed through health information exchange demonstration projects, permitted under existing law, to be implemented with the full participation of health consumers and organizations concerned with protecting the privacy and security of patient information in the development of policies.

AB 197 - Addresses the issue of California's underground economy by amending Labor Code Section 1194.2 to provide for the recovery of liquidated damages equal to twice the amount of wages unlawfully unpaid.

AB 272 - Permits the California Health Facilities Financing Authority to award one or more grants to one or more projects designed to demonstrate specified new or cost-effective methods of delivering health care services to improve access to quality health care for vulnerable populations or communities that are effective at enhancing health outcomes, and improving access to quality health care.

AB 313 - Requires a licensed residential care facility for the elderly (RCFE) to provide written notification to all affected residents, their responsible party, and to the local Long-Term Care Ombudsman Program when revocation or suspension of a license is commenced or criminal action is brought against the RCFE. The bill requires the RCFE to conspicuously post notifications for at least 30 days or until serious deficiencies are resolved. AB 313 also adds "license revocation" to an established 60-day notice procedure to ensure resident safety and to minimize transfer trauma. (Chapter 365, Statutes of 2011)

AB 337 - Provides that the voluntary sustainable seafood program and each component of the program are not considered to be regulations under the California Administrative Procedure Act (APA). Current law does not explicitly address whether the APA would apply to the seafood program. (Chapter 273, Statutes of 2011)

AB 397 - Addresses the issue of California's underground economy by requiring a licensed contractor with an exemption for workers' compensation insurance to recertify the exemption upon license renewal or provide proof of workers' compensation insurance coverage. (Chapter 546, Statutes of 2011)

AB 441 - Requires state agencies to incorporate health and equity into specified guidance, surveys, and technical assistance documents related to housing, land use, and transportation planning and development to ensure that city, county and regional governments consider the health implications of planning and development decisions.

AB 553 - Ensures that the Occupational Safety and Health Standards Board adequately protects workers against the effects of substances/chemicals that may cause cancer or reproductive, developmental or other serious physical harm when it regulates hazardous substances or toxic materials. The bill amends the Labor Code to require the Standards Board to establish permissible exposure limits that meet specified criteria, with an emphasis on obtaining the highest degree of health and safety protection for workers.

AB 565 - Gives the State Coastal Conservancy the authority to grant funds to for-profit organizations for the removal of the San Clemente Dam and caps the use of state funds at $25 million. (Chapter 479, Statutes of 2011)

AB 579 - Seeks to discourage the threat of repeated lawsuits brought by mobilehome park owners against local governments who have enacted mobilehome rent control ordinances by allowing local governments to recover attorney's fees when they have successfully defended their mobilehome rent control ordinance. The measure also provides the courts with a special motion to dismiss proceedings that have no reasonable basis.

AB 629 - Authorizes the California Department of Veterans Affairs to enter into a contract with the Fort Ord Reuse Authority for cemetery design and construction with the Fort Ord Reuse Authority. (Chapter 267, Statutes of 2011)

AB 669 - Levies an excise tax of one cent ($0.01) per fluid ounce to any beverage that adds caloric sweeteners, such as sodas, energy drinks, sweet teas, and sports drinks. Funds generated would be directed to the newly created Children's Health Promotion Fund and allocated statewide to childhood obesity prevention activities and programs.

AB 753 - Prohibits car rental companies from renting or selling cars that are subject to federal safety recall notices.

AB 766 - Addresses the issue of California's underground economy by specifying that enforcement agencies that are included in the Joint Enforcement Strike Force on the Underground Economy, as well as law enforcement agencies, shall have access to unmarked or unobliterated copies of certified payroll records on public works projects. (Chapter 481, Statutes of 2011)

AB 922 - Transfers the Department of Managed Health Care (DMHC) from the Business, Transportation and Housing Agency to the California Health and Human Services Agency (CHHSA). The bill also transfers the Office of the Patient Advocate (OPA) from DMHC to CHHSA effective July 1, 2012, and requires existing OPA duties to apply to health insurers regulated by the Department of Insurance and their insureds (in addition to DMHC-regulated health plans). Also, the bill assigns new duties to OPA to assist consumers in obtaining public and private health care coverage, and navigating public and private coverage consistent with requirements under the Patient Protection and Affordable Care Act. The OPA would be permitted to contract with community organizations that have a long-standing record of consumer assistance to provide services. (Chapter 552, Statutes of 2011)

AB 971 - Reestablishes the California Sea Otter Fund until 2016. The Fund was established in state law in 2006 as a tax check-off on the California state income tax form. (Chapter 209, Statutes of 2011)

AB 1083 - Implements federal Patient Protection and Affordable Care Act provisions related to small business health care coverage in California.

AB 1453 - Directs the Board of the California Health Benefit Exchange to submit to the health policy committees of the Legislature a recommendation for an existing health plan to serve as the benchmark for items and services to be included in the definition of essential health benefits required under the federal Patient Protection and Affordable Care Act.

AB 1461 - Requires every health insurer, by January 1, 2014, to comply with specified provisions related to the offer, sale, issuance, and renewal of individual health benefit plans, consistent with federal law and implementing rules, regulations, and federal guidance. The required provisions include guaranteed availability of health insurance coverage, guaranteed renewability of health insurance coverage, and the portability and nondiscrimination provisions of the federal Patient Protection and Affordability Act. This bill requires the California Insurance Commissioner to consult and coordinate with the Department of Managed Health Care in the implementation and enforcement of this bill.

AB 1526 - Authorizes the Managed Risk Medical Insurance Board to reduce the annual and lifetime maximum benefit, reduce premiums and make other changes to the Major Risk Medical Insurance Program within existing resources.

AB 1553 - Codifies existing regulations, developed by the Department of Health Care Services, specifying the circumstances and process for a Medi-Cal enrollee to be exempted from mandatory enrollment in a Medi-Cal managed care plan.

AB 1614 - Extends the statutory sunset date of the Fort Ord Reuse Authority from June 30, 2014 to June 30, 2024.

AB 1631 - Repeals the sunset provision in the California Civil Procedure Code, Section 1282.4, whereby the Out of State Arbitration Attorney Counsel (OSAAC) program is established and extends the program indefinitely. Under the program, out-of-state attorneys can represent parties in arbitration proceedings held in California if they provide the arbitrator with an application comparable to the one submitted to a judge when an attorney seeks to be admitted pro hac vice and they agree to submit to the disciplinary jurisdiction of the California State Bar.

AB 1636 - Requires California to convene a special committee to review and evaluate health and wellness incentive and rewards programs offered by health care service plans, health insurers, and employers. The Department of Managed Health Care shall convene the committee, in collaboration with the California Department of Insurance, the California Health Benefit Exchange, and the California Department of Public Health. The committee shall meet publicly and engage experts and stakeholders in its deliberations with the first meeting commencing March 30, 2013.

AB 1678 - Prohibits mobile vending of food or beverages within a specified distance of elementary and secondary school campuses from 6:00 a.m. to 6:00 p.m. on any day that school is in session. The bill also requires local health agencies that have authority over mobile food vending to provide mobile food vendors with notification of this restriction.

AB 1784 - Authorizes the Department of Fish and Game to issue research mountain lion permits to educational institutions, governmental agencies, nonprofit organizations, and qualified individuals. Because Proposition 117 is being amended, a 4/5 vote of the Legislature is required for passage.

AB 1809 - Deletes outdated and obsolete sections of the Health and Safety; Insurance; and Welfare and Institutions Codes that relate to the submission of reports. The due date of each report being deleted has passed and the code sections are no longer operative. Some of the deletions include a requirement that the Managed Risk Medical Insurance Board, which administers the Healthy Families Program, report on utilizations and adequacy of substance abuse programs, and that the California Department of Insurance and the Department of Managed Care maintain a joint senior level working group to ensure clarity in enforcement and consistency in regulations and to submit reports regarding any actions taken.

AB 1842 - Allows the California Department of Veterans Affairs to enter into a financial agreement to receive cash advances for the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund (Endowment Fund) and permits the Endowment Fund to repay those advances with reimbursements from the United States Department of Veterans Affairs for the design and construction of the California Central Coast State Veterans Cemetery.

AB 2066 - Removes "revocation of a license" from a 60-day notice procedure in the event that a residential care facility for the elderly (RCFE) forfeits its license. The bill is intended to provide the Department of Social Services with the flexibility it needs to ensure RCFE resident safety and to minimize transfer trauma when an RCFE license is revoked.

AB 2214 - Establishes within the California Workforce Investment Board, the Health Workforce Development Council to help expand California's health workforce and provide quality healthcare.

AB 2237 - Clarifies that parties acting as consultants but performing duties and responsibilities of a general contractor are required to have licenses.

AB 2315 - Makes a technical correction to transfer of the Office of Patient Advocate from the Department of Managed Health Care to the California Health and Human Services Agency, as required in AB 922, Chapter 552, Statutes of 2011.

AB 2332 - Provides property tax relief to individual and corporate property owners in Santa Cruz County negatively impacted by the 2011 March Storm that hit California.

AB 2350 - Requires every health care service plan to provide to the Department of Manage Health Care (DMHC), the number of enrollees that receive health care coverage from the service plan as of December 31st of each year. Additionally, it requires every health insurer to provide to the Department of Insurance (DOI), the number of covered lives as of December 31st of each year. The DMHC and DOI are required to publicly report the data, including the posting of this information on each of the department's websites.

ACR 114 - Designates the week of March 25 through March 31, 2012 as California Tsunami Awareness Week in order to create public awareness about the necessity for residents in California's coastline communities to actively prepare and plan for the possibility of tsunamis.