California Legislative Update
as of 9/2/2010

AB 244    (Beall D)   Health care coverage: mental health services.  

Current Text: Vetoed: 10/11/2009   pdf   html

Status: 10/11/2009-Vetoed by the Governor

Summary:
Would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2010, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual IV. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees' Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. This bill contains other related provisions and other existing laws.

Position:  Support

AB 526    (Fuentes D)   Public Protection and Physician Health Program Act of 2009.  

Current Text: Amended: 8/19/2009   pdf   html

Status: 8/27/2009-In committee: Held under submission.

Summary:
Would enact the Public Protection and Physician Health Program Act of 2009, which would, until January 1, 2021, establish the Public Protection and Physician Health Oversight Committee, consisting of members appointed by specified entities, would require the committee to be formed and to hold its first meeting by March 1, 2010, and would require the committee to adopt rules and regulations necessary to implement these provisions by June 30, 2010. The bill would authorize the committee to contract, including on an interim basis, as specified, with any qualified physician health program for purposes of care and rehabilitation of physicians and surgeons , including applicants enrolled in an approved postgraduate training program, with alcohol or drug abuse or dependency problems or mental disorders , as specified. The bill would impose requirements on the physician health program relating to, among other things, monitoring the status and compliance of physicians and surgeons , as defined, who enter treatment for a qualifying illness, as defined, pursuant to written, voluntary agreements, and would require the committee to monitor compliance with these requirements. The bill would provide that a voluntary agreement to receive treatment would not be subject to public disclosure or disclosure to the Medical Board of California, except as specified. The bill would require the board to increase physician and surgeon and applicant licensure and renewal fees for purposes of the act, and would establish the Public Protection and Physician Health Program Trust Fund for deposit of those funds, which would be subject to appropriation by the Legislature. The bill would also require specified performance audits.

Position:  Position Pending

AB 674    (Salas D)   Criminal procedure: veterans.  

Current Text: Enrolled: 8/30/2010   pdf   html

Status: 8/23/2010-Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0.)

Summary:
Would if the defendant alleges that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from military service in the United States military, require the court to make a determination as to whether a defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from any of those disorders, before placing an otherwise eligible defendant on probation and ordering the defendant into a treatment program, as specified. The bill would authorize the court to request, through existing resources, an assessment to aid in the determination of whether the defendant may be suffering from any of those disorders. The bill would eliminate the requirement that the offense be committed as a result of problems stemming from service in a combat theater. This bill contains other related provisions.

Position:  Support

AB 702    (Salas D)   Joe Serna, Jr. Farmworker Housing Grant Program: agricultural employees.  

Current Text: Enrollment: 8/26/2010   pdf   html

Status: 8/26/2010-Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0.)

Summary:
Would modify the definition for the term "agricultural employees." This bill contains other related provisions.

Position:  Watch

AB 710    (Yamada D)   Veterans: substance abuse and mental health services.  

Current Text: Amended: 7/15/2009   pdf   html

Status: 8/27/2009-In committee: Held under submission.

Summary:
Would require the Department of Veterans Affairs to consult with the State Department of Mental Health and the State Department of Alcohol and Drug Programs, as provided, to identify federal funds that are available for the purposes of funding community-based organizations, certified by the department, to provide substance abuse and mental health services to veterans , as specified, and to pay reasonable administrative expenses . This bill contains other related provisions.

Position:  Watch

AB 754    (Chesbro D)   Medi-Cal: mental health plans.  

Current Text: Amended: 9/4/2009   pdf   html

Status: 9/10/2009-Ordered to third reading. To inactive file on motion of Senator Cox.

Summary:
Would beginning July 1, 2011, exclude the Early Periodic Screening Diagnosis and Treatment (EPSDT) specialty mental health services provided under a Medi-Cal specialty mental health services waiver from being allocated and distributed at the beginning of the contract period. This bill contains other existing laws.

Position:  Support

AB 1177    (Fong D)   Homelessness: Interagency Council on Homelessness.  

Current Text: Amended: 3/22/2010   pdf   html

Status: 8/18/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was APPR. on 3/22/2010)

Summary:
Would create the California Interagency Council on Homelessness, composed of specified membersand performing duties, including preparation of a homelessness state plan, updated every 2 years. It would permit the council to apply for federal funding for its activities .

Position:  Support

AB 1445    (Chesbro D)   Medi-Cal: federally qualified health centers and rural health clinics.  

Current Text: Amended: 6/1/2009   pdf   html

Status: 8/18/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was APPR. SUSPENSE FILE on 8/9/2010)

Summary:
Would provide that a maximum of 2 visits, as defined, taking place on the same day at a single location shall be reimbursed when either after the first visit the patient suffers illness or injury requiring additional diagnosis or treatment or the patient has a medical visit, as defined, and another health visit, as defined, or both. The bill would require an FQHC or RHC that currently includes the cost of encounters with more than one health professional that take place on the same day at a single location as constituting a single visit for purposes of establishing its FQHC or RHC rate to, by January 1, 2011, apply for an adjustment to its per-visit rate, and, after the rate adjustment has been approved by the department, require the FQHC or RHC to bill a medical visit and another health visit that take place on the same day at a single location as separate visits. The bill would make other conforming changes. This bill contains other related provisions.

Position:  Watch

AB 1595    (Jones D)   Medi-Cal: eligibility.  

Current Text: Amended: 4/28/2010   pdf   html

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 5/12/2010)

Summary:
Would require the department to establish, by January 1, 2014, eligibility for Medi-Cal benefits for any person who meets specified eligibility requirements provided by federal law. This bill would permit the department, to the extent permitted by federal law, to phase in coverage for those individuals upon the effective date of this bill. This bill contains other related provisions and other existing laws.

Position:  Position Pending

AB 1599    (Beall D)   Medi-Cal: alcohol and drug screening and brief intervention services.  

Current Text: Amended: 4/13/2010   pdf   html

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 4/28/2010)

Summary:
Would establish the Medi-Cal Alcohol and Drug Screening and Brief Intervention Services Program, under which the department, in consultation with the State Department of Alcohol and Drug Programs, would be required to provide reimbursement under the Medi-Cal program for alcohol and drug screening and brief intervention services provided to Medi-Cal beneficiaries who are pregnant women or women of childbearing age, as specified. This bill would require the nonfederal share of expenditures submitted to the federal Centers for Medicare and Medicaid Services (CMS) for purposes of claiming federal financial participation for services provided pursuant to the program to be comprised of only those funds that are paid by a public entity , as defined. The bill would require a public entity that participates in the program, upon receiving federal financial participation for expenditures made to CMS for alcohol and drug screening and brief intervention services, to reimburse the state for any costs of creating and administering the program . The bill would require the department to seek all necessary federal approvals for the implementation of the program. This bill contains other related provisions.

Position:  Position Pending

AB 1600    (Beall D)   Health care coverage: mental health services.  

Current Text: Enrollment: 8/26/2010   pdf   html

Status: 8/26/2010-Assembly Rule 77 suspended. (Ayes 49. Noes 27.) Senate amendments concurred in. To enrollment. (Ayes 50. Noes 28.)

Summary:
Would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2011, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders IV, including substance abuse but excluding nicotine dependence and specified diagnoses defined in the manual, subject to regulatory revision, as specified. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees' Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. This bill contains other related provisions and other existing laws.

Position:  Support

AB 1602    (John A. Perez D)   California Health Benefit Exchange.  

Current Text: Enrolled: 8/31/2010   pdf   html

Status: 8/25/2010-In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. Senate amendments concurred in. To enrollment.

Summary:
Would enact the California Patient Protection and Affordable Care Act, and would, contingent on the enactment of SB 900, which would create the California Health Benefit Exchange (the Exchange), specify the powers and duties of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans, and would require the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and qualified small employers by January 1, 2014. The bill would create the California Health Trust Fund as a continuously appropriated fund and would make the implementation of these provisions contingent on a determination by the board that sufficient financial resources exist or will exist in the fund, as specified. The bill would enact other related provisions. This bill contains other related provisions and other existing laws.

Position:  Position Pending

AB 1655    (Evans D)   Dependent children: psychotropic medications.  

Current Text: Introduced: 1/15/2010   pdf   html

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 4/21/2010)

Summary:
Would in a pilot project operative only until January 1, 2014, in 3 counties that are selected by the State Department of Social Services in consultation with the Judicial Council and 2 other specified entities, expand the authority of a juvenile court judicial officer to make orders regarding the administration of psychotropic medications to include a dependent child or ward who has been removed from the physical custody of his or her parent or guardian, or a child who has been removed from the physical custody of a parent or guardian pending adjudication as a dependent child. The pilot project would require the physician submitting the request for psychotropic medication to have conducted an examination of the child or ward. The pilot project would require the request to indicate additional information, including the child's medical history and a description of any clinically indicated therapy recommended for the child to participate in during the 6-month period until the next court review of the psychotropic medication. The pilot project would require the juvenile court judicial officer, before authorizing the administration of psychotropic medication, to make certain findings, including that the child's or ward's caregiver has been informed, and the child or ward has been informed in an age and developmentally appropriate manner, about the recommended medications, the anticipated benefits, the nature, degree, duration, and probability of side effects and significant risks, and any other recommended treatments, that the child or ward has been informed of the right to request a hearing, and that a plan is in place for regular monitoring of the medication, as specified. This bill contains other related provisions and other existing laws.

Position:  Position Pending

AB 1678    (Lieu D)   Prisoners: parole.  

Current Text: Amended: 4/13/2010   pdf   html

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 5/28/2010)

Summary:
Would provide that a person shall not be granted nonrevocable parole, as described above, if he or she is required to register pursuant to the California Street Terrorism Enforcement and Prevention Act, is listed on the CalGang System, or has identified himself or herself as a gang member to a staff member of the Department of Corrections and Rehabilitation. The bill would provide that a person shall not be granted nonrevocable parole if the person was committed to prison for solicitation of murder, involuntary manslaughter, stalking, or domestic violence , possession of an explosive or destructive device, unlawfully causing a fire to an inhabited structure, cruelty against children, battery resulting in serious bodily injury, battery against a peace officer, evading a police officer, or if the person has a previous conviction for one of these crimes. The bill would also provide that a person shall not be granted nonrevocable parole if an objection to the person's parole, by a local law enforcement agency, has been sustained by either the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, as specified. This bill contains other related provisions and other existing laws.

Position:  Position Pending

AB 1925    (Salas D)   Veterans courts.  

Current Text: Enrollment: 8/26/2010   pdf   html

Status: 8/26/2010-Enrolled and to the Governor at 3 p.m.

Summary:
Would authorize superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. The bill would provide that county participation is voluntary. The bill would declare the intent of the Legislature regarding the relationship between the veterans court program and existing statutory programs.

Position:  Support

AB 2033    (Torres D)   Homelessness: federal funding.  

Current Text: Amended: 6/29/2010   pdf   html

Status: 8/12/2010-In committee: Held under submission.

Summary:
Would require the Department of Housing and Community Development to apply for McKinney-Vento Homeless Assistance Act funding by establishing a balance of state continuum of care program, as described, on or before September 1, 2011. The bill would also require, in the event that the department fails to apply for the federal funding, that the department , prior to September 30, 2011 , notify specified legislative committees of its efforts to comply with the requirements of the bill . The bill would make this notification requirement inoperative on September 30, 2015.

Position:  Position Pending

AB 2212    (Fuentes D)   Minors: mental competency.  

Current Text: Enrollment: 8/26/2010   pdf   html

Status: 8/26/2010-Enrolled and to the Governor at 3 p.m.

Summary:
Would authorize, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. The bill would provide that a minor is incompetent to proceed if he or she lacks sufficient present ability to consult with counsel and assist in preparing his or her defense with a reasonable degree of rational understanding, or lacks a rational as well as factual understanding, of the nature of the charges or proceedings against him or her. The bill would require proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. The bill would require the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. The bill would require the Judicial Council to develop and adopt rules to implement these requirements. The bill would require that, if the minor is found to be incompetent by a preponderance of the evidence, all proceedings remain suspended to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future or the court no longer retains jurisdiction. This bill contains other existing laws.

Position:  Support

AB 2234    (Lowenthal, Bonnie D)   Mental health: target populations: older adults.  

Current Text: Amended: 3/15/2010   pdf   html

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 4/28/2010)

Summary:
Would make the current definition of functional impairment applicable to adults 18 to 59 years of age, inclusive, and would, in addition, establish a definition of functional impairment for adults 60 years of age or older. The bill would also make conforming changes . This bill contains other related provisions and other existing laws.

Position:  Position Pending

SB 399    (Yee D)   Sentencing.  

Current Text: Amended: 8/20/2010   pdf   html

Status: 8/30/2010-Reconsideration granted. Read third time. Refused passage.

Summary:
Would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the defendant's statement is true, as specified. The bill would apply retroactively, as specified. This bill contains other related provisions.

Position:  Support

SB 543    (Leno D)   Minors: consent to mental health services.  

Current Text: Enrollment: 8/30/2010   pdf   html

Status: 8/30/2010-In Senate. Senate concurs in Assembly amendments. (Ayes 22. Noes 14.) To enrollment.

Summary:
Would notwithstanding any provision of law, instead, provide that a minor who is 12 years of age or older may consent to outpatient mental health services, if, in the opinion of the professional person, as defined, the minor is mature enough to participate intelligently in the mental health treatment or counseling services. The bill would expand the definition of a professional person to include a licensed clinical social worker, as specified, and a board certified or board eligible psychiatrist. This bill contains other related provisions and other existing laws.

Position:  Oppose

SB 810    (Leno D)   Single-payer health care coverage.  

Current Text: Amended: 1/13/2010   pdf   html

Status: 8/23/2010-Assembly Rule 69(d) suspended.

Calendar:
9/2/2010  #51  ASSEMBLY SENATE THIRD READING FILE

Summary:
Would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would provide that a resident of the state with a household income, as specified, at or below 200% of the federal poverty level would be eligible for the type of benefits provided under the Medi-Cal program. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. This bill contains other related provisions and other existing laws.

Position:  Position Pending

SB 834    (Florez D)   Court orders: minor victims: prohibitions on communications.  

Current Text: Enrolled: 8/25/2010   pdf   html

Status: 8/23/2010-In Senate. To enrollment.

Summary:
Would authorize the court, upon the conviction of a defendant for a sexual offense involving a minor victim, or if a juvenile petition involving a sexual offense against a minor victim is admitted or sustained, to issue orders prohibiting the defendant or juvenile, for a period up to 10 years, from harassing, intimidating, or threatening the victim, or the victim's family members or spouse. This bill contains other existing laws.

Position:  Position Pending

SB 890    (Alquist D)   Health care coverage.  

Current Text: Enrollment: 8/31/2010   pdf   html

Status: 8/31/2010-Re-referred to Com. On HEALTH. From committee: That the Assembly amendments be concurred in. (Ayes 6. Noes 2.) Senate concurs in Assembly amendments. (Ayes 21. Noes 11.) To enrollment.

Summary:
Would eliminate the 18-month requirement and would require plans and insurers to allow an individual to transfer to another individual contract or policy without medical underwriting on the annual renewal date of his or her contract or policy. Commencing July 1, 2011, the bill would require plans and insurers to categorize all products offered in the individual market into 5 tiers according to actuarial value, as specified, and would require plans and insurers to disclose this value and other information in certain disclosure forms. This bill contains other related provisions and other existing laws.

Position:  Position Pending

SB 892    (Alquist D)   Care facilities.  

Current Text: Amended: 4/27/2010   pdf   html

Status: 8/13/2010-Set, second hearing. Held in committee and under submission.

Summary:
Would add additional specified crimes with respect to which the director is prohibited from granting an exemption. This bill would also add specified crimes with respect to which the director is prohibited from granting an exemption within 10 years of either the date the person was convicted of the offense or the date the person was released from incarceration for the offense, whichever is later. This bill contains other existing laws.

Position:  Position Pending

SB 973    (Negrete McLeod D)   Imprisonment: parole: programs.  

Current Text: Amended: 5/25/2010   pdf   html

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 5/27/2010)

Summary:
Would require the Department of Corrections and Rehabilitation to administer a reentry program in the City of San Bernardino for parolees that would be located at an adult day reporting center, as specified. The bill would require the reentry program to conduct needs-based assessments of male and female parolees, partner with City or County of San Bernardino law enforcement officers, and partner with local community organizations providing support services, as specified. This bill would require the department to maintain information on the effectiveness of the program, as specified, and report to the Legislature on request.

Position:  Support

Total Measures: 25

Total Tracking Forms: 25