Author: Perez V
BILL NUMBER: AB 916 AMENDED
AMENDED IN SENATE JUNE 21, 2012
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
INTRODUCED BY Assembly Member V. Manuel Perez
FEBRUARY 18, 2011
An act to amend Section 1216 of, and to add and repeal Chapter 6 (commencing
with Section 127645) of Part 2 of Division 107 of, the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 916, as amended, V. Manuel Perez. Health: underserved communities.
Under existing law, the California Health and Human Services Agency is required
to establish an interdepartmental Task Force on Rural Health to coordinate
rural health policy development and program operations and to develop a
strategic plan for rural health.
bill would state the intent of the Legislature to ensure that
counties address the needs of underserved communities by maximizing the use of
nonprofit health providers that are critical to the health of farmworkers and
other individuals, as specified. This
bill would establish the Task
Force on the Health Care Needs of Farmworkers, composed as prescribed, to
develop a comprehensive agenda of programs and public policy initiatives that
are designed to address the health care needs of farmworkers in California, and
provide a report containing specified information to the office of the Governor
and the State Department of Health Care Services by December 31, 2013. This
bill would provide that the task force is to be funded by federal or private
funds and that if, by January 1, 2013, the office of the Governor determines
that the task force has insufficient funding to carry out its activities, the
activities of the task force shall cease. This bill would repeal these
provisions as of January 1, 2014.
Existing law provides for the Medi-Cal program, which is administered by the
State Department of Health Care Services, under which qualified low-income
individuals receive health care services. Existing law provides that federally
qualified health center services, as defined, are covered benefits under the
Existing law requires every clinic holding a license to file annually with the
Office of Statewide Health Planning and Development a verified report showing
prescribed information. Violation of these provisions is a crime.
This bill would require all federally qualified health centers operated by a
county to file this report
. By changing the definition of a crime, this bill would
create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and
school districts for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is this intent of the Legislature to ensure that counties
address the needs of underserved communities by maximizing the use of nonprofit
health providers that are critical to the health of farmworkers and other
individuals if county governments are given greater authority and control to
operate specific health programs through realignment by requiring that the
realignment includes all of the following:
(a) Minority communities being served shall be consulted and involved in
developing service delivery models and infrastructure.
(b) Nonprofit community-based organizations providing health care, social
services, and mental health services shall be included in the delivery of these
services to impacted and targeted communities.
(c) No reduction in the current role and scope of nonprofit organizations
in the operation of health programs.
(d) Priority to establishing partnerships between county government and
nonprofit organizations to effectively deliver coordinated services.
Section 1216 of the Health and Safety
Code is amended to read:
1216. (a) Every clinic holding a license shall, on or before
the 15th day
each year, file with the Office of Statewide
Health Planning and Development upon forms to be furnished by the office, a
verified report showing the following information relating to the previous
(1) Number of patients served and descriptive information, including age,
gender, race, and ethnic background of patients.
(2) Number of patient visits by type of service, including all of the
(A) Child health and disability prevention screenings, treatment, and followup
(B) Medical services.
(C) Dental services.
(D) Other health services.
(3) Total clinic operating expenses.
(4) Gross patient charges by payer category, including Medicare, Medi-Cal, the
Child Health Disability Prevention Program, county indigent programs, other
county programs, private insurance, self-paying patients, nonpaying patients,
and other payers.
(5) Deductions from revenue by payer category, bad debts, and charity care
(6) Additional information as may be required by the office or the department.
(b) In the event a clinic fails to file a timely report, the department may
suspend the license of the clinic until the report is completed and filed with
(c) In order to promote efficient reporting of accurate data, the office shall
consider the unique operational characteristics of different classifications of
licensed clinics, including, but not limited to, the limited scope of services
provided by some specialty clinics, in its design of forms for the collection
of data required by this section.
(d) For the purpose of administering funds appropriated from the Cigarette and
Tobacco Products Surtax Fund for support of licensed clinics, clinics receiving
those funds may be required to report any additional data the office or the
department may determine necessary to ensure the equitable distribution and
appropriate expenditure of those funds. This shall include, but not be limited
to, information about the poverty level of patients served and communicable
diseases reported to local health departments.
(e) This section shall apply to all primary care clinics.
(f) This section shall apply to all specialty clinics, as defined in paragraph
(2) of subdivision (a) of Section 1204 of the Health and Safety Code that
receive tobacco tax funds pursuant to Article 2 (commencing with Section 30121)
of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code.
(g) Specialty clinics that are not required to report pursuant to subdivision
(f) shall report data as directed in Section 1216 as it existed prior to the
enactment of Chapter 1331 of the Statutes of 1989 and Chapter 51 of the
Statutes of 1990.
qualified health centers, as described in Section 1395x(aa)(4)
or 1396d(l)(2)(B) of Title 42 of the United States Code, operated by a county
shall file the report described in subdivision (a)
Chapter 6 (commencing with Section 127645)
is added to Part 2 of Division 107 of the Health and Safety Code, to read:
CHAPTER 6. TASK FORCE ON THE HEALTH CARE NEEDS OF FARMWORKERS
127645. (a) The Task Force on the Health Care Needs of Farmworkers is hereby
established to develop a comprehensive agenda of programs and public policy
initiatives that are designed to address the health care needs of farmworkers
(b) The activities of the task force shall be funded by federal or private
funds. If, by January 1, 2013, the office of the Governor determines that the
task force has insufficient funding to carry out its activities pursuant to
this chapter, the activities of the task force shall cease.
(c) The task force shall be composed of 11 members. The members of the task
force shall be farmworker representatives, representatives from nonprofit
community health centers with an established record of serving farmworker
representatives of growers, and representatives of philanthropic foundations.
The members shall be appointed as follows:
(1) The office of the Governor shall appoint five members.
(2) The Speaker of the Assembly and the President pro Tempore of the Senate
shall each appoint three members.
127646. The task force shall issue a report that shall be provided to the State
Department of Health Care Services and to the Governor by December 31, 2013,
that includes all of the following:
(a) Strategies to create public and private partnerships between growers,
federal, state, and local government entities, nonprofit community health
centers, and farmworker community representatives for the purpose of
coordinating respective resources to create new initiatives to provide health
insurance, or equivalent coverage, for farmworkers who will not be covered by
the federal Patient Protection and Affordable Care Act (Public Law 111-148).
(b) A plan that coordinates county health care delivery systems to integrate
federally qualified health centers, as described in Section 1395x(aa)(4) or
1396d(l)(2)(B) of Title 42 of the United States Code, and
the systems to target
(c) A plan to increase the number of culturally competent health professionals
in underserved rural areas.
(d) A plan to expand
(e) A plan to coordinate a network of providers to ensure a continuum of health
care as farmworkers migrate within and outside of the state.
(f) Long-term strategies for educating, training, and preparing workers for
other industries, including, but not limited to, green technology.
(g) Viable strategies for enabling farmworkers to purchase affordable housing.
127647. This chapter shall remain in effect only until January 1, 2014, and as
of that date is repealed, unless a later enacted statute, that is enacted
before January 1, 2014, deletes or extends that date.
No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the definition
of a crime within the meaning of Section 6 of Article XIII B of the California