Bill Text: CA SB208 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public social services: contracting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State. Chapter 656, Statutes of 2013. [SB208 Detail]

Download: California-2013-SB208-Amended.html

---

BILL NUMBER: SB 208	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 30, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  APRIL 11, 2013
	AMENDED IN SENATE  MARCH 14, 2013

INTRODUCED BY   Senator Lara

                        FEBRUARY 8, 2013

   An act to  amend Section 14452   of, and to  add
Section 4648.11  to  to,  the Welfare and
Institutions Code, relating to  developmental  
public social  services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 208, as amended, Lara.  Developmental services: request
for proposals.   Public social services: contracting.

   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with regional centers to provide services and supports to
individuals with developmental disabilities. The services and
supports to be provided to a regional center consumer are contained
in an individual program plan (IPP), developed in accordance with
prescribed requirements. Existing law authorizes the regional center
to, among other things, solicit an individual or agency, by requests
for proposals (RFPs) or other means, to provide needed services or
supports that are not available to achieve the stated objectives of a
consumer's IPP.
   This bill would require a request for proposals that is prepared
by a regional center for consumer services and supports to include a
section on issues of equity and diversity, as specified. 
   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.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions. Existing law authorizes the department
to enter into various types of contracts for the provision of
services to beneficiaries, including contracts with prepaid health
plans, as defined. Existing law requires all subcontracts entered
into by prepaid health plans to, among other things, contain the
amount of compensation or other consideration that the subcontractor
will receive under the terms of the subcontract, except as provided.
Existing law prohibits a prepaid health plan from entering into a
subcontract in which consideration is determined by a percentage of
the primary contractor's payment from the department.  
   This bill would eliminate that prohibition and instead authorize a
prepaid health plan, unless the department objects, to enter into a
subcontract in which consideration is determined by a percentage of
the primary contractor's payment from the department. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) The State Department of Developmental Services and the
regional center system provide treatment, habilitation, and other
services to Californians with developmental disabilities so that they
may lead more independent, productive, and integrated lives.
   (b) California, where diverse communities account for about 60
percent of the population, is now a "majority minority" state.
   (c) The Lanterman Developmental Disabilities Services Act requires
that a person who receives services from a regional center must have
programs, services, and supports that are "person centered" and that
are based on the specific assessment and needs of each consumer.
   (d) Therefore, services provided to regional center consumers
should be provided in a linguistically and culturally competent
manner that promotes equity and diversity for all Californians.
  SEC. 2.  Section 4648.11 is added to the Welfare and Institutions
Code, to read:
   4648.11.  (a) A request for proposals that is prepared by a
regional center for consumer services and supports shall include a
section on issues of equity and diversity.
   (b) The section on equity and diversity shall request, but not be
limited to, all of the following information:
   (1) A statement outlining the applicant's plan to serve diverse
populations, including, but not limited to, culturally and
linguistically diverse populations.
   (2) Examples of the applicant's commitment to addressing the needs
of those diverse populations.
   (3) Any additional information that the applicant deems relevant
to issues of equity and diversity.
   (c) This section shall not alter contracts entered into before
January 1, 2014.
   SEC. 3.    Section 14452 of the   Welfare
and Institutions Code   is amended to read: 
   14452.  (a) All subcontracts shall be entered into pursuant to the
requirements of the Knox-Keene Health Care Service Plan Act of 1975,
or the requirements of Chapter 11A (commencing with Section 11491)
of Part 2 of Division 2 of the Insurance Code, as appropriate, and
federal law. All subcontracts shall be in writing, a copy of which
shall be transmitted to the department.
   Each subcontract shall contain the amount of compensation or other
consideration  which   that  the
subcontractor will receive under the terms of the subcontract with
the prepaid health  plan; provided, however, that these
  plans. These  provisions shall not apply to a
provider who is employed or salaried by the prepaid health plan.
 A prepaid health plan shall not enter into any subcontract
in which consideration is determined by a percentage of the primary
contractor's payment from the department.   Unless the
department objects, a prepaid health plan may enter into a
subcontract in which consideration is determined by a percentage of
the primary contractor's payment from the department.  This
subdivision shall not be construed to prohibit any subcontract in
which consideration is determined on a capitation basis.
   Subcontracts between a prepaid health plan and the subcontractor
shall be public records on file with the department. The names of the
officers and owners of the subcontractor, stockholders owning more
than 10 percent of the stock issued by the subcontractor, and major
creditors holding more than 5 percent of the debt of the
subcontractor shall be submitted by each prepaid health plan to the
department and shall be public records on file with the department.
   (b) A prepaid health plan  which   that 
is not a qualified health maintenance organization pursuant to Title
XIII of the federal Public Health Service Act shall submit all
provider and management subcontracts to the department for approval
prior to the subcontract taking effect.
   (c) Each subcontract shall require that the subcontractor make all
of its books and  records,   records 
pertaining to the goods and services furnished under the terms of the
 subcontract,   subcontract  available for
inspection, examination, or copying by the department during normal
working hours at the subcontractor's place of business, or 
at such other   another  mutually agreeable
location in California.