Bill Text: CA SB959 | 2011-2012 | Regular Session | Amended

California Senate Bill 959 (Prior Session Legislation)

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

Bill Title: Workers' compensation: provider reimbursement:

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-08-30 - Ordered to inactive file on request of Assembly Member Charles Calderon. [SB959 Detail]

Download: California-2011-SB959-Amended.html

BILL NUMBER: SB 959	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 15, 2012

INTRODUCED BY    Senators   Lieu 
   and Yee   Senator  
Lieu 
   (Coauthor: Assembly Member Portantino)

                        JANUARY 10, 2012

   An act to  amend Section 66602.5 of, and to add Section
89517.7 to, the Education Code, relating to public postsecondary
education   repeal Section 5318 of the Labor Code,
relating to workers' compensation  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 959, as amended, Lieu.  Public postsecondary education:
California State University: increases in tuition or fees:
compensation.   Workers' compensation: provider
reimbursement: implantable medical devices, hardware, and
instrumentation.  
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment.  
   Existing law requires the administrative director, after public
hearings, to adopt and revise periodically an official medical fee
schedule to establish reasonable maximum fees paid for medical
services, drugs and pharmacy services, health care facility fees,
home health care, and all other treatment, care, services, and goods,
other than physician services. Existing law separately requires
reimbursement for certain implantable medical devices, hardware, and
instrumentation, at the provider's documented paid cost, plus an
additional 10%, plus sales tax, as specified. Under existing law,
this reimbursement formula is operative only until the administrative
director adopts a regulation specifying reimbursement for the
designated items, as prescribed.  
   This bill would delete the above-described reimbursement
specifications relating to implantable medical devices, hardware, and
instrumentation.  
   Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in the state.  
   Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene
Act), generally requires, with specified exceptions for authorized
closed sessions, that the meetings of state bodies be open and public
and that all persons be permitted to attend. The Bagley-Keene Act
also generally requires that the agenda for meetings provide an
opportunity for members of the public to directly address the body of
any item of interest to the public that is within the subject matter
jurisdiction of the body. Each member of a state body who attends a
meeting of that body in violation of any provision of the
Bagley-Keene Act, and where the member intends to deprive the public
of information to which the member knows or has reason to know the
public is entitled under the act, is guilty of a misdemeanor. Under
existing law, all meetings of the trustees are subject to the
Bagley-Keene Act, except with respect to the compensation of
designated executive officers of the university, which is required to
be acted upon in an open session.  
   This bill would prohibit the trustees from acting to increase the
salary range of any university officer or employee or to increase the
tuition or mandatory systemwide fees of university students except
in an open public meeting properly noticed pursuant to the
Bagley-Keene Act.  
   The bill would prohibit the trustees from awarding a president of
a campus compensation, as defined, that exceeds 150% of the
compensation of the Chief Justice of California, except if the
Governor, by executive order, approves the individual president's
compensation. The bill would prohibit the trustees from approving any
increase in compensation for a president of a campus if an increase
in tuition is scheduled to take effect in that fiscal year or has
taken effect in either of the 2 prior fiscal years. The bill would
require the trustees, when hiring a president of a campus, to give
primary consideration to applicants currently employed by the
California State University system and to secondarily give
consideration to residents of California who are not employees of the
system. The bill would provide that applicants who are neither
residents of California nor employees of the system are to receive
consideration after applicants who may be given primary and secondary
consideration. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 5318 of the   Labor
Code   is repealed.  
   5318.  (a) Implantable medical devices, hardware, and
instrumentation for Diagnostic Related Groups (DRGs) 004, 496, 497,
498, 519, and 520 shall be separately reimbursed at the provider's
documented paid cost, plus an additional 10 percent of the provider's
documented paid cost, not to exceed a maximum of two hundred fifty
dollars ($250), plus any sales tax and shipping and handling charges
actually paid.
   (b) This section shall be operative only until the administrative
director adopts a regulation specifying separate reimbursement, if
any, for implantable medical hardware or instrumentation for complex
spinal surgeries.  
  SECTION 1.    Section 66602.5 of the Education
Code is amended to read:
   66602.5.  (a) All meetings of the trustees shall, except as
otherwise provided in Section 66602.7, be subject to the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

   (b) The trustees shall not act to increase the salary range of any
university officer or employee or to increase the tuition or
mandatory systemwide fees of university students except in an open
public meeting properly noticed pursuant to the Bagley-Keene Open
Meeting Act.  
  SEC. 2.    Section 89517.7 is added to the
Education Code, to read:
   89517.7.  (a) The trustees shall not award a president of a campus
compensation that exceeds 150 percent of the compensation of the
Chief Justice of California, except if the Governor, by executive
order, approves the individual president's compensation award.
   (b) The trustees shall not approve any increase in compensation
for a president of a campus if an increase in tuition is scheduled to
take effect in that fiscal year or has taken effect in either of the
two prior fiscal years.
   (c) When hiring a president of a campus, the trustees shall give
primary consideration to applicants currently employed by the
California State University system and then shall give secondary
consideration to applicants who are residents of California but are
not employees of the system. Applicants who are neither residents of
California nor employees of the system shall receive consideration
after applicants who may be given primary and secondary
consideration.
   (d) For purposes of this section, "compensation" includes, but is
not limited to, any taxable income or benefit, such as salary,
bonuses, or living allowances paid for with state moneys, including
moneys from a statewide or campus foundation or auxiliary
organization, as defined in Section 89901.