Miscellaneous
This page tracks miscellaneous California legislation that can impact Urban Indian Health, including public health issues, homelessness, medical privacy, newborn screening, and controlled substances. This tracker is updated regularly and provides links to the California Legislative Information website for additional resources.
Click here to view an recently chaptered bills.
AB 1562: Assembly member Kim (District 65)
Sales and use taxes: exemptions: disaster preparedness products.
Summary: This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, qualified disaster preparedness products sold or purchased during the 1-day period beginning at 12:01 a.m. on the 2nd Saturday in October 2017, and ending at 12:00 midnight.
Last Action: 5/27/2016 In committee and held under submission
For more information on this bill please check the Official California Legislative Information site here
AB 1918: Assembly member O’Donnell (District 70 )
Teacher credentialing: temporary certificates
Summary: This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies.
Last Action: 08/05/2016 Enrolled and presented to the Governor.
For more information on this bill please check the Official California Legislative Information site here
SB 876: Senator Liu (District 15 )
Homelessness
Summary: This bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified. The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect.
Last Action: 04/11/2016 Hearing canceled at the request of the author
For more information on this bill please check the Official California Legislative Information site here
AB 1823: Assemblymember Bonilla (District 14 )
California Cancer Clinical Trials Program
Summary: This bill would provide for the establishment of the California Cancer Clinical Trials Program and request that the University of California designate a nonprofit organization as the program administrator governed by a board of at least 5 members appointed by the president of the university. The bill would authorize the program administrator to solicit and receive funds from various specified sources for purposes of the program and would authorize the board, upon receipt of at least $500,000 in funding, to establish program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, as specified.
Last Action: 06/23/2016 Read second time, amended, and re-referred to Committee on Education
For more information on this bill please check the Official California Legislative Information site here
SB 1002: Senator Monning (District 17)
End of Life Option Act: telephone number
Summary: This bill would require the department, on or before January 1, 2017, to post a toll-free telephone number on its Internet Web site for the purpose of receiving and responding to inquiries in multiple languages regarding the End of Life Option Act, as specified.
Last Action: 05/27/2016 May 27 hearing: Held in committee and under submission.
For more information on this bill please check the Official California Legislative Information site here
AB 2624: Assemblymember Cooper (District 9)
Peace officers: community policing: report
Summary: This bill would require the Legislative Analyst’s Office, in consultation with the Commission on Peace Officer Standards and Training, to conduct a study to determine the effectiveness of community policing and engagement programs, efforts, strategies, and policies in the state, including, but not limited to, police activities leagues, neighborhood watch programs, and integrated policing.
Last Action: 05/27/2016 In committee: Held under submission.
For more information on this bill please check the Official California Legislative Information site here
AB 1594: Assemblymember McCarty (District 7)
Public postsecondary education:prohibition of smoking and vaping on campus
Summary: This bill would prohibit the smoking of a tobacco product or the use of an e-cigarette on a campus of the California State University or the California Community Colleges. The bill would authorize the enforcement of this prohibition by a fine, not to exceed $100, as specified. The bill would require the proceeds of the fine to be allocated for purposes including support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by the bill, and tobacco use cessation treatment options for students of that campus.
Last Action: 06/15/2016 Re-referred to Committee on Appropriations
For more information on this bill please check the Official California Legislative Information site here
AB 2782: Assemblymember Richard Bloom (District 50), Chiu (District 17) and Wood (District 2)
Healthy California Fund: For our Families and Children
Summary: This bill seeks to address Type 2 diabetes, dental disease, heart disease, stroke – debilitating epidemics in California – by creating a dedicated revenue source for prevention and care. The Healthy California Fund will be funded through a two cent per fluid ounce health impact fee on sugar sweetened beverages. Some of the funds created through this impact fee will go towards the State’s Indian Health Program.
Last Action: 04/12/2016 Hearing canceled at the request of the author
For more information on this bill please check the Official California Legislative Information site here
SBX2-9: Assemblymember McGuire (District 2)
Local taxes: authorization: cigarettes and tobacco products
Summary: Allows counties to impose a tax on the privilege of distributing cigarettes and tobacco products.
Last Action: 03/15/2016 From assembly without further action
For more information on this bill please check the Official California Legislative Information site here
SBX2-7: Assemblymember Hernandez (District 48)
Electronic Cigarettes
Summary: This bill recasts and broadens the definition of “tobacco product” in current law to include electronic cigarettes. It extends current restrictions, prohibitions and licensing requirements against the use of tobacco products to electronic cigarettes. However, it exempts active duty military personnel from the higher age limit and removes the criminal penalties for those under 21 that are found in possession of tobacco products.
Last Action: 05/04/16 Approved by the Governor
For more information on this bill please check the Official California Legislative Information site here
SBX2-5: Assemblymember Leno (District 13)
Electronic Cigarettes
Summary: This bill recasts and broadens the definition of “tobacco product” in current law to include electronic cigarettes. It extends current restrictions, prohibitions and licensing requirements against the use of tobacco products to electronic cigarettes.
Last Action: 05/04/2016 Approved by the Governor
For more information on this bill please check the Official California Legislative Information site here
AB 2X-16: Assemblymember Bonta (District 18) and Thurmond (District 15)
Public health: cigarette and tobacco products: electronic cigarettes:taxes: California health care, Research and Prevention Tobacco Act Tax of 2015
Summary: This bill would expand the definition of tobacco products for purposes of that act to include electronic cigarettes and thereby subject manufacturers, importers, distributors, wholesalers, and retailers of electronic cigarettes to the same licensing requirements imposed pursuant to that act on manufacturers, importers, distributors, wholesalers, and retailers of tobacco products. This bill would also impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2 per pack and impose a tax on the distribution of electronic cigarettes, as defined, based on the wholesale cost, at a rate determined annually that is equivalent to the cigarette tax rate, which would be $2.87 per package of 20 cigarettes.
Last Action: 03/15/2016 From committee without further action.
For more information on this bill please check the Official California Legislative Information site here
AB 2X-10: Assemblymember Bloom (District 50) and Senator McGuire (District 2)
Local taxes: authorization: cigarettes and tobacco products
Summary: This bill allows counties to impose a tax on the privilege of distributing cigarettes and tobacco products.
Last Action: 05/04/2016 Vetoed by the Governor
For more information on this bill please check the Official California Legislative Information site here
AB 383: Assemblymember Gipson (District 54)
Summary: The existing Hepatitis C Education, Screening, and Treatment Act helps regulate hepatitis C virus (HCV) education and outreach. The act also requires the Director of Public Health to develop a public education and outreach program aimed at increasing awareness of the HCV among high-risk groups, physician’s offices, health care workers, and health care facilities.
This bill would, until January 1, 2023 require a primary care clinic to provide primary care for patients, and conduct a HCV screening or diagnostic test. The clinic is not required to provide primary care nor screening services for a patient who has already taken a HCV screening or diagnostic test, who is receiving services in an emergency care setting, or who has declined the test within the previous 12 months.
The author contends that HCV is the most common bloodborne pathogen in the United States, and is a leading cause of complications from chronic liver disease. This bill requires primary care clinics to increase HCV tests for high risk patients and generate community awareness. The bill would result in cost pressure of around $4.5 million to increase hepatitis C testing in primary care clinics, $1-2 million for counseling and care, and $340 million for increased drug treatment on Medi-Cal.
Last Action: 01/31/2016 Died pursuant to Article IV, Sec. 10(c) of the Constitution.
For more information on this bill please check the Official California Legislative Information site here
SB 26: Senator Hernandez (District 24)
CA Health Care Cost and Quality Database
Summary: This bill would require the Secretary of California Health and Human Services to enter into a contract with one or more independent, nonprofit organizations to develop and administer the California Health Care Cost and Quality Database. The bill would require certain health care entities, including health care service plans, to provide medical claims, cost, and quality information to the California Health Care Cost and Quality Database in order to create a publicly available web-based, searchable database. This bill is intended to increase cost and quality transparency in California’s healthcare marketplace.
Last Action: 02/01/2016 Returned to Secretary of Senate pursuant to Joint Rule 56.
For more information on this bill please check the Official California Legislative Information site here
AB 41: Assembly Member Chau (District 49)
Health care coverage: Eliminating health care provider discrimination
Summary: Beginning January 1, 2016, this bill would prohibit health plans and insurers from discriminating against any health care provider acting within the scope of their license or certification by making the violation of this bill a crime. However, this does not prohibit health care services from establishing reimbursement rates based on quality or performance. According to the author, this bill is necessary to eliminate health plan discrimination against providers and allow patients to see health care providers of their choice. Health care providers should be reimbursed for covered services they are qualified to perform and that are within their scope of practice.
Enforcement costs would likely be minor for the California Department of Insurance and the Managed Care Fun/Insurance Fund).
Last Action: 02/01/2016 From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
For more information on this bill please check the Official California Legislative Information site click here
See AB 2015.
AB 374: Assemblymember Nazarian (District 46)
Health care coverage: Prescription drugs
Summary: Step Therapy is a process that requires patients to try a first-line medication before receiving coverage for a second-line medication. A patient can be required to try several medications before receiving coverage for the medication that best treats their unique condition. This bill would require the Department of Managed Health Care and the Department of Insurance to develop a step therapy override determination request form by July, 2016. “Step therapy override determination” is the ability to determine whether the step therapy protocol should be overridden due to a patient’s unique situation, in order to allow for immediate coverage of the provider’s prescription. The prescribing provider would submit the request form to the health care service plan or health insurer (collectively known as carriers), who would then have to answer the provider’s request within 72 hours for non-urgent requests, and within 24 hours for urgent requests. If the carrier denies the request, it can be appealed through a medical review process. If the carrier approves of the override form, they are prohibited from requiring a patient to undergo step therapy or fail-first protocol.
According to the author, this bill establishes a process that facilitates greater balance between a provider’s medical judgment and the carrier’s business practice. With step therapy based on solely on costs, it does not take into account an individual’s unique needs for medication.
Last Action Date: Chaptered by Secretary of State – Chapter 621, Statutes of 2015. 10/9/15
For more information on this bill please check the Official California Legislative Information site here
AB 414: Assemblymemebr Chávez (District 76)
Office of Rural Health
Summary: Existing law requires the Secretary of the California Health and Human Services Agency to establish an Office of Rural Health, or an alternative organizational structure. The Office of Rural Health serves as a source of information and referral, which helps to promote coordinated planning for the delivery of health services in rural California.
Last Action: 02/01/16 Died at the desk.
For more information on this bill please check the Official California Legislative Information site here
AB 1396: Assemblymember Bonta (District 18)
Public Health Finance
Summary: This bill allocates moneys collected by the California Tobacco Tax Act of 2015 Fund (see SB 591), for the distribution of cigarettes to various state funds. Such funds include the California Children and Families Trust Fund, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund. This bill would also make moneys collected by the California Tobacco Tax Act of 2015 Fund available to support tobacco prevention and control programs, to improve access to health care, and to supplement funding for the enforcement of laws that regulate the distribution and sale tobacco products. This bill would require the Department of Justice, the State Department of Public Health, the State Department of Education, the State Department of Health Care Services, and would request the Regents of the University of California, annually to publish an accounting of moneys received from the fund on their respective Internet Web sites. This bill would become operative only if SB 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.
According to the Assembly Appropriations Committee, this bill would allocate over $1 billion to various funds defined in this bill. The author contends that this bill together with, SB 591, would prevent kids from smoking, improve access to health care services, fund prevention and eduction efforts, and help tobacco users quit.
Last Action: 02/01/2016 From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
For more information on this bill please check the Official California Legislative Information site here
See SB 591
SB 140: Senator Leno
Electronic Cigarettes
Summary: The Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling electronic tobacco products to minors. The bill would make substantive changes to STAKE by including electronic devices, such as electronic cigarettes, that deliver nicotine or other vaporized liquids in the definition of “tobacco products.”
According to a DPH report, electronic cigarette aerosol contains at least 10 chemicals that are on California’s Proposition 65 list of chemicals known to cause cancer, birth defects, or other reproductive harm. Thus, it is important that electronic cigarettes are treated the same regarded by law as regular tobacco products, as they present serious secondhand health threats.
The author claims that overwhelming research shows that SSBs are major contributors to obesity, diabetes, and tooth decay, which cost California billions of dollars in health care and lost productivity annually. This bill helps consumers to make informed decisions and take their health into account.
Summary: The Coordinated Care Initiative (CCI), established in July 2012, was enacted to better serve the state’s low income seniors and persons with disabilities by integrating the delivery of medical, behavioral, and long- term care services.
According to the Assembly Appropriations Committee, costs to DHCS are estimated to be at most, $150,000 (50% General Fund, 50% federal) for development of the informational guide, translation, and printing and mailing costs.
Summary: This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 per cigarette, or $2.00 per pack. The wholesaler would have to file a return that reveals the number of cigarettes in its possession to date with the State Board of Equalization and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the bill’s tax rate for cigarette tax stamps.
Summary: Under existing law, a certified copy of a birth, death, marriage, or military service record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, who submits a written, faxed, or digitized image request.
