BILL NUMBER: AB 1420	CHAPTERED
	BILL TEXT

	CHAPTER  275
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2013
	PASSED THE SENATE  AUGUST 15, 2013
	PASSED THE ASSEMBLY  AUGUST 19, 2013
	AMENDED IN SENATE  JULY 11, 2013
	AMENDED IN SENATE  JUNE 6, 2013

INTRODUCED BY   Committee on Accountability and Administrative Review
(Frazier (Chair), Achadjian (Vice Chair), Buchanan, Ian Calderon,
Cooley, Gorell, Hagman, Lowenthal, Medina, and Salas)

                        MARCH 21, 2013

   An act to amend Sections 1917.1, 2028.5, and 12104 of the Business
and Professions Code, to amend Section 1727 of the Fish and Game
Code, to amend Sections 19849.11 and 22959.6 of the Government Code,
to amend Section 25722.8 of the Public Resources Code, to amend
Section 8352.4 of the Revenue and Taxation Code, and to amend
Sections 4024, 11462, and 14701 of the Welfare and Institutions Code,
relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1420, Committee on Accountability and Administrative Review.
State government: state agencies: reports.
   Existing law requires various state agencies to submit certain
reports, plans, evaluations, and other similar documents to the
Legislature and other state agencies.
   This bill would eliminate provisions that require certain state
agencies to submit certain reports to the Legislature and other state
agencies. The bill would also modify requirements of certain reports
by requiring, among other things, that reports be placed on the
Internet Web site of the reporting agency rather than to be submitted
to the Legislature or other state agencies, or requiring certain
state agencies to collaborate with other state agencies in preparing
those reports. The bill would also modify cross-references.
   This bill would make various conforming changes.


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

  SECTION 1.  Section 1917.1 of the Business and Professions Code is
amended to read:
   1917.1.  (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
   (1) A completed application form and all fees required by the
committee.
   (2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
   (3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years immediately preceding the date
of his or her application under this section. The clinical practice
requirement shall be deemed met if the applicant provides proof of at
least three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the
committee a copy of a pending contract to practice dental hygiene in
any of the following facilities:
   (A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
   (B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
   (C) A clinic owned or operated by a public hospital or health
system.
   (D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
   (5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she, is or has been previously,
issued any professional or vocational license. If the applicant has
been subject to disciplinary action, the committee shall review that
action to determine if it warrants refusal to issue a license to the
applicant.
   (6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
   (7) Proof of satisfactory completion of the National Dental
Hygiene Board Examination and of a state clinical examination,
regional clinical licensure examination, or any other clinical dental
hygiene examination approved by the committee.
   (8) Proof that the applicant has not failed the state clinical
examination, the examination given by the Western Regional Examining
Board, or any other clinical dental hygiene examination approved by
the committee for licensure to practice dental hygiene under this
chapter more than once or once within five years prior to the date of
his or her application for a license under this section.
   (9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
   (10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
   (b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
   (c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas in the state.
   (2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
  SEC. 2.  Section 2028.5 of the Business and Professions Code is
amended to read:
   2028.5.  (a) The board may establish a pilot program to expand the
practice of telehealth in this state.
   (b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
   (c) The purpose of the pilot program shall be to develop methods,
using a telehealth model, to deliver throughout the state health care
to persons with chronic diseases as well as information on the best
practices for chronic disease management services and techniques and
other health care information as deemed appropriate.
  SEC. 3.  Section 12104 of the Business and Professions Code is
amended to read:
   12104.  (a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by these
officers in the discharge of their duties.
   (b) Instructions and recommendations that are made to ensure
statewide weights and measures protection shall include a local
administration cost analysis utilizing data provided by the county
sealer. The cost analysis shall identify the joint programs or
activities for which funds necessary to maintain adequate county
administration and enforcement have not been provided. The secretary
shall develop, jointly with the county sealers, county priorities for
the enforcement programs and activities of the secretary.
  SEC. 4.  Section 1727 of the Fish and Game Code is amended to read:

   1727.  (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
   (b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
   (c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
   (d) The department shall prepare and complete management plans for
all wild trout waters not more than three years following their
initial designation by the commission and update the management plan
every five years following completion of the initial management plan.

  SEC. 5.  Section 19849.11 of the Government Code is amended to
read:
   19849.11.  The Department of Human Resources, subject to any
condition that it may establish, subject to existing statutes
governing health benefits and group term life insurance offered
through the Public Employees' Retirement System, and subject to all
other applicable provisions of state law, may enter into contracts
for the purchase of employee benefits with respect to managerial and
confidential employees as defined by subdivisions (e) and (f) of
Section 3513, and employees excluded from the definition of state
employee in subdivision (c) of Section 3513, and officers or
employees of the executive branch of government who are not members
of the civil service, and supervisory employees as defined in
subdivision (g) of Section 3513. Benefits shall include, but not be
limited to, group life insurance, group disability insurance,
long-term disability insurance, group automobile liability and
physical damage insurance, and homeowners' and renters' insurance.
   The department may self-insure the long-term disability insurance
program if it is cost effective to do so.
  SEC. 6.  Section 22959.6 of the Government Code is amended to read:

   22959.6.  (a) The Department of Human Resources may contract with
one or more vision care plans for annuitants and eligible family
members, provided the carrier or carriers have operated successfully
in the area of vision care benefits for a reasonable period, as
determined by the Department of Human Resources.
   (b) The Department of Human Resources, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be paid
by the annuitant for the vision care plan. The premium to be paid by
the annuitant shall be deducted from his or her monthly allowance.
If there are insufficient funds in an annuitant's allowance to pay
the premium, the plan provider shall directly bill the annuitant. A
vision care plan or plans provided under this authority shall be
funded by the annuitant's premium. All premiums received from
annuitants shall be deposited in the Vision Care Program for State
Annuitants Fund, which is hereby created in the State Treasury. Any
income earned on the moneys in the Vision Care Program for State
Annuitants Fund shall be credited to the fund. Notwithstanding
Section 13340, moneys in the fund are continuously appropriated for
the purposes specified in subdivision (d).
   (c) An annuitant may enroll in a vision care plan provided by a
carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, this section may not
be construed to require an annuitant to enroll in a vision care plan
and a health benefit plan provided by the same carrier. An annuitant
enrolled in this program shall only enroll into a vision plan or
vision plans contracted for by the Department of Human Resources.
   (d) A contract for a vision care plan may not be entered into
unless the Department of Human Resources determines it is reasonable
to do so. Notwithstanding any other provision of law, any premium
moneys paid into this program by annuitants for the purposes of the
annuitant vision care plan that is contracted for shall be used for
the cost of providing vision care benefits to eligible, enrolled
annuitants and their eligible and enrolled dependents, the payment of
claims for those vision benefits, and the cost of administration of
the vision care plan or plans under this vision care program, those
costs being determined by the Department of Human Resources.
   (e) If the Director of Human Resources determines that it is not
economically feasible to continue this program anytime after its
commencement, the director may, upon written notice to enrollees and
to the contracting plan or plans, terminate this program within a
reasonable time. The notice of termination to the plan or plans shall
be determined by the Department of Human Resources. The notice to
enrollees of the termination of the program shall commence no later
than three months prior to the actual date of termination of the
program.
   (f) Premium rates for this program shall be determined by the
Department of Human Resources in conjunction with the contracted plan
or plans and shall be considered separate and apart from active
employee premium rates.
  SEC. 7.  Section 25722.8 of the Public Resources Code is amended to
read:
   25722.8.  (a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
   (1) By January 1, 2012, a 10-percent reduction or displacement.
   (2) By January 1, 2020, a 20-percent reduction or displacement.
   (b)  Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall post the progress report on its Internet Web
site.
   (c) (1) The Department of General Services shall encourage, to the
extent feasible, the operation of state alternatively fueled
vehicles on the alternative fuel for which the vehicle is designed
and the development of commercial infrastructure for alternative fuel
pumps and charging stations at or near state vehicle fueling or
parking sites.
   (2) The Department of General Services shall work with other
public agencies to incentivize and promote, to the extent feasible,
state employee operation of alternatively fueled vehicles through
preferential or reduced-cost parking, access to charging, or other
means.
   (3) For purposes of this subdivision, "alternatively fueled
vehicles" means light-, medium-, and heavy-duty vehicles that reduce
petroleum usage and related emissions by using advanced technologies
and fuels, including, but not limited to, hybrid, plug-in hybrid,
battery electric, natural gas, or fuel cell vehicles and including
those vehicles described in Section 5205.5 of the Vehicle Code.
  SEC. 8.  Section 8352.4 of the Revenue and Taxation Code is amended
to read:
   8352.4.  (a) Subject to Sections 8352 and 8352.1, and except as
otherwise provided in subdivision (b), there shall be transferred
from the money deposited to the credit of the Motor Vehicle Fuel
Account to the Harbors and Watercraft Revolving Fund, for expenditure
in accordance with Division 1 (commencing with Section 30) of the
Harbors and Navigation Code, the sum of six million six hundred
thousand dollars ($6,600,000) per annum, representing the amount of
money in the Motor Vehicle Fuel Account attributable to taxes imposed
on distributions of motor vehicle fuel used or usable in propelling
vessels. The actual amount shall be calculated using the annual
reports of registered boats prepared by the Department of Motor
Vehicles for the United States Coast Guard and the formula and method
of the December 1972 report prepared for this purpose and submitted
to the Legislature on December 26, 1972, by the Director of
Transportation. If the amount transferred during each fiscal year is
in excess of the calculated amount, the excess shall be retransferred
from the Harbors and Watercraft Revolving Fund to the Motor Vehicle
Fuel Account. If the amount transferred is less than the amount
calculated, the difference shall be transferred from the Motor
Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No
adjustment shall be made if the computed difference is less than
fifty thousand dollars ($50,000), and the amount shall be adjusted to
reflect any temporary or permanent increase or decrease that may be
made in the rate under the Motor Vehicle Fuel Tax Law. Payments
pursuant to this section shall be made prior to payments pursuant to
Section 8352.2.
   (b) Commencing July 1, 2012, the revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 and otherwise to be deposited in the Harbors and Watercraft
Revolving Fund pursuant to subdivision (a) shall instead be
transferred to the General Fund. The revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 that were deposited in the Harbors and Watercraft Revolving
Fund in the 2010-11 and 2011-12 fiscal years shall be transferred to
the General Fund.
  SEC. 9.  Section 4024 of the Welfare and Institutions Code is
amended to read:
   4024.  The State Department of State Hospitals proposed
allocations for level-of-care staffing in state hospitals that serve
persons with mental disabilities shall be submitted to the Department
of Finance for review and approval in July and again on a quarterly
basis. Each quarterly report shall include an analysis of client
characteristics of admissions and discharges in addition to
information on any changes in characteristics of current residents.
   The State Department of State Hospitals shall submit by January 1
and May 1 to the Department of Finance for its approval: (a) all
assumptions underlying estimates of state hospital mentally disabled
population; and (b) a comparison of the actual and estimated
population levels for the year to date. If the actual population
differs from the estimated population by 50 or more, the department
shall include in its reports an analysis of the causes of the change
and the fiscal impact. The Department of Finance shall approve or
modify the assumptions underlying all population estimates within 15
working days of their submission. If the Department of Finance does
not approve or modify the assumptions by that date, the assumptions,
as presented by the submitting department, shall be deemed to be
accepted by the Department of Finance as of that date.
  SEC. 10.  Section 11462 of the Welfare and Institutions Code is
amended to read:
   11462.  (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
   (2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
   (3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
   (B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
   (b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.

   (c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453. The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993.
   (d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
   (e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
   (1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate.
   (ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of AFDC-FC
eligible children to all children in placement.
   (iii) Pending the department's issuance of the program audit
report that determines the RCL for the group home program, the group
home program shall be eligible to receive a provisional rate that
shall be based on the level of care and service that the group home
program proposes it will provide. The group home program shall be
eligible to receive only the RCL determined by the department during
the pendency of any appeal of the department's RCL determination.
   (B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
   (C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
   (i) Records of each employee's full name, home address,
occupation, and social security number.
   (ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
   (iii) Total wages paid each payroll period.
   (iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
   (D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report. When
the group home provider requests a hearing on the department's RCL
determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
   (E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
   (2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
   (3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
                                     pursuant to paragraph (2) of
subdivision (b) of Section 11466.2.
   (4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
   (f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is:
                                       FY 2002-03,
                                     2003-04, 2004-
                                      05, 2005-06,
                                      2006-07, and
                                         2007-08
  Rate Classification  Point ranges   Standard Rate
         Level
           1              Under 60       $1,454
           2                60-89         1,835
           3                90-119        2,210
           4               120-149        2,589
           5               150-179        2,966
           6               180-209        3,344
           7               210-239        3,723
           8               240-269        4,102
           9               270-299        4,479
          10               300-329        4,858
          11               330-359        5,234
          12               360-389        5,613
          13               390-419        5,994
          14              420 & Up        6,371


   (2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
                         Adjusted Point Ranges
                       for the 2002-03, 2003-04,
         Rate          2004-05, 2005-06, 2006-07,
    Classification    2007-08, 2008-09, and 2009-
        Level               10 Fiscal Years
          1                     Under 54
          2                      54-81
          3                      82-110
          4                     111-138
          5                     139-167
          6                     168-195
          7                     196-224
          8                     225-253
          9                     254-281
          10                    282-310
          11                    311-338
          12                    339-367
          13                    368-395
          14                    396 & Up


   (B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations, as contained in Title 22 of the California Code of
Regulations.
   (C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
   (D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.
   (3) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2009-10 fiscal year the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
         Rate             Adjusted Point Ranges
    Classification           for the 2009-10
         Level                Fiscal Years
           1                    Under 39
           2                      39-64
           3                      65-90
           4                      91-115
           5                     116-141
           6                     142-167
           7                     168-192
           8                     193-218
           9                     219-244
          10                     245-270
          11                     271-295
          12                     296-321
          13                     322-347
          14                     348 & Up


   (B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.
   (C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
   (g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
   (2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
   (3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
   (4) Effective January 1, 2008, the amount included in the standard
rate for each RCL for the wages for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 5 percent, and the amount included for the payroll taxes
and other employer-paid benefits for these staff shall be increased
from 20.325 percent to 24 percent. The standard rate for each RCL
shall be recomputed using these adjusted amounts, and the resulting
rates shall constitute the new standardized schedule of rates.
   (5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.
   (6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.
   (h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
   (1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
   (2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
   (i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county, the primary placing
county, or a regional consortium of counties that includes all of the
following:
   (A) That the program is needed by that county.
   (B) That the provider is capable of effectively and efficiently
operating the program.
   (C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care and services that will be provided by the
program.
   (D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification and
to discuss options with the primary placing county.
   (2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
   (3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
   (j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
   (k) For the purpose of this subdivision, "program change" means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
   (l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
  SEC. 11.  Section 14701 of the Welfare and Institutions Code is
amended to read:
   14701.  (a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health and the
California Health and Human Services Agency, shall create a state
administrative and programmatic transition plan, either as one
comprehensive transition plan or separately, to guide the transfer of
the Medi-Cal specialty mental health managed care and the EPSDT
Program to the State Department of Health Care Services effective
July 1, 2012.
   (b) (1) Commencing no later than July 15, 2011, the State
Department of Health Care Services, together with the State
Department of Mental Health, shall convene a series of stakeholder
meetings and forums to receive input from clients, family members,
providers, counties, and representatives of the Legislature
concerning the transition and transfer of Medi-Cal specialty mental
health managed care and the EPSDT Program. This consultation shall
inform the creation of a state administrative transition plan and a
programmatic transition plan that shall include, but is not limited
to, the following components:
   (A) The plan shall ensure that it is developed in a way that
continues access and quality of service during and immediately after
the transition, preventing any disruption of services to clients and
family members, providers and counties, and others affected by this
transition.
   (B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the EPSDT
Program.
   (C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program will
be transferred. These explanations shall also be developed for the
transition of positions and staff serving Medi-Cal specialty mental
health managed care and the EPSDT Program, and how these will relate
to, and align with, positions at the State Department of Health Care
Services. The State Department of Health Care Services and the
California Health and Human Services Agency shall consult with the
Department of Personnel Administration in developing this aspect of
the transition plan.
   (D) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
   (E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light of
the requirements of subparagraphs (A) to (C), inclusive, and includes
focused, high-level leadership for behavioral health issues.
   (F) A description of how stakeholders were included in the various
phases of the planning process to formulate the transition plans and
a description of how their feedback will be taken into consideration
after transition activities are underway.
   (2) The State Department of Health Care Services, together with
the State Department of Mental Health and the California Health and
Human Services Agency, shall convene and consult with stakeholders at
least twice following production of a draft of the transition plans
and before submission of transition plans to the Legislature.
Continued consultation with stakeholders shall occur in accordance
with the requirement in subparagraph (F) of paragraph (1).