AB 326: Health care service plans: Consumer Participation Program.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-09
Existing law, until January 1, 2024, requires the Director of the Department of Managed Health Care to establish the Consumer Participation Program, which allows the director to award reasonable advocacy and witness fees to a person or organization that represents consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or with regard to an order or decision impacting a significant number of enrollees. By March 1, 2004, and annually thereafter, existing law requires the department to report to specified committees of the Legislature on prescribed information relating to the program, including the amount of reasonable advocacy and witness fees awarded.
This bill would indefinitely extend the operation of that program, would delete the annual reporting requirement to the specified legislative committees, and would instead require the department to annually post that information on its public internet website by March 1, 2022, and each March 1 thereafter.
Existing law, until January 1, 2024, requires the Director of the Department of Managed Health Care to establish the Consumer Participation Program, which allows the director to award reasonable advocacy and witness fees to a person or organization that represents consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or with regard to an order or decision impacting a significant number of enrollees. By March 1, 2004, and annually thereafter, existing law requires the department to report to specified committees of the Legislature on prescribed information relating to the program, including the amount of reasonable advocacy and witness fees awarded.
This bill would indefinitely extend the operation of that program, would delete the annual reporting requirement to the specified legislative committees, and would instead require the department to annually post that information on its public internet website by March 1, 2022, and each March 1 thereafter.
Existing law, until January 1, 2024, requires the Director of the Department of Managed Health Care to establish the Consumer Participation Program, which allows the director to award reasonable advocacy and witness fees to a person or organization that represents consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or with regard to an order or decision impacting a significant number of enrollees. By March 1, 2004, and annually thereafter, existing law requires the department to report to specified committees of the Legislature on prescribed information relating to the program, including the amount of reasonable advocacy and witness fees awarded.
This bill would indefinitely extend the operation of that program indefinitely. program, would delete the annual reporting requirement to the specified legislative committees, and would instead require the department to annually post that information on its public internet website by March 1, 2022, and each March 1 thereafter.
Existing law, until January 1, 2024, requires the Director of the Department of Managed Health Care to establish the Consumer Participation Program, which allows the director to award reasonable advocacy and witness fees to a person or organization that represents consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or with regard to an order or decision impacting a significant number of enrollees.
This bill would extend the operation of that program indefinitely.
(a)On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Participation Program, which shall allow for the director to award reasonable advocacy and witness fees to a person or organization that demonstrates that the person or organization represents the interests of consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or to an order or decision made by the director if the order or decision has the potential to impact a significant number of enrollees.
(b)The regulations adopted by the director shall include specifications for eligibility of participation, rates of compensation, and procedures for seeking compensation. The regulations shall require that the person or organization demonstrate a record of advocacy on behalf of health care consumers in administrative or legislative proceedings in order to determine whether the person or organization represents the interests of consumers.
(c)This section applies to all proceedings of the department, but does not apply to resolution of individual grievances, complaints, or cases.
(d)Fees awarded pursuant to this section may not exceed three hundred fifty thousand dollars ($350,000) each fiscal year.
(e)The fees awarded pursuant to this section shall be considered costs and expenses pursuant to Section 1356 and shall be paid from the assessment made under that section. The amount of the assessment shall not be increased to pay the fees awarded under this section.
(f)By March 1, 2022, and annually each March 1 thereafter, the department shall post all of the following information on its public internet website:
(1)The amount of reasonable advocacy and witness fees awarded each fiscal year.
(2)The individuals or organization to whom advocacy and witness fees were awarded pursuant to this section.
(3)The orders, decisions, and regulations pursuant to which the advocacy and witness fees were awarded.
(a)On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Participation Program, which shall allow for the director to award reasonable advocacy and witness fees to a person or organization that demonstrates that the person or organization represents the interests of consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or to an order or decision made by the director if the order or decision has the potential to impact a significant number of enrollees.
(b)The regulations adopted by the director shall include specifications for eligibility of participation, rates of compensation, and procedures for seeking compensation. The regulations shall require that the person or organization demonstrate a record of advocacy on behalf of health care consumers in administrative or legislative proceedings in order to determine whether the person or organization represents the interests of consumers.
(c)This section applies to all proceedings of the department, but does not apply to resolution of individual grievances, complaints, or cases.
(d)Fees awarded pursuant to this section may not exceed three hundred fifty thousand dollars ($350,000) each fiscal year.
(e)The fees awarded pursuant to this section shall be considered costs and expenses pursuant to Section 1356 and shall be paid from the assessment made under that section. The amount of the assessment shall not be increased to pay the fees awarded under this section.
(f)By March 1, 2022, and annually each March 1 thereafter, the department shall post all of the following information on its public internet website:
(1)The amount of reasonable advocacy and witness fees awarded each fiscal year.
(2)The individuals or organization to whom advocacy and witness fees were awarded pursuant to this section.
(3)The orders, decisions, and regulations pursuant to which the advocacy and witness fees were awarded.
(a)On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Participation Program, which shall allow for the director to award reasonable advocacy and witness fees to a person or organization that demonstrates that the person or organization represents the interests of consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or to an order or decision made by the director if the order or decision has the potential to impact a significant number of enrollees.
(b)The regulations adopted by the director shall include specifications for eligibility of participation, rates of compensation, and procedures for seeking compensation. The regulations shall require that the person or organization demonstrate a record of advocacy on behalf of health care consumers in administrative or legislative proceedings in order to determine whether the person or organization represents the interests of consumers.
(c)This section applies to all proceedings of the department, but does not apply to resolution of individual grievances, complaints, or cases.
(d)Fees awarded pursuant to this section may not exceed three hundred fifty thousand dollars ($350,000) each fiscal year.
(e)The fees awarded pursuant to this section shall be considered costs and expenses pursuant to Section 1356 and shall be paid from the assessment made under that section. The amount of the assessment shall not be increased to pay the fees awarded under this section.
(f)The department shall report to the appropriate policy and fiscal committees of the Legislature before March 1, 2004, and annually thereafter, the following information:(f)By March 1, 2022, and annually each March 1 thereafter, the department shall post all of the following information on its public internet website:
(1)The amount of reasonable advocacy and witness fees awarded each fiscal year.
(2)The individuals or organization to whom advocacy and witness fees were awarded pursuant to this section.
(3)The orders, decisions, and regulations pursuant to which the advocacy and witness fees were awarded.
(a)On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Participation Program, which shall allow for the director to award reasonable advocacy and witness fees to any a person or organization that demonstrates that the person or organization represents the interests of consumers and has made a substantial contribution on behalf of consumers to the adoption of any a regulation or to an order or decision made by the director if the order or decision has the potential to impact a significant number of enrollees.
(b)The regulations adopted by the director shall include specifications for eligibility of participation, rates of compensation, and procedures for seeking compensation. The regulations shall require that the person or organization demonstrate a record of advocacy on behalf of health care consumers in administrative or legislative proceedings in order to determine whether the person or organization represents the interests of consumers.
(c)This section shall apply applies to all proceedings of the department, but shall does not apply to resolution of individual grievances, complaints, or cases.
(d)Fees awarded pursuant to this section may not exceed three hundred fifty thousand dollars ($350,000) each fiscal year.
(e)The fees awarded pursuant to this section shall be considered costs and expenses pursuant to Section 1356 and shall be paid from the assessment made under that section. Notwithstanding the provisions of this subdivision, the The amount of the assessment shall not be increased to pay the fees awarded under this section.
(f)The department shall report to the appropriate policy and fiscal committees of the Legislature before March 1, 2004, and annually thereafter, the following information:
(1)The amount of reasonable advocacy and witness fees awarded each fiscal year.
(2)The individuals or organization to whom advocacy and witness fees were awarded pursuant to this section.
(3)The orders, decisions, and regulations pursuant to which the advocacy and witness fees were awarded.
(g)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.|
Date
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Status
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|---|---|
| Oct 9, 2021 | Chaptered by Secretary of State - Chapter 741, Statutes of 2021. |
| Oct 9, 2021 | Approved by the Governor. |
| Sep 17, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 9, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 15. Page 2970.). |
| Sep 8, 2021 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2516.). |
| Sep 7, 2021 | Read second time. Ordered to third reading. |
| Sep 3, 2021 | Read third time and amended. Ordered to second reading. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 5. Noes 2.) (August 26). |
| Jul 5, 2021 | In committee: Referred to suspense file. |
| Jun 16, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 16). Re-referred to Com. on APPR. |
| Jun 8, 2021 | In committee: Hearing postponed by committee. |
| May 19, 2021 | Referred to Com. on HEALTH. |
| May 11, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 13. Page 1355.) |
| Apr 15, 2021 | Read second time. Ordered to third reading. |
| Apr 14, 2021 | From committee: Do pass. (Ayes 12. Noes 4.) (April 14). |
| Mar 24, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (March 23). Re-referred to Com. on APPR. |
| Feb 12, 2021 | Referred to Com. on HEALTH. |
| Jan 27, 2021 | From printer. May be heard in committee February 26. |
| Jan 26, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 9, 2021 | AB 326 Luz Rivas Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Sep 8, 2021 | Assembly 3rd Reading AB326 Luz Rivas By Becker | Senate Floor |
Passed |
|
| May 10, 2021 | AB 326 Luz Rivas Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
Bill Co-Author(s):