AB 503: Health care: organ donation enrollment.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-04-13
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and 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 requires the department, in consultation with the board governing the California Health Benefit Exchange, to develop a single paper, electronic, and telephone application for insurance affordability programs, including Medi-Cal.
This bill would require the single written or electronic application for insurance affordability programs to include a space for the applicant department to modify the electronic application for insurance affordability programs to add an option for individuals to enroll in the Donate Life California Organ and Tissue Donor Registry and Registry. The bill would require the application option to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. The bill would require the option to be voluntary to complete and to not be a required part of the application. The bill would also require the application to include a specified disclosure related to organ and tissue donations. donations to be included with the check boxes described above. The bill would require the department to electronically transmit specified information related to enrollment in the registry on a weekly basis to the Donate Life California nonprofit organization.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and 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 requires the department, in consultation with the board governing the California Health Benefit Exchange, to develop a single paper, electronic, and telephone application for insurance affordability programs, including Medi-Cal.
This bill would require the single written or electronic application for insurance affordability programs to include a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and would require the application to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. The bill would also require the application to include a specified disclosure related to organ and tissue donations. The bill would require the department to electronically transmit specified information related to enrollment in the registry on a weekly basis to the Donate Life California nonprofit organization.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and 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 requires the department, in consultation with the board governing the California Health Benefit Exchange, to develop a single paper, electronic, and telephone application for insurance affordability programs, including Medi-Cal.
This bill would require the single application for insurance affordability programs to include a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and would require the application to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. The bill would require the department to electronically transmit specified information related to enrollment in the registry on a weekly basis to the Donate Life California nonprofit organization.
(a)The following definitions apply for purposes of this part:
(1)Accessible means in compliance with Section 11135 of the Government Code, Section 1557 of the PPACA, and regulations or guidance adopted pursuant to these statutes.
(2)Limited-English-proficient means not speaking English as ones primary language and having a limited ability to read, speak, write, or understand English.
(3)Insurance affordability program means a program that is one of the following:
(A)The Medi-Cal program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(B)The states childrens health insurance program (CHIP) under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.).
(C)A program that makes available to qualified individuals coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code.
(4)A program that makes available coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with cost-sharing reductions established under Section 1402 of PPACA and any subsequent amendments to that act.
(b)An individual shall have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means.
(c)(1)A single, accessible, standardized paper, electronic, and telephone application for insurance affordability programs shall be developed by the department in consultation with MRMIB and the board governing the Exchange as part of the stakeholder process described in subdivision (b) of Section 15925. The application shall be used by all entities authorized to make an eligibility determination for any of the insurance affordability programs and by their agents.
(2)(A)A written or electronic application shall contain a space for the applicant The department shall modify the electronic application to add an option for individuals to enroll in the Donate Life California Organ and Tissue Donor Registry. The option shall be voluntary to complete and not a required part of the application. The application enrollment option shall include check boxes for an applicant to mark either (i) Yes, add my name to the donor registry or (ii) I do not wish to register at this time.
(B)On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicants decision to enroll in the organ donation program:
(i)The applicants true full name.
(ii)The applicants residence or mailing address.
(iii)The applicants year of birth.
(iv)The applicants California drivers license number or identification card number.
(C)The following disclosure shall be included on the application with the organ and tissue donation check boxes described in subparagraph (A):
By registering as an organ and tissue donor you are legally authorizing the recovery of organs and tissues in the event of your death. As outlined in Californias Uniform Anatomical Gift Act, your authorization is legally binding and your decision does not require the consent of, nor can it be revoked by, another person unless the donor is under 18 years of age. For minors, the legal guardian makes the final decision. To remove your name from the registry, limit your donation, or place usage restrictions, for example, indicating that the donation is for research or restricting the donation to certain organs, you must contact Donate Life California at 1-866-797-2366 or www.donateLIFEcalifornia.org.
(3)The department may develop and require the use of supplemental forms to collect additional information needed to determine eligibility on a basis other than the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments, as provided under Section 435.907(c) of Title 42 of the Code of Federal Regulations.
(4)The application shall be tested and operational by the date as required by the federal Secretary of Health and Human Services.
(5)The application form shall, to the extent not inconsistent with federal statutes, regulations, and guidance, satisfy all of the following criteria:
(A)The form shall include simple, user-friendly language and instructions.
(B)The form may not ask for information related to a nonapplicant that is not necessary to determine eligibility in the applicants particular circumstances.
(C)The form may require only information necessary to support the eligibility and enrollment processes for insurance affordability programs.
(D)The form may be used for, but shall not be limited to, screening.
(E)The form may ask, or be used otherwise to identify, if the mother of an infant applicant under one year of age had coverage through an insurance affordability program for the infants birth, for the purpose of automatically enrolling the infant into the applicable program without the family having to complete the application process for the infant.
(F)The form may include questions that are voluntary for applicants to answer regarding demographic data categories, including race, ethnicity, primary language, disability status, and other categories recognized by the federal Secretary of Health and Human Services under Section 4302 of the PPACA.
(G)Until January 1, 2016, the department shall instruct counties to not reject an application that was in existence prior to January 1, 2014, but to accept the application and request any additional information needed from the applicant in order to complete the eligibility determination process. The department shall work with counties and consumer advocates to develop the supplemental questions.
(d)Nothing in this section shall preclude the use of a provider-based application form or enrollment procedures for insurance affordability programs or other health programs that differs from the application form described in subdivision (c), and related enrollment procedures. Nothing in this section shall preclude the use of a joint application, developed by the department and the State Department of Social Services, that allows for an application to be made for multiple programs, including, but not limited to, CalWORKs, CalFresh, and insurance affordability programs.
(e)The entity making the eligibility determination shall grant eligibility immediately whenever possible and with the consent of the applicant in accordance with the state and federal rules governing insurance affordability programs.
(f)(1)If the eligibility, enrollment, and retention system has the ability to prepopulate an application form for insurance affordability programs with personal information from available electronic databases, an applicant shall be given the option, with their informed consent, to have the application form prepopulated. Before a prepopulated application is submitted to the entity authorized to make eligibility determinations, the individual shall be given the opportunity to provide additional eligibility information and to correct any information retrieved from a database.
(2)All insurance affordability programs may accept self-attestation, instead of requiring an individual to produce a document, for age, date of birth, family size, household income, state residence, pregnancy, and any other applicable criteria needed to determine the eligibility of an applicant or recipient, to the extent permitted by state and federal law.
(3)An applicant or recipient shall have their information electronically verified in the manner required by the PPACA and implementing federal regulations and guidance and state law.
(4)Before an eligibility determination is made, the individual shall be given the opportunity to provide additional eligibility information and to correct information.
(5)The eligibility of an applicant shall not be delayed beyond the timeliness standards as provided in Section 435.912 of Title 42 of the Code of Federal Regulations or denied for any insurance affordability program unless the applicant is given a reasonable opportunity, of at least the kind provided for under the Medi-Cal program pursuant to Section 14007.5 and paragraph (7) of subdivision (e) of Section 14011.2, to resolve discrepancies concerning any information provided by a verifying entity.
(6)To the extent federal financial participation is available, an applicant shall be provided benefits in accordance with the rules of the insurance affordability program, as implemented in federal regulations and guidance, for which the applicant otherwise qualifies until a determination is made that they are not eligible and all applicable notices have been provided. Nothing in this section shall be interpreted to grant presumptive eligibility if it is not otherwise required by state law, and, if so required, then only to the extent permitted by federal law.
(g)The eligibility, enrollment, and retention system shall offer an applicant and recipient assistance with their application or renewal for an insurance affordability program in person, over the telephone, by mail, online, or through other commonly available electronic means and in a manner that is accessible to individuals with disabilities and those who are limited-English proficient.
(h)(1)During the processing of an application, renewal, or a transition due to a change in circumstances, an entity making eligibility determinations for an insurance affordability program shall ensure that an eligible applicant and recipient of insurance affordability programs that meets all program eligibility requirements and complies with all necessary requests for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary. The individual shall be informed about how to obtain information about the status of their application, renewal, or transfer to another program at any time, and the information shall be promptly provided when requested.
(2)The application or case of an individual screened as not eligible for Medi-Cal on the basis of Modified Adjusted Gross Income (MAGI) household income but who may be eligible on the basis of being 65 years of age or older, or on the basis of blindness or disability, shall be forwarded to the Medi-Cal program for an eligibility determination. During the period this application or case is processed for a non-MAGI Medi-Cal eligibility determination, if the applicant or recipient is otherwise eligible for an insurance affordability program, they shall be determined eligible for that program.
(3)Renewal procedures shall include all available methods for reporting renewal information, including, but not limited to, face-to-face, telephone, mail, and online renewal or renewal through other commonly available electronic means.
(4)An applicant who is not eligible for an insurance affordability program for a reason other than income eligibility, or for any reason in the case of applicants and recipients residing in a county that offers a health coverage program for individuals with income above the maximum allowed for the Exchange premium tax credits, shall be referred to the county health coverage program in the applicants county of residence.
(i)Notwithstanding subdivisions (e), (f), and (j), before an online applicant who appears to be eligible for the Exchange with a premium tax credit or reduction in cost sharing, or both, may be enrolled in the Exchange, both of the following shall occur:
(1)The applicant shall be informed of the overpayment penalties under the federal Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9), if the individuals annual family income increases by a specified amount or more, calculated on the basis of the individuals current family size and current income, and that penalties are avoided by prompt reporting of income increases throughout the year.
(2)The applicant shall be informed of the penalty for failure to have minimum essential health coverage.
(j)The department shall, in coordination with MRMIB and the Exchange board, streamline and coordinate all eligibility rules and requirements among insurance affordability programs using the least restrictive rules and requirements permitted by federal and state law. This process shall include the consideration of methodologies for determining income levels, assets, rules for household size, citizenship and immigration status, and self-attestation and verification requirements.
(k)(1)Forms and notices developed pursuant to this section shall be accessible and standardized, as appropriate, and shall comply with federal and state laws, regulations, and guidance prohibiting discrimination.
(2)Forms and notices developed pursuant to this section shall be developed using plain language and shall be provided in a manner that affords meaningful access to limited-English-proficient individuals, in accordance with applicable state and federal law, and at a minimum, provided in the same threshold languages as required for Medi-Cal managed care plans.
(l)The department, the California Health and Human Services Agency, MRMIB, and the Exchange board shall establish a process for receiving and acting on stakeholder suggestions regarding the functionality of the eligibility systems supporting the Exchange, including the activities of all entities providing eligibility screening to ensure the correct eligibility rules and requirements are being used. This process shall include consumers and their advocates, be conducted no less than quarterly, and include the recording, review, and analysis of potential defects or enhancements of the eligibility systems. The process shall also include regular updates on the work to analyze, prioritize, and implement corrections to confirmed defects and proposed enhancements, and to monitor screening.
(m)In designing and implementing the eligibility, enrollment, and retention system, the department, MRMIB, and the Exchange board shall ensure that all privacy and confidentiality rights under the PPACA and other federal and state laws are incorporated and followed, including responses to security breaches.
(n)Except as otherwise specified, this section shall be operative on January 1, 2014.
(a)The following definitions apply for purposes of this part:
(1)Accessible means in compliance with Section 11135 of the Government Code, Section 1557 of the PPACA, and regulations or guidance adopted pursuant to these statutes.
(2)Limited-English-proficient means not speaking English as ones primary language and having a limited ability to read, speak, write, or understand English.
(3)Insurance affordability program means a program that is one of the following:
(A)The Medi-Cal program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(B)The states childrens health insurance program (CHIP) under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.).
(C)A program that makes available to qualified individuals coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code.
(4)A program that makes available coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with cost-sharing reductions established under Section 1402 of PPACA and any subsequent amendments to that act.
(b)An individual shall have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means.
(c)(1)A single, accessible, standardized paper, electronic, and telephone application for insurance affordability programs shall be developed by the department in consultation with MRMIB and the board governing the Exchange as part of the stakeholder process described in subdivision (b) of Section 15925. The application shall be used by all entities authorized to make an eligibility determination for any of the insurance affordability programs and by their agents.
(2)(A)A written or electronic application shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (i) Yes, add my name to the donor registry or (ii) I do not wish to register at this time.
(B)On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicants decision to enroll in the organ donation program:
(i)The applicants true full name.
(ii)The applicants residence or mailing address.
(iii)The applicants year of birth.
(iv)The applicants California drivers license number or identification card number.
(C)The following disclosure shall be included on the application with the organ and tissue donation check boxes described in subparagraph (A):
By registering as an organ and tissue donor you are legally authorizing the recovery of organs and tissues in the event of your death. As outlined in Californias Uniform Anatomical Gift Act, your authorization is legally binding and your decision does not require the consent of, nor can it be revoked by, another person unless the donor is under 18 years of age. For minors, the legal guardian makes the final decision. To remove your name from the registry, limit your donation, or place usage restrictions, for example, indicating that the donation is for research or restricting the donation to certain organs, you must contact Donate Life California at 1-866-797-2366 or www.donateLIFEcalifornia.org.
(3)The department may develop and require the use of supplemental forms to collect additional information needed to determine eligibility on a basis other than the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments, as provided under Section 435.907(c) of Title 42 of the Code of Federal Regulations.
(4)The application shall be tested and operational by the date as required by the federal Secretary of Health and Human Services.
(5)The application form shall, to the extent not inconsistent with federal statutes, regulations, and guidance, satisfy all of the following criteria:
(A)The form shall include simple, user-friendly language and instructions.
(B)The form may not ask for information related to a nonapplicant that is not necessary to determine eligibility in the applicants particular circumstances.
(C)The form may require only information necessary to support the eligibility and enrollment processes for insurance affordability programs.
(D)The form may be used for, but shall not be limited to, screening.
(E)The form may ask, or be used otherwise to identify, if the mother of an infant applicant under one year of age had coverage through an insurance affordability program for the infants birth, for the purpose of automatically enrolling the infant into the applicable program without the family having to complete the application process for the infant.
(F)The form may include questions that are voluntary for applicants to answer regarding demographic data categories, including race, ethnicity, primary language, disability status, and other categories recognized by the federal Secretary of Health and Human Services under Section 4302 of the PPACA.
(G)Until January 1, 2016, the department shall instruct counties to not reject an application that was in existence prior to January 1, 2014, but to accept the application and request any additional information needed from the applicant in order to complete the eligibility determination process. The department shall work with counties and consumer advocates to develop the supplemental questions.
(d)Nothing in this section shall preclude the use of a provider-based application form or enrollment procedures for insurance affordability programs or other health programs that differs from the application form described in subdivision (c), and related enrollment procedures. Nothing in this section shall preclude the use of a joint application, developed by the department and the State Department of Social Services, that allows for an application to be made for multiple programs, including, but not limited to, CalWORKs, CalFresh, and insurance affordability programs.
(e)The entity making the eligibility determination shall grant eligibility immediately whenever possible and with the consent of the applicant in accordance with the state and federal rules governing insurance affordability programs.
(f)(1)If the eligibility, enrollment, and retention system has the ability to prepopulate an application form for insurance affordability programs with personal information from available electronic databases, an applicant shall be given the option, with their informed consent, to have the application form prepopulated. Before a prepopulated application is submitted to the entity authorized to make eligibility determinations, the individual shall be given the opportunity to provide additional eligibility information and to correct any information retrieved from a database.
(2)All insurance affordability programs may accept self-attestation, instead of requiring an individual to produce a document, for age, date of birth, family size, household income, state residence, pregnancy, and any other applicable criteria needed to determine the eligibility of an applicant or recipient, to the extent permitted by state and federal law.
(3)An applicant or recipient shall have their information electronically verified in the manner required by the PPACA and implementing federal regulations and guidance and state law.
(4)Before an eligibility determination is made, the individual shall be given the opportunity to provide additional eligibility information and to correct information.
(5)The eligibility of an applicant shall not be delayed beyond the timeliness standards as provided in Section 435.912 of Title 42 of the Code of Federal Regulations or denied for any insurance affordability program unless the applicant is given a reasonable opportunity, of at least the kind provided for under the Medi-Cal program pursuant to Section 14007.5 and paragraph (7) of subdivision (e) of Section 14011.2, to resolve discrepancies concerning any information provided by a verifying entity.
(6)To the extent federal financial participation is available, an applicant shall be provided benefits in accordance with the rules of the insurance affordability program, as implemented in federal regulations and guidance, for which the applicant otherwise qualifies until a determination is made that they are not eligible and all applicable notices have been provided. Nothing in this section shall be interpreted to grant presumptive eligibility if it is not otherwise required by state law, and, if so required, then only to the extent permitted by federal law.
(g)The eligibility, enrollment, and retention system shall offer an applicant and recipient assistance with their application or renewal for an insurance affordability program in person, over the telephone, by mail, online, or through other commonly available electronic means and in a manner that is accessible to individuals with disabilities and those who are limited-English proficient.
(h)(1)During the processing of an application, renewal, or a transition due to a change in circumstances, an entity making eligibility determinations for an insurance affordability program shall ensure that an eligible applicant and recipient of insurance affordability programs that meets all program eligibility requirements and complies with all necessary requests for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary. The individual shall be informed about how to obtain information about the status of their application, renewal, or transfer to another program at any time, and the information shall be promptly provided when requested.
(2)The application or case of an individual screened as not eligible for Medi-Cal on the basis of Modified Adjusted Gross Income (MAGI) household income but who may be eligible on the basis of being 65 years of age or older, or on the basis of blindness or disability, shall be forwarded to the Medi-Cal program for an eligibility determination. During the period this application or case is processed for a non-MAGI Medi-Cal eligibility determination, if the applicant or recipient is otherwise eligible for an insurance affordability program, they shall be determined eligible for that program.
(3)Renewal procedures shall include all available methods for reporting renewal information, including, but not limited to, face-to-face, telephone, mail, and online renewal or renewal through other commonly available electronic means.
(4)An applicant who is not eligible for an insurance affordability program for a reason other than income eligibility, or for any reason in the case of applicants and recipients residing in a county that offers a health coverage program for individuals with income above the maximum allowed for the Exchange premium tax credits, shall be referred to the county health coverage program in the applicants county of residence.
(i)Notwithstanding subdivisions (e), (f), and (j), before an online applicant who appears to be eligible for the Exchange with a premium tax credit or reduction in cost sharing, or both, may be enrolled in the Exchange, both of the following shall occur:
(1)The applicant shall be informed of the overpayment penalties under the federal Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9), if the individuals annual family income increases by a specified amount or more, calculated on the basis of the individuals current family size and current income, and that penalties are avoided by prompt reporting of income increases throughout the year.
(2)The applicant shall be informed of the penalty for failure to have minimum essential health coverage.
(j)The department shall, in coordination with MRMIB and the Exchange board, streamline and coordinate all eligibility rules and requirements among insurance affordability programs using the least restrictive rules and requirements permitted by federal and state law. This process shall include the consideration of methodologies for determining income levels, assets, rules for household size, citizenship and immigration status, and self-attestation and verification requirements.
(k)(1)Forms and notices developed pursuant to this section shall be accessible and standardized, as appropriate, and shall comply with federal and state laws, regulations, and guidance prohibiting discrimination.
(2)Forms and notices developed pursuant to this section shall be developed using plain language and shall be provided in a manner that affords meaningful access to limited-English-proficient individuals, in accordance with applicable state and federal law, and at a minimum, provided in the same threshold languages as required for Medi-Cal managed care plans.
(l)The department, the California Health and Human Services Agency, MRMIB, and the Exchange board shall establish a process for receiving and acting on stakeholder suggestions regarding the functionality of the eligibility systems supporting the Exchange, including the activities of all entities providing eligibility screening to ensure the correct eligibility rules and requirements are being used. This process shall include consumers and their advocates, be conducted no less than quarterly, and include the recording, review, and analysis of potential defects or enhancements of the eligibility systems. The process shall also include regular updates on the work to analyze, prioritize, and implement corrections to confirmed defects and proposed enhancements, and to monitor screening.
(m)In designing and implementing the eligibility, enrollment, and retention system, the department, MRMIB, and the Exchange board shall ensure that all privacy and confidentiality rights under the PPACA and other federal and state laws are incorporated and followed, including responses to security breaches.
(n)Except as otherwise specified, this section shall be operative on January 1, 2014.
(a)The following definitions apply for purposes of this part:
(1)Accessible means in compliance with Section 11135 of the Government Code, Section 1557 of the PPACA, and regulations or guidance adopted pursuant to these statutes.
(2)Limited-English-proficient means not speaking English as ones primary language and having a limited ability to read, speak, write, or understand English.
(3)Insurance affordability program means a program that is one of the following:
(A)The Medi-Cal program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(B)The states childrens health insurance program (CHIP) under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.).
(C)A program that makes available to qualified individuals coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code.
(4)A program that makes available coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with cost-sharing reductions established under Section 1402 of PPACA and any subsequent amendments to that act.
(b)An individual shall have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means.
(c)(1)A single, accessible, standardized paper, electronic, and telephone application for insurance affordability programs shall be developed by the department in consultation with MRMIB and the board governing the Exchange as part of the stakeholder process described in subdivision (b) of Section 15925. The application shall be used by all entities authorized to make an eligibility determination for any of the insurance affordability programs and by their agents.
(2)(A)A written or electronic application shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (i) Yes, add my name to the donor registry or (ii) I do not wish to register at this time.
(B)On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicants decision to enroll in the organ donation program:
(i)The applicants true full name.
(ii)The applicants residence or mailing address.
(iii)The applicants year of birth.
(iv)The applicants California drivers license number or identification card number.
(2)(3)The department may develop and require the use of supplemental forms to collect additional information needed to determine eligibility on a basis other than the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments, as provided under Section 435.907(c) of Title 42 of the Code of Federal Regulations.
(3)(4)The application shall be tested and operational by the date as required by the federal Secretary of Health and Human Services.
(4)(5)The application form shall, to the extent not inconsistent with federal statutes, regulations, and guidance, satisfy all of the following criteria:
(A)The form shall include simple, user-friendly language and instructions.
(B)The form may not ask for information related to a nonapplicant that is not necessary to determine eligibility in the applicants particular circumstances.
(C)The form may require only information necessary to support the eligibility and enrollment processes for insurance affordability programs.
(D)The form may be used for, but shall not be limited to, screening.
(E)The form may ask, or be used otherwise to identify, if the mother of an infant applicant under one year of age had coverage through an insurance affordability program for the infants birth, for the purpose of automatically enrolling the infant into the applicable program without the family having to complete the application process for the infant.
(F)The form may include questions that are voluntary for applicants to answer regarding demographic data categories, including race, ethnicity, primary language, disability status, and other categories recognized by the federal Secretary of Health and Human Services under Section 4302 of the PPACA.
(G)Until January 1, 2016, the department shall instruct counties to not reject an application that was in existence prior to January 1, 2014, but to accept the application and request any additional information needed from the applicant in order to complete the eligibility determination process. The department shall work with counties and consumer advocates to develop the supplemental questions.
(d)Nothing in this section shall preclude the use of a provider-based application form or enrollment procedures for insurance affordability programs or other health programs that differs from the application form described in subdivision (c), and related enrollment procedures. Nothing in this section shall preclude the use of a joint application, developed by the department and the State Department of Social Services, that allows for an application to be made for multiple programs, including, but not limited to, CalWORKs, CalFresh, and insurance affordability programs.
(e)The entity making the eligibility determination shall grant eligibility immediately whenever possible and with the consent of the applicant in accordance with the state and federal rules governing insurance affordability programs.
(f)(1)If the eligibility, enrollment, and retention system has the ability to prepopulate an application form for insurance affordability programs with personal information from available electronic databases, an applicant shall be given the option, with his or her their informed consent, to have the application form prepopulated. Before a prepopulated application is submitted to the entity authorized to make eligibility determinations, the individual shall be given the opportunity to provide additional eligibility information and to correct any information retrieved from a database.
(2)All insurance affordability programs may accept self-attestation, instead of requiring an individual to produce a document, for age, date of birth, family size, household income, state residence, pregnancy, and any other applicable criteria needed to determine the eligibility of an applicant or recipient, to the extent permitted by state and federal law.
(3)An applicant or recipient shall have his or her their information electronically verified in the manner required by the PPACA and implementing federal regulations and guidance and state law.
(4)Before an eligibility determination is made, the individual shall be given the opportunity to provide additional eligibility information and to correct information.
(5)The eligibility of an applicant shall not be delayed beyond the timeliness standards as provided in Section 435.912 of Title 42 of the Code of Federal Regulations or denied for any insurance affordability program unless the applicant is given a reasonable opportunity, of at least the kind provided for under the Medi-Cal program pursuant to Section 14007.5 and paragraph (7) of subdivision (e) of Section 14011.2, to resolve discrepancies concerning any information provided by a verifying entity.
(6)To the extent federal financial participation is available, an applicant shall be provided benefits in accordance with the rules of the insurance affordability program, as implemented in federal regulations and guidance, for which he or she the applicant otherwise qualifies until a determination is made that he or she is they are not eligible and all applicable notices have been provided. Nothing in this section shall be interpreted to grant presumptive eligibility if it is not otherwise required by state law, and, if so required, then only to the extent permitted by federal law.
(g)The eligibility, enrollment, and retention system shall offer an applicant and recipient assistance with his or her their application or renewal for an insurance affordability program in person, over the telephone, by mail, online, or through other commonly available electronic means and in a manner that is accessible to individuals with disabilities and those who are limited-English proficient.
(h)(1)During the processing of an application, renewal, or a transition due to a change in circumstances, an entity making eligibility determinations for an insurance affordability program shall ensure that an eligible applicant and recipient of insurance affordability programs that meets all program eligibility requirements and complies with all necessary requests for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary. The individual shall be informed about how to obtain information about the status of his or her their application, renewal, or transfer to another program at any time, and the information shall be promptly provided when requested.
(2)The application or case of an individual screened as not eligible for Medi-Cal on the basis of Modified Adjusted Gross Income (MAGI) household income but who may be eligible on the basis of being 65 years of age or older, or on the basis of blindness or disability, shall be forwarded to the Medi-Cal program for an eligibility determination. During the period this application or case is processed for a non-MAGI Medi-Cal eligibility determination, if the applicant or recipient is otherwise eligible for an insurance affordability program, he or she they shall be determined eligible for that program.
(3)Renewal procedures shall include all available methods for reporting renewal information, including, but not limited to, face-to-face, telephone, mail, and online renewal or renewal through other commonly available electronic means.
(4)An applicant who is not eligible for an insurance affordability program for a reason other than income eligibility, or for any reason in the case of applicants and recipients residing in a county that offers a health coverage program for individuals with income above the maximum allowed for the Exchange premium tax credits, shall be referred to the county health coverage program in his or her the applicants county of residence.
(i)Notwithstanding subdivisions (e), (f), and (j), before an online applicant who appears to be eligible for the Exchange with a premium tax credit or reduction in cost sharing, or both, may be enrolled in the Exchange, both of the following shall occur:
(1)The applicant shall be informed of the overpayment penalties under the federal Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9), if the individuals annual family income increases by a specified amount or more, calculated on the basis of the individuals current family size and current income, and that penalties are avoided by prompt reporting of income increases throughout the year.
(2)The applicant shall be informed of the penalty for failure to have minimum essential health coverage.
(j)The department shall, in coordination with MRMIB and the Exchange board, streamline and coordinate all eligibility rules and requirements among insurance affordability programs using the least restrictive rules and requirements permitted by federal and state law. This process shall include the consideration of methodologies for determining income levels, assets, rules for household size, citizenship and immigration status, and self-attestation and verification requirements.
(k)(1)Forms and notices developed pursuant to this section shall be accessible and standardized, as appropriate, and shall comply with federal and state laws, regulations, and guidance prohibiting discrimination.
(2)Forms and notices developed pursuant to this section shall be developed using plain language and shall be provided in a manner that affords meaningful access to limited-English-proficient individuals, in accordance with applicable state and federal law, and at a minimum, provided in the same threshold languages as required for Medi-Cal managed care plans.
(l)The department, the California Health and Human Services Agency, MRMIB, and the Exchange board shall establish a process for receiving and acting on stakeholder suggestions regarding the functionality of the eligibility systems supporting the Exchange, including the activities of all entities providing eligibility screening to ensure the correct eligibility rules and requirements are being used. This process shall include consumers and their advocates, be conducted no less than quarterly, and include the recording, review, and analysis of potential defects or enhancements of the eligibility systems. The process shall also include regular updates on the work to analyze, prioritize, and implement corrections to confirmed defects and proposed enhancements, and to monitor screening.
(m)In designing and implementing the eligibility, enrollment, and retention system, the department, MRMIB, and the Exchange board shall ensure that all privacy and confidentiality rights under the PPACA and other federal and state laws are incorporated and followed, including responses to security breaches.
(n)Except as otherwise specified, this section shall be operative on January 1, 2014.
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Date
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Status
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|---|---|
| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2023 | In committee: Hearing postponed by committee. |
| Apr 17, 2023 | Re-referred to Com. on APPR. |
| Apr 13, 2023 | Read second time and amended. |
| Apr 12, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 11). |
| Mar 29, 2023 | Re-referred to Com. on HEALTH. |
| Mar 28, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. |
| Feb 17, 2023 | Referred to Com. on HEALTH. |
| Feb 8, 2023 | From printer. May be heard in committee March 10. |
| Feb 7, 2023 | 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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|---|---|---|---|---|
| Apr 11, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Dialysis Council | * Support | Apr 11, 2023 |
| Donate Life California | * Support | Apr 11, 2023 |
| Health Net of California | ** Support | |
| Health Net Of California And Affiliated Entities | * Support | Apr 11, 2023 |
| Western Center On Law & Poverty | * Support | Apr 11, 2023 |
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 503
Author:(Juan Carrillo) – As Amended Ver:April 13, 2023
Policy Committee: | Health | Vote: | 15 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Health Care Services (DHCS) to modify the electronic application for insurance affordability programs to add a checkbox option to enroll in the Donate Life California Organ and Tissue Donor Registry. The bill requires the option to include a specified disclosure related to organ and tissue donations, and to not be a required part of the application. This bill requires DHCS to electronically transmit specified enrollment information on a weekly basis to the Donate Life California organization.
FISCAL EFFECT:
Unknown one-time costs, potentially in the millions of dollars, to add a checkbox in the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS) and transmit information to Donate Life California (General Fund).
COMMENTS:
- Purpose. This bill is sponsored by Donate Life California, which states its mission is to save lives by creating opportunities for all Californians to sign up on the official state organ, eye and tissue donor registry, and that it is responsible for managing the state’s organ, eye and tissue donor registry. According to Donate Life California:
Donate Life California’s statutorily-authorized relationship with the California Department of Motor Vehicles [DMV] has allowed individuals the convenient ability to sign up for the organ and tissue donor registry on the…driver’s license or identification card application…since 2006. To date, over 18.5 million individuals have expressed their intent to donate with the Registry, with over 98% of those coming through the doors of the DMV.
While this growth of the registry has been successful,…per capita California is still below the national average for registered donors at only 49%, compared to the 54% national average. The registry continues to be of vital importance as over 104,000 individuals across the country are waiting for lifesaving transplants, and 17 individuals die each day without a transplant.
Over 20,100 Californians await a lifesaving transplant, with the majority of those in need from non-white communities.
- Health Benefit Enrollment Form. DHCS and Covered California use a “Single Streamlined Application” to allow applicants to apply for Medi-Cal and low-cost health insurance through Covered California. CalHEERS is the automated eligibility system that serves as a consolidated system for eligibility and enrollment for Covered California and Medi-Cal. CalHEERS shares information with all 58 counties, which are generally responsible for Medi-Cal eligibility, enrollment, and renewal functions.
- Related Legislation.
- AB 490 (Vince Fong) requires the Department of Motor Vehicles to make available information describing the Uniform Anatomical Gift Act and information about the California Organ and Tissue Donor Registry, the National Marrow Donor Program registry and information about how private donations may be made. The bill is pending in this committee.
- AB 1268 (Irwin) requires the Franchise Tax Board (FTB) to revise the California resident income tax return to include a check box for an individual taxpayer to elect to be an organ donor with Donate Life California and requires the FTB to annually send specified donor information to Donate Life California. AB 1268 is pending in this committee.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing: April 11, 2023
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
ABPCA Bill Id:AB 503
Author:(Juan Carrillo) – As Amended Ver:March 28, 2023
SUBJECT: Health care: organ donation enrollment.
SUMMARY: Adds an option for an applicant for health insurance affordability programs to enroll as an organ donor in the Donate Life California Organ and Tissue Donor Registry. Specifically, this bill:
- Requires a written or electronic application for a health insurance affordability program to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. Requires the application to include check boxes for an applicant to mark either: a) “Yes, add my name to the donor registry;” or, b) “I do not wish to register at this time.”
- Requires a disclosure related to the Donate Life California Organ and Tissue Donor Registry to be displayed, as specified.
- Requires, on a weekly basis, the Department of Health Care Services (DHCS) to electronically transmit to Donate Life California, the applicant’s name, residence, year of birth, and California driver’s license number or identification card number, and the applicant’s decision to enroll in the organ donation program.
EXISTING LAW:
- Authorizes, under the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death. [Health and Safety Code 7150 et seq.]
- Establishes the Medi-Cal Program, administered by DHCS, to provide comprehensive health benefits to low-income individuals who meet specified eligibility criteria. [Welfare and Institutions Code (WIC) §14000 et seq.]
- Establishes the California Health Benefit Exchange (Covered California), to administer health insurance affordability programs that provide subsidized health insurance to individuals and families who meet specified eligibility criteria. [Government Code §100500 et seq.]
- Requires DHCS, in consultation with Covered California, to develop a single paper, electronic, and telephone application for insurance affordability programs, including Medi-Cal. [WIC §15926]
- Requires the application form referenced in 4), above, to the extent not inconsistent with federal statutes, regulations, and guidance, to require only information necessary to support the eligibility and enrollment processes for insurance affordability programs. [WIC §15926]
- Requires the California Department of Motor Vehicles (DMV) to collect donor designation information on all applications for an original or renewal driver’s license or identification card, and transmit data to Donate Life California on a weekly basis that include the following information about each individual who has indicated willingness to participate in the registry: Full name, gender, residence/mailing address, date of birth, and driver license or ID number. [Vehicle Code §12811]
FISCAL EFFECT: Unknown. This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. This bill is sponsored by Donate Life California and is modeled on a successful relationship between Donate Life California and the DMV. The author states more than 104,000 individuals across the country are waiting for lifesaving transplants, with over 20,000 in California. Tragically, 17 individuals for whom a transplant is their only remaining medical option die each day in the United States without a transplant. The author explains that by signing up through Donate Life California, one person can save as many as eight lives and enhance 75 more through organ, eye and tissue donation. The author concludes this bill will establish an important mechanism to increase donor lists and save lives.
- BACKGROUND.
- Organ Donation. Registering to be an organ donor provides legal consent for one’s organs, eyes, or tissues to be donated upon one’s death. When medical professionals confirm a person’s brain death, organ donation becomes possible. A local Organ Procurement Organization (OPO) is notified and if they deem a person eligible to donate, the OPO travels to the hospital. The OPO then verifies consent by reviewing the state registry or asking a person’s next of kin for consent to donate the person’s organs. When consent is verified, the OPO then contacts the Organ Procurement and Transplantation Network, a national database that includes all patients in the U.S. waiting for a transplant. The network analyzes factors including blood type, body size, distance from the donor, and time on the transplant list to create matches between available organs and those waiting for a transplant. Transplant centers then accept or reject the match and work with the patient in need to perform the transplant surgery.
Although states administer donor registries and the transplant list is national, transplantation is highly time-sensitive. Therefore, most organs go to patients in the area where doctors recovered the organs. Kidneys are in highest demand, with 89,000 people on the national waiting list for a kidney, followed by livers and hearts with about 10,600 people and 3,400 people on the waiting list for each of those organs. Nationally, about 25,000 kidney transplants were performed in 2022.
- Organ Donation. Registering to be an organ donor provides legal consent for one’s organs, eyes, or tissues to be donated upon one’s death. When medical professionals confirm a person’s brain death, organ donation becomes possible. A local Organ Procurement Organization (OPO) is notified and if they deem a person eligible to donate, the OPO travels to the hospital. The OPO then verifies consent by reviewing the state registry or asking a person’s next of kin for consent to donate the person’s organs. When consent is verified, the OPO then contacts the Organ Procurement and Transplantation Network, a national database that includes all patients in the U.S. waiting for a transplant. The network analyzes factors including blood type, body size, distance from the donor, and time on the transplant list to create matches between available organs and those waiting for a transplant. Transplant centers then accept or reject the match and work with the patient in need to perform the transplant surgery.
According to a sample of the U.S. population, 90% of adults support organ donation but only 60% (about 170 million people) are actually signed up as donors. Despite the numbers enrolled, only three in 1,000 people die in a way that allows for deceased organ donation. Encouraging a diverse donor registry is also important. Although matches between donors and recipients of different ethnicities are very common, a more diverse donor registry gives some members of ethnic minority groups on the transplant waiting list a better chance to find a good donor.
- Current Status of California Registry. Donate Life California’s relationship with the DMV has allowed individuals to sign up for the registry on original or renewal driver’s license or identification card application since 2006. To date, Donate Life California reports over 18.5 million individuals have expressed their intent to donate with the registry, with over 98% of those being identified through the DMV pathway.
While this growth of the registry has been successful, Donate Life California notes that per capita, California is still below the national average for registered donors at only 49%. - Health Benefit Enrollment Form. DHCS and Covered California use a “Single Streamlined Application” to allow applicants to apply for Medi-Cal and low-cost health insurance through Covered California. The California Healthcare Eligibility, Enrollment, and Retention System (CalHEERS) is the automated eligibility system that serves as a consolidated system for eligibility and enrollment for Covered California and Medi-Cal. CalHEERS shares information with all 58 counties, who are generally responsible for Medi-Cal eligibility, enrollment, and renewal functions.
- Stakeholder Interest in CalHEERS Updates and the Single Streamlined Application. The CalHEERS system is updated often to accommodate upgrades to improve usability, enhance functionality, or implement new state or federal requirements, and the ongoing maintenance and improvement of CalHEERS is an active area of interest for numerous stakeholders. AB 1296 (Bonilla), Chapter 641, Statutes of 2011, enacted the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, which requires the California Health and Human Services Agency (HHSA), in consultation with DHCS, Covered California, the California Office of Systems Integration, counties, health plans, consumer advocates, and other stakeholders, to plan and develop standardized single, accessible application forms and related renewal procedures for state health subsidy programs. HHSA and DHCS, in collaboration with legislative staff, Western Center on Law & Poverty, and the California Welfare Directors Association have organized the AB 1296 and Eligibility Expansion Stakeholder Meetings to consult key stakeholders on policy and other issues central to eligibility, enrollment and retention in health coverage. The AB 1296 stakeholder process has been used to identify and prioritize additional functionality and fixes to system defects. Releases are planned sequentially over a 24‑month period by the administration, with input from stakeholders. This 24‑month “roadmap” of releases continues to guide the development and operation of CalHEERS.
In response to stakeholder concern about ongoing issues with the development of Medi‑Cal eligibility functionalities in CalHEERS, the Supplemental Report of the 2020‑21 Budget Act directed the Legislative Analyst’s Office (LAO) to assess a dashboard developed by DHCS to identify and prioritize issues related to Medi‑Cal eligibility functionality in the CalHEERS system. The LAO reported the dashboard appeared to comprehensively identify the functionality issues and suggested that frequent collaboration to review and update the dashboard appears to clarify for both the administration and stakeholders what issues need to be resolved and on what timeline. - Adding Optional Questions to the Single Streamlined Application. Federal regulations and state law prohibit DHCS and Covered California from requiring an applicant to provide information beyond the minimum necessary to support the eligibility and enrollment processes of the health insurance affordability programs. It is possible to add questions to the application but they must be optional, since the additional information is not necessary for eligibility and enrollment. Addition of new questions should not be taken lightly, as even optional questions add to the already-significant paperwork burden of the application.
- Current Status of California Registry. Donate Life California’s relationship with the DMV has allowed individuals to sign up for the registry on original or renewal driver’s license or identification card application since 2006. To date, Donate Life California reports over 18.5 million individuals have expressed their intent to donate with the registry, with over 98% of those being identified through the DMV pathway.
- SUPPORT. Supporters of this bill express the importance of expanding the donor registry to save lives. The sponsor of this bill, Donate Life California, notes the success of the DMV registration pathway and indicates encouraging more individuals to sign up to be donors will save more lives.
- RELATED LEGISLATION. AB 1268 (Irwin) would require the Franchise Tax Board to revise the California resident income tax return to include a check box for an individual taxpayer who self-prepares the taxpayer’s return to elect to be an organ donor with Donate Life California and would require the Franchise Tax Board to annually send that information to Donate Life California with respect to an individual taxpayer who has elected to be an organ donor. AB 1268 is pending in the Assembly Revenue and Taxation Committee.
- PREVIOUS LEGISLATION.
- SB 112 (Speier), Chapter 405, Statutes of 2003, authorizes the state’s four non-profit Organ Procurement Organizations (Donor Network West, Lifesharing, OneLegacy, and Sierra Donor Services) to establish and maintain an online donor registry known as the Donate Life California Organ and Tissue Donor Registry.
- SB 689 (Speier), Chapter 665, Statutes of 2005, requires the DMV to collect donor designation information on all applications for an original or renewal driver’s license or identification card, and transmit data to Donate Life California on a weekly basis that include the following information about each individual who has indicated willingness to participate in the registry: Full name, gender, residence/mailing address, date of birth, and driver license or ID number.
- POLICY COMMENT. Driver’s license or identification card information is not currently collected as part of the Single Streamlined Application. Moving forward, the author should work with DHCS and Covered California to ensure this bill is crafted to identify, collect and transfer the minimum amount of data necessary to identify individuals who wish to register for the registry.
- AMENDMENTS. To address concerns raised by the Committee about the federal prohibition on the addition of questions not necessary for eligibility and enrollment purposes, and to limit the administrative burden of data collection and transfer, the author has agreed to amend this bill as follows:
- Limit the additional organ donation questions to the online application, which is the most common Single Streamlined Application enrollment pathway.
- Consistent with federal requirements, ensure the question is optional and not a required part of the application.
REGISTERED SUPPORT / OPPOSITION:
Support
Donate Life California (sponsor)
California Dialysis Council
Health Net of California
Opposition
None on file.
Analysis Prepared by: Lisa Murawski / HEALTH / (916) 319-2097
Bill Author
