AB 820: State boards and commissions: seniors.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-07-03
Current Status:
Failed
(2023-09-01: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires the Governor and every other appointing authority to, in making appointments to state boards and commissions, be responsible for nominating a variety of persons of different backgrounds, abilities, interests, and opinions in compliance with the policy that the composition of state boards and commissions shall be broadly reflective of the general public including ethnic minorities and women.
This bill would require the composition of various advisory groups and bodies to include a state agency official responsible for administering programs that serve, or state commission official that advocates on behalf of, older adults, as defined, or a representative from an organization that serves or advocates on behalf of older adults.
Existing law requires the Governor and every other appointing authority to, in making appointments to state boards and commissions, be responsible for nominating a variety of persons of different backgrounds, abilities, interests, and opinions in compliance with the policy that the composition of state boards and commissions shall be broadly reflective of the general public including ethnic minorities and women.
This bill would require the composition of various advisory groups and bodies to include a state agency official responsible for administering programs that serve, or state commission official that advocates on behalf of, older adults, as defined, or a representative from an organization that serves or advocates on behalf of older adults.
Existing law requires the Governor and every other appointing authority to, in making appointments to state boards and commissions, be responsible for nominating a variety of persons of different backgrounds, abilities, interests, and opinions in compliance with the policy that the composition of state boards and commissions shall be broadly reflective of the general public including ethnic minorities and women.
This bill would state the intent of the Legislature to enact legislation that would increase representation for older adults on state boards and commissions. require the composition of various advisory groups and bodies to include a state agency official responsible for administering programs that serve, or state commission official that advocates on behalf of, older adults, as defined, or a representative from an organization that serves or advocates on behalf of older adults.
Existing law requires the Governor and every other appointing authority to, in making appointments to state boards and commissions, be responsible for nominating a variety of persons of different backgrounds, abilities, interests, and opinions in compliance with the policy that the composition of state boards and commissions shall be broadly reflective of the general public including ethnic minorities and women.
This bill would state the intent of the Legislature to enact legislation that would increase representation for older adults on state boards and commissions.
(a)The California Health and Human Services Agency shall establish an Alzheimers Disease and Related Disorders Advisory Committee consisting of 15 members selected as follows:
(1)One representing the field of academic medical research.
(2)One representing the field of social research.
(3)One representing the field of mental health.
(4)One representing the Alzheimers daycare resource centers.
(5)One representing the Alzheimers disease diagnostic and treatment centers.
(6)Two representing families of persons suffering from Alzheimers disease or related disorders.
(7)Two representing organizations providing services to Alzheimers disease patients.
(8)One representing a consumer organization representing persons with Alzheimers disease.
(9)One representing a member of the State Bar who is familiar with the legal issues confronting Alzheimers disease victims and their families.
(10)Two people who have been diagnosed with Alzheimers disease to serve one-year terms.
(11)The Secretary of California Health and Human Services or their designee.
(12)One representing an organization that serves or advocates on behalf of older adults, defined as a person 60 years of age or older.
(b)Members shall serve at the pleasure of the Secretary of California Health and Human Services. The agency secretary may establish fixed terms for advisory committee membership. For purposes of continuity, those terms shall be staggered.
(c)Members shall serve without compensation, but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties.
(d)The Alzheimers Disease and Related Disorders Advisory Committee shall do all of the following:
(1)Provide ongoing advice and assistance to the administration and the Legislature as to the program needs and priorities of the target population.
(2)Provide planning support to the administration and the Legislature by updating recommendations of the 1987 California Alzheimers Disease Task Force Report and regularly reviewing and updating recommendations as needed.
(3)Appoint a chairperson and vice chairperson.
(4)Meet quarterly.
(e)The Alzheimers Disease and Related Disorders Advisory Committee shall do all of the following when making policy and plan recommendations:
(1)Consult with a broad range of stakeholders, including, but not limited to, people diagnosed with Alzheimers disease, family caregivers, community-based and institutional providers, Alzheimers disease researchers and academicians, formal caregivers, the Alzheimers Association, the California Commission on Aging, and other state entities.
(2)Consider the recommendations of other state plans, including, but not limited to, the Olmstead Plan, the Long-Range Strategic Plan on Aging, and the California Department of Agings State Plan on Aging.
(3)Consider cultural and linguistic factors that impact persons with Alzheimers disease and their families who are from diverse populations.
(4)Review current state policies and practices concerning care and treatment related to Alzheimers disease and other dementia disorders, and develop recommendations concerning all of the following issues:
(A)Community-based support for Californias diverse people with Alzheimers disease and their family members.
(B)Choices for care and residence for persons with Alzheimers disease and their families.
(C)An integrated public health care management approach to Alzheimers disease in health care settings that makes full use of dementia care practices.
(D)The dementia competence of health care professionals.
(E)Early identification and intervention through increasing public awareness of Alzheimers disease.
(f)All meetings of the advisory committee, and any subcommittees thereof, shall be open to the public and adequate notice shall be provided in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 128250 of the Health and Safety Code is amended to read:128250.(a)The terms used in this article have the same meaning as in Section 128205.
(b)There is hereby created a California Health Workforce Education and Training Council that shall be responsible for helping coordinate Californias health workforce education and training to develop a health workforce that meets Californias health care needs. The council shall be composed of 20 members who, together, represent various graduate medical education and training programs, health professions, including, but not limited to, specialties for primary care and behavioral health, and consumer representatives who shall serve at the pleasure of their appointing authorities, as follows:
(1)Six members appointed by the Governor.
(2)One member who shall be the Director of the State Department of Health Care Services, or the directors designee.
(3)One member who shall be the Director of the Department of Health Care Access and Information, or the directors designee.
(4)One member who shall be the Secretary of Labor and Workforce Development, or the secretarys designee.
(5)Three members appointed by the Speaker of the Assembly.
(6)Three members appointed by the Chairperson of the Senate Committee on Rules.
(7)One member who shall be the President of the University of California, or the presidents designee.
(8)One member who shall be the Chancellor of the California State University, or the chancellors designee.
(9)One member who shall be the Chancellor of the California Community Colleges, or the chancellors designee.
(10)One member who shall be a state agency official responsible for administering programs that serve older adults.
(11)One member who shall be a state commission official that advocates on behalf of older adults. For purposes of this section, older adult means a person 60 years of age or older.
(c)Members of the council appointed under paragraphs (1), (5), and (6) of subdivision (b) shall be appointed for a term of four years, except that the term of office of the initial members appointed under paragraph (1) shall expire at the end of two years.
SEC. 3.Section 130290 of the Health and Safety Code is amended to read:130290.(a)The California Health and Human Services Agency, along with its departments and offices and in consultation with stakeholders and local partners, shall establish the California Health and Human Services Data Exchange Framework that shall include a single data sharing agreement and common set of policies and procedures that will leverage and advance national standards for information exchange and data content, and that will govern and require the exchange of health information among health care entities and government agencies in California.(1)The California Health and Human Services Data Exchange Framework is not intended to be an information technology system or single repository of data, rather it is technology agnostic and is a collection of organizations that are required to share health information using national standards and a common set of policies in order to improve the health outcomes of the individuals they serve.(2)The California Health and Human Services Data Exchange Framework will be designed to enable and require real-time access to, or exchange of, health information among health care providers and payers through any health information exchange network, health information organization, or technology that adheres to specified standards and policies.(3)The California Health and Human Services Data Exchange Framework shall align with state and federal data requirements, including the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Confidentiality of Medical Information Act of 1996 (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and other applicable state and federal privacy laws related to the sharing of data among and between providers, payers, and the government, while also streamlining and reducing reporting burden.(4)For the purposes of this section, health information means:(A)For hospitals, clinics, and physician practices, at a minimum, the United States Core Data for Interoperability Version 1, until October 6, 2022. After that date, it shall include all electronic health information as defined under federal regulation in Section 171.102 of Title 45 of the Code of Federal Regulations and held by the entity.(B)For health insurers and health care service plans, at a minimum, the data required to be shared under the Centers for Medicare and Medicaid Services Interoperability and Patient Access regulations for public programs as contained in United States Department of Health and Human Services final rule CMS-9115-F, 85 FR 25510.(b)(1)On or before January 31, 2024, the entities listed in subdivision (f), except those identified in paragraph (2), shall exchange health information or provide access to health information to and from every other entity in subdivision (f) in real time as specified by the California Health and Human Services Agency pursuant to the California Health and Human Services Data Exchange Framework data-sharing agreement for treatment, payment, or health care operations.(2)The requirement in paragraph (1) shall not apply to physician practices of fewer than 25 physicians, rehabilitation hospitals, long-term acute care hospitals, acute psychiatric hospitals, critical access hospitals, and rural general acute care hospitals with fewer than 100 acute care beds, state-run acute psychiatric hospitals, and any nonprofit clinic with fewer than 10 health care providers until January 31, 2026.(c)The California Health and Human Services Agency shall convene a stakeholder advisory group to advise on the development and implementation of the California Health and Human Services Data Exchange Framework.(1)The members of the stakeholder advisory group shall be appointed by the Secretary of California Health and Human Services and shall not have a financial interest, individually or through a family member, related to issues the stakeholder advisory group will advise on.(2)The stakeholder advisory group shall be composed of health care stakeholders and experts, including representatives of all the following:(A)The State Department of Health Care Services.(B)The State Department of Social Services.(C)The Department of Managed Health Care.(D)The Department of Health Care Access and Information.(E)The State Department of Public Health.(F)The Department of Insurance.(G)The Public Employees Retirement System.(H)The California Health Benefit Exchange.(I)Health care service plans and health insurers.(J)Physicians, including those with small practices.(K)Hospitals, including public, private, rural, and critical access hospitals.(L)Clinics, long-term care facilities, behavioral health facilities, or substance use disorder facilities.(M)Consumers.(N)Organized labor.(O)Privacy and security professionals.(P)Health information technology professionals.(Q)Community health information organizations.(R)County health, social services, and public health.(S)Community-based organizations providing social services.(T)State agencies responsible for administering programs that serve, or state commissions that advocate on behalf of, older adults, as defined as a person 60 years of age or older.(3)The stakeholder advisory group shall provide information and advice to the California Health and Human Services Agency on health information technology issues, including all of the following:(A)Identify which data beyond health information as defined in paragraph (4) of subdivision (a), at minimum, should be shared for specified purposes between the entities outlined in this subdivision and subdivision (f).(B)Identify gaps, and propose solutions to gaps, in the life cycle of health information, including gaps in any of the following:(i)Health information creation, including the use of national standards in clinical documentation, health plan records, and social services data.(ii)Translation, mapping, controlled vocabularies, coding, and data classification.(iii)Storage, maintenance, and management of health information.(iv)Linking, sharing, exchanging, and providing access to health information.(C)Identify ways to incorporate data related to social determinants of health, such as housing and food insecurity, into shared health information.(D)Identify ways to incorporate data related to underserved or underrepresented populations, including, but not limited to, data regarding sexual orientation and gender identity and racial and ethnic minorities.(E)Identify ways to incorporate relevant data on behavioral health and substance use disorder conditions.(F)Address the privacy, security, and equity risks of expanding care coordination, health information exchange, access, and telehealth in a dynamic technological, and entrepreneurial environment, where data and network security are under constant threat of attack.(G)Develop policies and procedures consistent with national standards and federally adopted standards in the exchange of health information and ensure that health information sharing broadly implements national frameworks and agreements consistent with federal rules and programs.(H)Develop definitions of complete clinical, administrative, and claims data consistent with federal policies and national standards.(I)Identify how all payers will be required to provide enrollees with electronic access to their health information, consistent with rules applicable to federal payer programs.(J)Assess governance structures to help guide policy decisions and general oversight.(K)Identify federal, state, private, or philanthropic sources of funding that could support data access and exchange.(4)The stakeholder advisory group shall hold public meetings with stakeholders, solicit input, and set its own meeting agendas. Meetings of the stakeholder advisory group are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(5)The members of the stakeholder advisory group shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the group.(d)The California Health and Human Services Agency shall submit an update, including written recommendations, to the Legislature based on input from the stakeholder advisory group on the issues identified in paragraph (3) of subdivision (c).(e)The California Health and Human Services Agency shall work with the California State Association of Counties to encourage the inclusion of county health, public health, and social services, to the extent possible, as part of the California Health and Human Services Data Exchange Framework in order to assist both public and private entities to connect through uniform standards and policies. It is the intent of the Legislature that all state and local public health agencies will exchange electronic health information in real time with participating health care entities to protect and improve the health and well-being of Californians.(f)In alignment with existing federal standards and policies, the following health care organizations shall execute the California Health and Human Services Data Exchange Framework data-sharing agreement pursuant to subdivision (a):(1)General acute care hospitals, as defined by Section 1250.(2)Physician organizations and medical groups.(3)Skilled nursing facilities, as defined by Section 1250, that currently maintain electronic records.(4)Health care service plans and disability insurers that provide hospital, medical, or surgical coverage that are regulated by the Department of Managed Health Care or the Department of Insurance. This section shall also apply to a Medi-Cal managed care plan under a comprehensive risk contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code that is not regulated by the Department of Managed Health Care or the Department of Insurance.(5)Clinical laboratories, as that term is used in Section 1265 of the Business and Professions Code, and that are regulated by the State Department of Public Health.(6)Acute psychiatric hospitals, as defined by Section 1250.(g)The California Health and Human Services Agency shall work with experienced nonprofit organizations and entities represented in the stakeholder advisory group in subdivision (c) to provide technical assistance to the entities outlined in subdivisions (e) and (f).(h)The California Health and Human Services Agency shall develop in consultation with the stakeholder advisory group in subdivision (c) a strategy for unique, secure digital identities capable of supporting master patient indices to be implemented by both private and public organizations in California.(i)For purposes of implementing this section, including, but not limited to, hiring staff and consultants, facilitating and conducting meetings, conducting research and analysis, and developing the required reports, the California Health and Human Services Agency may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. No person hired or otherwise retained pursuant to this subdivision shall be permitted to have any financial interest in the California Health and Human Services Data Exchange Framework or shall be, or be affiliated with, any health care organization required to participate in the California Health and Human Services Data Exchange Framework pursuant to subdivisions (b) and (f). The term person, as used in this subdivision, means any individual, partnership, joint venture, association, corporation, or any other organization or any combination thereof.(j)All actions to implement the California Health and Human Services Data Exchange Framework, including the adoption or development of any data-sharing agreement, requirements, policies and procedures, guidelines, subgrantee contract provisions, or reporting requirements, shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The California Health and Human Services Agency, or a designee department or office under its jurisdiction, shall release program notices that detail the requirements of the California Health and Human Services Data Exchange Framework.SEC. 4.SEC. 3.Section 14012 of the Unemployment Insurance Code is amended to read:14012.The board shall be appointed by the Governor to assist in the development of the State Plan and to carry out other functions, as described in Section 14103. The board shall be comprised of the Governor and representatives from the following categories:
(a)Two members of each house of the Legislature, appointed by the appropriate presiding officer of each house.
(b)A majority of board members shall be representatives of business who:
(1)Are owners of businesses, chief executives or operating officers of businesses, and other business executives or employers with optimum policymaking or hiring authority, who, in addition, may be members of a local board described in Section 3122(b)(2)(A)(i) of Title 29 of the United States Code.
(2)Represent businesses, including small businesses, or organizations representing businesses that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state.
(3)Are appointed from a group of individuals nominated by state business organizations and business trade associations.
(c)(1)Not less than 20 percent of board members shall be representatives of the workforce within the state, including representatives of labor organizations nominated by state labor federations, who shall not be less than 15 percent of the board membership and who shall include at least one representative that is a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, such a representative of an apprenticeship program in the state.
(2)Representatives appointed pursuant to this subdivision may include:
(A)Representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans, organizations that provide or support competitive, integrated employment for individuals with disabilities, organizations that serve transgender and gender nonconforming individuals, and organizations that represent or serve older adults.
(B)Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.
(d)The balance of board members:
(1)Shall include representatives of government that are lead state officials with primary responsibility for the core programs and shall include chief elected officials, collectively representing cities, counties, and cities and counties where appropriate.
(2)May include other representatives and officials as the Governor may designate, like any of the following:
(A)State agency officials from agencies that are one-stop partners, not specified in paragraph (1), including additional one-stop partners whose programs are covered by the State Plan, if any.
(B)State agency officials responsible for economic development or juvenile justice programs in the state.
(C)Individuals who represent an Indian tribe or tribal organization, as those terms are defined in Section 3221(b) of Title 29 of the United States Code.
(D)State agency officials responsible for education programs in the state, including chief executive officers, or their designees, of institutions of higher education, including, but not limited to, the California Community College system, the California State University system, the University of California system, and their respective individual campuses.
(e)Other requirements of board membership shall include:
(1)The Governor shall select a chairperson for the board from among the representatives described in subdivision (b).
(2)The members of the board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas.
(3)The members of the board shall include state agency officials responsible for administering programs that serve, and state commission officials that advocate on behalf of, older adults.
(f)For purposes of this section, older adult means a person 60 years of age or older.
SEC. 5.SEC. 4.Section 5771 of the Welfare and Institutions Code is amended to read:5771.(a)Pursuant to Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law.
(b)(1)The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a balance of state and local concerns relative to planning.
(2)As required by federal law, eight members of the planning council shall represent various state departments.
(3)Members of the planning council shall be appointed in a manner that will ensure that at least one-half are adults with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, family members of persons with serious mental illness, including adults who are dually diagnosed with serious mental illness and substance use disorders, family members of children with emotional disturbance, and representatives of organizations advocating on behalf of persons with mental illness, including persons who are dually diagnosed with mental illness and substance use disorders. Persons with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, and family members shall be represented in equal numbers.
(4)The Director of Health Care Services shall make appointments from among nominees from various constituency organizations for mental health or mental health and substance use disorders, which shall include representatives of consumer-related advocacy organizations, representatives of professional and provider organizations for mental health or mental health and substance use disorders, representatives of organizations that serve or advocate on behalf of older adults, defined as a person 60 years of age or older, and representatives who are direct service providers from both the public and private sectors. The director shall also appoint one representative of the California Coalition on Mental Health.
(c)Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in all target populations, including, but not limited to, children and youth, adults, and older adults.
(d)The planning council shall annually elect a chairperson and a chair-elect.
(e)The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(f)In the event of changes in the federal requirements regarding the structure and function of the planning council, or the discontinuation of federal funding, the State Department of Health Care Services shall, with input from state-level advocacy groups, consumers, family members and providers, and other stakeholders, propose to the Legislature modifications in the structure of the planning council that the department deems appropriate.
SEC. 6.SEC. 5.Section 5845 of the Welfare and Institutions Code is amended to read:5845.(a)The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Childrens Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 17 voting members as follows:
(1)The Attorney General or the Attorney Generals designee.
(2)The Superintendent of Public Instruction or the Superintendents designee.
(3)The Chairperson of the Senate Committee on Health, the Chairperson of the Senate Committee on Human Services, or another Member of the Senate selected by the President pro Tempore of the Senate.
(4)The Chairperson of the Assembly Committee on Health or another Member of the Assembly selected by the Speaker of the Assembly.
(5)Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees, a representative of an employer with more than 500 employees, a representative of an organization that serves or advocates for older adults, and a representative of a health care service plan or insurer, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. At least one person appointed pursuant to this paragraph shall have a background in auditing. For purposes of this section, older adult means a person 60 years of age or older.
(b)Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties.
(c)The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(d)In carrying out its duties and responsibilities, the commission may do all of the following:
(1)Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public.
(2)Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency.
(3)Establish technical advisory committees, such as a committee of consumers and family members.
(4)Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to an officer or employee of state government.
(5)Enter into contracts.
(6)Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds.
(7)Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the states mental health system.
(8)Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), Part 3.6 (commencing with Section 5840), and the other provisions of the Mental Health Services Act.
(9)At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.
(10)If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655.
(11)Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California.
(12)Work in collaboration with the State Department of Health Care Services and the California Behavioral Health Planning Council, and in consultation with the County Behavioral Health Directors Association of California, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort.
(13)Establish a framework and voluntary standard for mental health in the workplace that serves to reduce mental health stigma, increase public, employee, and employer awareness of the recovery goals of the Mental Health Services Act, and provide guidance to Californias employer community to put in place strategies and programs, as determined by the commission, to support the mental health and wellness of employees. The commission shall consult with the Labor and Workforce Development Agency or its designee to develop the standard.
SEC. 7.SEC. 6.Section 8257 of the Welfare and Institutions Code is amended to read:8257.(a)The Governor shall create an Interagency Council on Homelessness.
(b)The council shall have all of the following goals:
(1)To oversee implementation of this chapter.
(2)To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.
(3)To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Developments Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
(4)To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.
(5)To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.
(6)To make policy and procedural recommendations to legislators and other governmental entities.
(7)To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities efforts to obtain that funding.
(8)To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
(9)To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.
(10)To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.
(11)To ensure accountability and results in meeting the strategies and goals of the council.
(12)To identify and implement strategies to fight homelessness in small communities and rural areas.
(13)To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System.
(A)Council staff shall specify the form and substance of the required data elements.
(B)Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency.
(C)To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph.
(D)Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(E)For purposes of this paragraph, health information includes protected health information, as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(14)To set goals to prevent and end homelessness among Californias youth.
(15)To improve the safety, health, and welfare of young people experiencing homelessness in the state.
(16)To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.
(17)To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.
(18)To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.
(19)To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.
(c)(1)The council shall consist of the following members:
(A)The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services Agency, who both shall serve as cochairs of the council.
(B)The Director of Transportation.
(C)The Director of Housing and Community Development.
(D)The Director of Social Services.
(E)The Director of the California Housing Finance Agency.
(F)The Director or the State Medicaid Director of Health Care Services.
(G)The Secretary of Veterans Affairs.
(H)The Secretary of the Department of Corrections and Rehabilitation.
(I)The Executive Director of the California Tax Credit Allocation Committee in the Treasurers office.
(J)The State Public Health Officer.
(K)The Director of the California Department of Aging.
(L)The Director of Rehabilitation.
(M)The Director of State Hospitals.
(N)The executive director of the California Workforce Development Board.
(O)The Director of the Office of Emergency Services.
(P)A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction.
(Q)A representative of the state public higher education system who shall be from one of the following:
(i)The California Community Colleges.
(ii)The University of California.
(iii)The California State University.
(2)The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.
(3)The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.
(4)The council shall hold public meetings at least once every quarter.
(d)The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. The cochairs of the council shall appoint members to this advisory committee who reflect racial and gender diversity, and shall include the following:
(1)A survivor of gender-based violence who formerly experienced homelessness.
(2)Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Developments Continuum of Care Program.
(3)Stakeholders with expertise in solutions to homelessness and best practices from other states.
(4)Representatives of committees on African Americans, youth, and survivors of gender-based violence.
(5)A current or formerly homeless person who lives in California.
(6)A current or formerly homeless youth who lives in California.
(7)A current or formerly homeless person with a developmental disability.
(8)Representatives from organizations that serve or advocate on behalf of older adults, as defined as a person 60 years of age or older.
(9)This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.
(e)Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.
(f)Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:
(1)Participate in council workgroups, task forces, or other similar administrative structures.
(2)Provide to the council any relevant information regarding those state homelessness programs.
(g)The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. The members of the advisory committee and any council working group shall receive a per diem of one hundred dollars ($100) for each day spent in attendance at advisory committee meetings, and shall also be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.
(h)The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.
(i)The Business, Consumer Services, and Housing Agency shall provide staff for the council.
(j)The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.
(k)There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services, and Housing.
(l)The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services, and Housing Agency.
(a)The California Health and Human Services Agency shall establish an Alzheimers Disease and Related Disorders Advisory Committee consisting of 15 members selected as follows:
(1)One representing the field of academic medical research.
(2)One representing the field of social research.
(3)One representing the field of mental health.
(4)One representing the Alzheimers day care daycare resource centers.
(5)One representing the Alzheimers disease diagnostic and treatment centers.
(6)Two representing families of persons suffering from Alzheimers disease or related disorders.
(7)Two representing organizations providing services to Alzheimers disease patients.
(8)One representing a consumer organization representing persons with Alzheimers disease.
(9)One representing a member of the State Bar who is familiar with the legal issues confronting Alzheimers disease victims and their families.
(10)Two people who have been diagnosed with Alzheimers disease to serve one-year terms.
(11)The Secretary of California Health and Human Services or their designee.
(12)One representing an organization that serves or advocates on behalf of older adults, defined as a person 60 years of age or older.
(b)Members shall serve at the pleasure of the Secretary of California Health and Human Services. The agency secretary may establish fixed terms for advisory committee membership. For purposes of continuity, those terms shall be staggered.
(c)Members shall serve without compensation, but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties.
(d)The Alzheimers Disease and Related Disorders Advisory Committee shall do all of the following:
(1)Provide ongoing advice and assistance to the administration and the Legislature as to the program needs and priorities of the target population.
(2)Provide planning support to the administration and the Legislature by updating recommendations of the 1987 California Alzheimers Disease Task Force Report and regularly reviewing and updating recommendations as needed.
(3)Appoint a chairperson and vice chairperson.
(4)Meet quarterly.
(e)The Alzheimers Disease and Related Disorders Advisory Committee shall do all of the following when making policy and plan recommendations:
(1)Consult with a broad range of stakeholders, including, but not limited to, people diagnosed with Alzheimers disease, family caregivers, community-based and institutional providers, Alzheimers disease researchers and academicians, formal caregivers, the Alzheimers Association, the California Commission on Aging, and other state entities.
(2)Consider the recommendations of other state plans, including, but not limited to, the Olmstead Plan, the Long-Range Strategic Plan on Aging, and the California Department of Agings State Plan on Aging.
(3)Consider cultural and linguistic factors that impact persons with Alzheimers disease and their families who are from diverse populations.
(4)Review current state policies and practices concerning care and treatment related to Alzheimers disease and other dementia disorders, and develop recommendations concerning all of the following issues:
(A)Community-based support for Californias diverse people with Alzheimers disease and their family members.
(B)Choices for care and residence for persons with Alzheimers disease and their families.
(C)An integrated public health care management approach to Alzheimers disease in health care settings that makes full use of dementia care practices.
(D)The dementia competence of health care professionals.
(E)Early identification and intervention through increasing public awareness of Alzheimers disease.
(f) All meetings of the advisory committee, and any subcommittees thereof, shall be open to the public and adequate notice shall be provided in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 128250 of the Health and Safety Code is amended to read:128250.(a)The terms used in this article have the same meaning as in Section 128205.
(b)There is hereby created a California Health Workforce Education and Training Council that shall be responsible for helping coordinate Californias health workforce education and training to develop a health workforce that meets Californias health care needs. The council shall be composed of 20 members who, together, represent various graduate medical education and training programs, health professions, including, but not limited to, specialties for primary care and behavioral health, and consumer representatives who shall serve at the pleasure of their appointing authorities, as follows:
(1)Six members appointed by the Governor.
(2)One member who shall be the Director of the State Department of Health Care Services, or the directors designee.
(3)One member who shall be the Director of the Department of Health Care Access and Information, or the directors designee.
(4)One member who shall be the Secretary of Labor and Workforce Development, or the secretarys designee.
(5)Three members appointed by the Speaker of the Assembly.
(6)Three members appointed by the Chairperson of the Senate Committee on Rules.
(7)One member who shall be the President of the University of California, or the presidents designee.
(8)One member who shall be the Chancellor of the California State University, or the chancellors designee.
(9)One member who shall be the Chancellor of the California Community Colleges, or the chancellors designee.
(10)One member who shall be a state agency official responsible for administering programs that serve older adults.
(11)One member who shall be a state commission official that advocates on behalf of older adults. For purposes of this section, older adult means a person 60 years of age or older.
(c)Members of the council appointed under paragraphs (1), (5), and (6) of subdivision (b) shall be appointed for a term of four years, except that the term of office of the initial members appointed under paragraph (1) shall expire at the end of two years.
SEC. 3.Section 130290 of the Health and Safety Code is amended to read:130290.(a)On or before July 1, 2022, and subject to an appropriation in the annual Budget Act, the The California Health and Human Services Agency, along with its departments and offices and in consultation with stakeholders and local partners, shall establish the California Health and Human Services Data Exchange Framework that shall include a single data sharing agreement and common set of policies and procedures that will leverage and advance national standards for information exchange and data content, and that will govern and require the exchange of health information among health care entities and government agencies in California.
(1)The California Health and Human Services Data Exchange Framework is not intended to be an information technology system or single repository of data, rather it is technology agnostic and is a collection of organizations that are required to share health information using national standards and a common set of policies in order to improve the health outcomes of the individuals they serve.
(2)The California Health and Human Services Data Exchange Framework will be designed to enable and require real-time access to, or exchange of, health information among health care providers and payers through any health information exchange network, health information organization, or technology that adheres to specified standards and policies.
(3)The California Health and Human Services Data Exchange Framework shall align with state and federal data requirements, including the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Confidentiality of Medical Information Act of 1996 (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and other applicable state and federal privacy laws related to the sharing of data among and between providers, payers, and the government, while also streamlining and reducing reporting burden.
(4)For the purposes of this section, health information means:
(A)For hospitals, clinics, and physician practices, at a minimum, the United States Core Data for Interoperability Version 1, until October 6, 2022. After that date, it shall include all electronic health information as defined under federal regulation in Section 171.102 of Title 45 of the Code of Federal Regulations and held by the entity.
(B)For health insurers and health care service plans, at a minimum, the data required to be shared under the Centers for Medicare and Medicaid Services Interoperability and Patient Access regulations for public programs as contained in United States Department of Health and Human Services final rule CMS-9115-F, 85 FR 25510.
(b)(1)On or before January 31, 2024, the entities listed in subdivision (f), except those identified in paragraph (2), shall exchange health information or provide access to health information to and from every other entity in subdivision (f) in real time as specified by the California Health and Human Services Agency pursuant to the California Health and Human Services Data Exchange Framework data sharing data-sharing agreement for treatment, payment, or health care operations.
(2)The requirement in paragraph (1) shall not apply to physician practices of fewer than 25 physicians, rehabilitation hospitals, long-term acute care hospitals, acute psychiatric hospitals, critical access hospitals, and rural general acute care hospitals with fewer than 100 acute care beds, state-run acute psychiatric hospitals, and any nonprofit clinic with fewer than 10 health care providers until January 31, 2026.
(c)The California Health and Human Services Agency shall convene a stakeholder advisory group no later than September 1, 2021, to advise on the development and implementation of the California Health and Human Services Data Exchange Framework.
(1)The members of the stakeholder advisory group shall be appointed by the Secretary of California Health and Human Services and shall not have a financial interest, individually or through a family member, related to issues the stakeholder advisory group will advise on.
(2)The stakeholder advisory group shall be composed of health care stakeholders and experts, including representatives of all the following:
(A)The State Department of Health Care Services.
(B)The State Department of Social Services.
(C)The Department of Managed Health Care.
(D)The Department of Health Care Access and Information.
(E)The State Department of Public Health.
(F)The Department of Insurance.
(G)The Public Employees Retirement System.
(H)The California Health Benefit Exchange.
(I)Health care service plans and health insurers.
(J)Physicians, including those with small practices.
(K)Hospitals, including public, private, rural, and critical access hospitals.
(L)Clinics, long-term care facilities, behavioral health facilities, or substance use disorder facilities.
(M)Consumers.
(N)Organized labor.
(O)Privacy and security professionals.
(P)Health information technology professionals.
(Q)Community health information organizations.
(R)County health, social services, and public health.
(S)Community-based organizations providing social services.
(T)State agencies responsible for administering programs that serve, or state commissions that advocate on behalf of, older adults, as defined as a person 60 years of age or older.
(3)The stakeholder advisory group shall provide information and advice to the California Health and Human Services Agency on health information technology issues, including all of the following:
(A)Identify which data beyond health information as defined in paragraph (4) of subdivision (a), at minimum, should be shared for specified purposes between the entities outlined in this subdivision and subdivision (f).
(B)Identify gaps, and propose solutions to gaps, in the life cycle of health information, including gaps in any of the following:
(i)Health information creation, including the use of national standards in clinical documentation, health plan records, and social services data.
(ii)Translation, mapping, controlled vocabularies, coding, and data classification.
(iii)Storage, maintenance, and management of health information.
(iv)Linking, sharing, exchanging, and providing access to health information.
(C)Identify ways to incorporate data related to social determinants of health, such as housing and food insecurity, into shared health information.
(D)Identify ways to incorporate data related to underserved or underrepresented populations, including, but not limited to, data regarding sexual orientation and gender identity and racial and ethnic minorities.
(E)Identify ways to incorporate relevant data on behavioral health and substance use disorder conditions.
(F)Address the privacy, security, and equity risks of expanding care coordination, health information exchange, access, and telehealth in a dynamic technological, and entrepreneurial environment, where data and network security are under constant threat of attack.
(G)Develop policies and procedures consistent with national standards and federally adopted standards in the exchange of health information and ensure that health information sharing broadly implements national frameworks and agreements consistent with federal rules and programs.
(H)Develop definitions of complete clinical, administrative, and claims data consistent with federal policies and national standards.
(I)Identify how all payers will be required to provide enrollees with electronic access to their health information, consistent with rules applicable to federal payer programs.
(J)Assess governance structures to help guide policy decisions and general oversight.
(K)Identify federal, state, private, or philanthropic sources of funding that could support data access and exchange.
(4)The stakeholder advisory group shall hold public meetings with stakeholders, solicit input, and set its own meeting agendas. Meetings of the stakeholder advisory group are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(5)The members of the stakeholder advisory group shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the group.
(d)No later than April 1, 2022, the The California Health and Human Services Agency shall submit an update, including written recommendations, to the Legislature based on input from the stakeholder advisory group on the issues identified in paragraph (3) of subdivision (c).
(e)On or before January 31, 2023, the The California Health and Human Services Agency shall work with the California State Association of Counties to encourage the inclusion of county health, public health, and social services, to the extent possible, as part of the California Health and Human Services Data Exchange Framework in order to assist both public and private entities to connect through uniform standards and policies. It is the intent of the Legislature that all state and local public health agencies will exchange electronic health information in real time with participating health care entities to protect and improve the health and well-being of Californians.
(f)On or before January 31, 2023, and in In alignment with existing federal standards and policies, the following health care organizations shall execute the California Health and Human Services Data Exchange Framework data sharing data-sharing agreement pursuant to subdivision (a):
(1)General acute care hospitals, as defined by Section 1250.
(2)Physician organizations and medical groups.
(3)Skilled nursing facilities, as defined by Section 1250, that currently maintain electronic records.
(4)Health care service plans and disability insurers that provide hospital, medical, or surgical coverage that are regulated by the Department of Managed Health Care or the Department of Insurance. This section shall also apply to a Medi-Cal managed care plan under a comprehensive risk contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code that is not regulated by the Department of Managed Health Care or the Department of Insurance.
(5)Clinical laboratories, as that term is used in Section 1265 of the Business and Professions Code, and that are regulated by the State Department of Public Health.
(6)Acute psychiatric hospitals, as defined by Section 1250.
(g)The California Health and Human Services Agency shall work with experienced nonprofit organizations and entities represented in the stakeholder advisory group in subdivision (c) to provide technical assistance to the entities outlined in subdivisions (e) and (f).
(h)On or before July 31, 2022, the The California Health and Human Services Agency shall develop in consultation with the stakeholder advisory group in subdivision (c) a strategy for unique, secure digital identities capable of supporting master patient indices to be implemented by both private and public organizations in California.
(i)For purposes of implementing this section, including, but not limited to, hiring staff and consultants, facilitating and conducting meetings, conducting research and analysis, and developing the required reports, the California Health and Human Services Agency may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. No person hired or otherwise retained pursuant to this subdivision shall be permitted to have any financial interest in the California Health and Human Services Data Exchange Framework or shall be, or be affiliated with, any health care organization required to participate in the California Health and Human Services Data Exchange Framework pursuant to subdivisions (b) and (f). The term person, as used in this subdivision, means any individual, partnership, joint venture, association, corporation, or any other organization or any combination thereof.
(j)All actions to implement the California Health and Human Services Data Exchange Framework, including the adoption or development of any data sharing data-sharing agreement, requirements, policies and procedures, guidelines, subgrantee contract provisions, or reporting requirements, shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The California Health and Human Services Agency, or a designee department or office under its jurisdiction, shall release program notices that detail the requirements of the California Health and Human Services Data Exchange Framework.
SEC. 4.Section 14012 of the Unemployment Insurance Code is amended to read:14012.The board shall be appointed by the Governor to assist in the development of the State Plan and to carry out other functions, as described in Section 14103. The board shall be comprised of the Governor and representatives from the following categories:
(a)Two members of each house of the Legislature, appointed by the appropriate presiding officer of each house.
(b)A majority of board members shall be representatives of business who:
(1)Are owners of businesses, chief executives or operating officers of businesses, and other business executives or employers with optimum policymaking or hiring authority, who, in addition, may be members of a local board described in Section 3122(b)(2)(A)(i) of Title 29 of the United States Code.
(2)Represent businesses, including small businesses, or organizations representing businesses that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state.
(3)Are appointed from a group of individuals nominated by state business organizations and business trade associations.
(c)(1)Not less than 20 percent of board members shall be representatives of the workforce within the state, including representatives of labor organizations nominated by state labor federations, who shall not be less than 15 percent of the board membership and who shall include at least one representative that is a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, such a representative of an apprenticeship program in the state.
(2)Representatives appointed pursuant to this subdivision may include:
(A)Representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans, organizations that provide or support competitive, integrated employment for individuals with disabilities, organizations that serve transgender and gender nonconforming individuals, and organizations that represent or serve older adults.
(B)Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.
(d)The balance of board members:
(1)Shall include representatives of government that are lead state officials with primary responsibility for the core programs and shall include chief elected officials, collectively representing cities, counties, and cities and counties where appropriate.
(2)May include other representatives and officials as the Governor may designate, like any of the following:
(A)State agency officials from agencies that are one-stop partners, not specified in paragraph (1), including additional one-stop partners whose programs are covered by the State Plan, if any.
(B)State agency officials responsible for economic development or juvenile justice programs in the state.
(C)Individuals who represent an Indian tribe or tribal organization, as those terms are defined in Section 3221(b) of Title 29 of the United States Code.
(D)State agency officials responsible for education programs in the state, including chief executive officers, or their designees, of institutions of higher education, including, but not limited to, the California Community College system, the California State University system, the University of California system, and their respective individual campuses.
(e)Other requirements of board membership shall include:
(1)The Governor shall select a chairperson for the board from among the representatives described in subdivision (b).
(2)The members of the board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas.
(3)The members of the board shall include state agency officials responsible for administering programs that serve, and state commission officials that advocate on behalf of, older adults.
(f)For purposes of this section, older adult means a person 60 years of age or older.
SEC. 5.Section 5771 of the Welfare and Institutions Code is amended to read:5771.(a)Pursuant to Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law.
(b)(1)The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a balance of state and local concerns relative to planning.
(2)As required by federal law, eight members of the planning council shall represent various state departments.
(3)Members of the planning council shall be appointed in a manner that will ensure that at least one-half are adults with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, family members of persons with serious mental illness, including adults who are dually diagnosed with serious mental illness and substance use disorders, family members of children with emotional disturbance, and representatives of organizations advocating on behalf of persons with mental illness, including persons who are dually diagnosed with mental illness and substance use disorders. Persons with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, and family members shall be represented in equal numbers.
(4)The Director of Health Care Services shall make appointments from among nominees from various constituency organizations for mental health or mental health and substance use disorders, which shall include representatives of consumer-related advocacy organizations, representatives of professional and provider organizations for mental health or mental health and substance use disorders, representatives of organizations that serve or advocate on behalf of older adults, defined as a person 60 years of age or older, and representatives who are direct service providers from both the public and private sectors. The director shall also appoint one representative of the California Coalition on Mental Health.
(c)Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in all target populations, including, but not limited to, children and youth, adults, and older adults.
(d)The planning council shall annually elect a chairperson and a chair-elect.
(e)The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(f)In the event of changes in the federal requirements regarding the structure and function of the planning council, or the discontinuation of federal funding, the State Department of Health Care Services shall, with input from state-level advocacy groups, consumers, family members and providers, and other stakeholders, propose to the Legislature modifications in the structure of the planning council that the department deems appropriate.
SEC. 6.Section 5845 of the Welfare and Institutions Code is amended to read:5845.(a)The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Childrens Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 17 voting members as follows:
(1)The Attorney General or the Attorney Generals designee.
(2)The Superintendent of Public Instruction or the Superintendents designee.
(3)The Chairperson of the Senate Committee on Health, the Chairperson of the Senate Committee on Human Services, or another member Member of the Senate selected by the President pro Tempore of the Senate.
(4)The Chairperson of the Assembly Committee on Health or another member Member of the Assembly selected by the Speaker of the Assembly.
(5)Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees, a representative of an employer with more than 500 employees, a representative of an organization that serves or advocates for older adults, and a representative of a health care service plan or insurer, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. At least one person appointed pursuant to this paragraph shall have a background in auditing. For purposes of this section, older adult means a person 60 years of age or older.
(b)Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties.
(c)The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(d)In carrying out its duties and responsibilities, the commission may do all of the following:
(1)Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public.
(2)Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency.
(3)Establish technical advisory committees, such as a committee of consumers and family members.
(4)Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to an officer or employee of state government.
(5)Enter into contracts.
(6)Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds.
(7)Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the states mental health system.
(8)Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), Part 3.6 (commencing with Section 5840), and the other provisions of the Mental Health Services Act.
(9)At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.
(10)If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655.
(11)Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California.
(12)Work in collaboration with the State Department of Health Care Services and the California Behavioral Health Planning Council, and in consultation with the County Behavioral Health Directors Association of California, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort.
(13)Establish a framework and voluntary standard for mental health in the workplace that serves to reduce mental health stigma, increase public, employee, and employer awareness of the recovery goals of the Mental Health Services Act, and provide guidance to Californias employer community to put in place strategies and programs, as determined by the commission, to support the mental health and wellness of employees. The commission shall consult with the Labor and Workforce Development Agency or its designee to develop the standard.
SEC. 7.Section 8257 of the Welfare and Institutions Code is amended to read:8257.(a)The Governor shall create an Interagency Council on Homelessness.
(b)The council shall have all of the following goals:
(1)To oversee implementation of this chapter.
(2)To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.
(3)To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Developments Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
(4)To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.
(5)To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.
(6)To make policy and procedural recommendations to legislators and other governmental entities.
(7)To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities efforts to obtain that funding.
(8)To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
(9)To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.
(10)To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.
(11)To ensure accountability and results in meeting the strategies and goals of the council.
(12)To identify and implement strategies to fight homelessness in small communities and rural areas.
(13)To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System.
(A)Council staff shall specify the form and substance of the required data elements.
(B)Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency.
(C)To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph.
(D)Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(E)For purposes of this paragraph, health information includes protected health information, as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(14)To set goals to prevent and end homelessness among Californias youth.
(15)To improve the safety, health, and welfare of young people experiencing homelessness in the state.
(16)To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.
(17)To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.
(18)To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.
(19)To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.
(c)(1)The council shall consist of the following members:
(A)The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services Agency, who both shall serve as cochairs of the council.
(B)The Director of Transportation.
(C)The Director of Housing and Community Development.
(D)The Director of Social Services.
(E)The Director of the California Housing Finance Agency.
(F)The Director or the State Medicaid Director of Health Care Services.
(G)The Secretary of Veterans Affairs.
(H)The Secretary of the Department of Corrections and Rehabilitation.
(I)The Executive Director of the California Tax Credit Allocation Committee in the Treasurers office.
(J)The State Public Health Officer.
(K)The Director of the California Department of Aging.
(L)The Director of Rehabilitation.
(M)The Director of State Hospitals.
(N)The executive director of the California Workforce Development Board.
(O)The Director of the Office of Emergency Services.
(P)A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction.
(Q)A representative of the state public higher education system who shall be from one of the following:
(i)The California Community Colleges.
(ii)The University of California.
(iii)The California State University.
(2)The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.
(3)The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.
(4)The council shall hold public meetings at least once every quarter.
(d)The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. The cochairs of the council shall appoint members to this advisory committee that reflects who reflect racial and gender diversity, and shall include the following:
(1)A survivor of gender-based violence who formerly experienced homelessness.
(2)Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Developments Continuum of Care Program.
(3)Stakeholders with expertise in solutions to homelessness and best practices from other states.
(4)Representatives of committees on African Americans, youth, and survivors of gender-based violence.
(5)A current or formerly homeless person who lives in California.
(6)A current or formerly homeless youth who lives in California.
(7)A current or formerly homeless person with a developmental disability.
(8)Representatives from organizations that serve or advocate on behalf of older adults, as defined as a person 60 years of age or older.
(9)This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.
(e)Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.
(f)Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:
(1)Participate in council workgroups, task forces, or other similar administrative structures.
(2)Provide to the council any relevant information regarding those state homelessness programs.
(g)The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. The members of the advisory committee and any council working group shall receive a per diem of one hundred dollars ($100) for each day spent in attendance at advisory committee meetings, and shall also be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.
(h)The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.
(i)The Business, Consumer Services, and Housing Agency shall provide staff for the council.
(j)The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.
(k)There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services, and Housing.
(l)The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services, and Housing Agency.
(a)The California Health and Human Services Agency shall establish an Alzheimers Disease and Related Disorders Advisory Committee consisting of 14 15 members selected as follows:
(1)One representing the field of academic medical research.
(2)One representing the field of social research.
(3)One representing the field of mental health.
(4)One representing the Alzheimers day care resource centers.
(5)One representing the Alzheimers disease diagnostic and treatment centers.
(6)Two representing families of persons suffering from Alzheimers disease or related disorders.
(7)Two representing organizations providing services to Alzheimers disease patients.
(8)One representing a consumer organization representing persons with Alzheimers disease.
(9)One representing a member of the State Bar who is familiar with the legal issues confronting Alzheimers disease victims and their families.
(10)Two people who have been diagnosed with Alzheimers disease to serve one-year terms.
(11)The Secretary of California Health and Human Services or his or her their designee.
(12)One representing an organization that serves or advocates on behalf of older adults, defined as a person 60 years of age or older.
(b)Members shall serve at the pleasure of the Secretary of California Health and Human Services. The agency secretary may establish fixed terms for advisory committee membership. For purposes of continuity, those terms shall be staggered.
(c)Members shall serve without compensation, but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties.
(d)The Alzheimers Disease and Related Disorders Advisory Committee shall do all of the following:
(1)Provide ongoing advice and assistance to the administration and the Legislature as to the program needs and priorities of the target population.
(2)Provide planning support to the administration and the Legislature by updating recommendations of the 1987 California Alzheimers Disease Task Force Report and regularly reviewing and updating recommendations as needed.
(3)Appoint a chairperson and vice chairperson.
(4)Meet quarterly.
(e)The Alzheimers Disease and Related Disorders Advisory Committee shall do all of the following when making policy and plan recommendations:
(1)Consult with a broad range of stakeholders, including, but not limited to, people diagnosed with Alzheimers disease, family caregivers, community-based and institutional providers, Alzheimers disease researchers and academicians, formal caregivers, the Alzheimers Association, the California Commission on Aging, and other state entities.
(2)Consider the recommendations of other state plans, including, but not limited to, the Olmstead Plan, the Long-Range Strategic Plan on Aging, and the California Department of Agings State Plan on Aging.
(3)Consider cultural and linguistic factors that impact persons with Alzheimers disease and their families who are from diverse populations.
(4)Review current state policies and practices concerning care and treatment related to Alzheimers disease and other dementia disorders, and develop recommendations concerning all of the following issues:
(A)Community-based support for Californias diverse people with Alzheimers disease and their family members.
(B)Choices for care and residence for persons with Alzheimers disease and their families.
(C)An integrated public health care management approach to Alzheimers disease in health care settings that makes full use of dementia care practices.
(D)The dementia competence of health care professionals.
(E)Early identification and intervention through increasing public awareness of Alzheimers disease.
(f) All meetings of the advisory committee, and any subcommittees thereof, shall be open to the public and adequate notice shall be provided in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 128250 of the Health and Safety Code is amended to read:128250.(a)The terms used in this article have the same meaning as in Section 128205.
(b)There is hereby created a California Health Workforce Education and Training Council that shall be responsible for helping coordinate Californias health workforce education and training to develop a health workforce that meets Californias health care needs. The council shall be composed of 18 20 members who, together, represent various graduate medical education and training programs, health professions, including, but not limited to, specialties for primary care and behavioral health, and consumer representatives who shall serve at the pleasure of their appointing authorities, as follows:
(1)Six members appointed by the Governor.
(2)One member who shall be the Director of the State Department of Health Care Services, or the directors designee.
(3)One member who shall be the Director of the Department of Health Care Access and Information, or the directors designee.
(4)One member who shall be the Secretary of Labor and Workforce Development, or the secretarys designee.
(5)Three members appointed by the Speaker of the Assembly.
(6)Three members appointed by the Chairperson of the Senate Committee on Rules.
(7)One member who shall be the President of the University of California, or the presidents designee.
(8)One member who shall be the Chancellor of the California State University, or the chancellors designee.
(9)One member who shall be the Chancellor of the California Community Colleges, or the chancellors designee.
(10)One member who shall be a state agency official responsible for administering programs that serve older adults.
(11)One member who shall be a state commission official that advocates on behalf of older adults. For purposes of this section, older adult means a person 60 years of age or older.
(c)Members of the council appointed under paragraphs (1), (5), and (6) of subdivision (a) (b) shall be appointed for a term of four years, except that the term of office of the initial members appointed under paragraph (1) shall expire at the end of two years.
SEC. 3.Section 130290 of the Health and Safety Code is amended to read:130290.(a)On or before July 1, 2022, and subject to an appropriation in the annual Budget Act, the California Health and Human Services Agency, along with its departments and offices and in consultation with stakeholders and local partners, shall establish the California Health and Human Services Data Exchange Framework that shall include a single data sharing agreement and common set of policies and procedures that will leverage and advance national standards for information exchange and data content, and that will govern and require the exchange of health information among health care entities and government agencies in California.
(1)The California Health and Human Services Data Exchange Framework is not intended to be an information technology system or single repository of data, rather it is technology agnostic and is a collection of organizations that are required to share health information using national standards and a common set of policies in order to improve the health outcomes of the individuals they serve.
(2)The California Health and Human Services Data Exchange Framework will be designed to enable and require real-time access to, or exchange of, health information among health care providers and payers through any health information exchange network, health information organization, or technology that adheres to specified standards and policies.
(3)The California Health and Human Services Data Exchange Framework shall align with state and federal data requirements, including the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Confidentiality of Medical Information Act of 1996 (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and other applicable state and federal privacy laws related to the sharing of data among and between providers, payers, and the government, while also streamlining and reducing reporting burden.
(4)For the purposes of this section, health information means:
(A)For hospitals, clinics, and physician practices, at a minimum, the United States Core Data for Interoperability Version 1, until October 6, 2022. After that date, it shall include all electronic health information as defined under federal regulation in Section 171.102 of Title 45 of the Code of Federal Regulations and held by the entity.
(B)For health insurers and health care service plans, at a minimum, the data required to be shared under the Centers for Medicare and Medicaid Services Interoperability and Patient Access regulations for public programs as contained in United States Department of Health and Human Services final rule CMS-9115-F, 85 FR 25510.
(b)(1)On or before January 31, 2024, the entities listed in subdivision (f), except those identified in paragraph (2), shall exchange health information or provide access to health information to and from every other entity in subdivision (f) in real time as specified by the California Health and Human Services Agency pursuant to the California Health and Human Services Data Exchange Framework data sharing agreement for treatment, payment, or health care operations.
(2)The requirement in paragraph (1) shall not apply to physician practices of fewer than 25 physicians, rehabilitation hospitals, long-term acute care hospitals, acute psychiatric hospitals, critical access hospitals, and rural general acute care hospitals with fewer than 100 acute care beds, state-run acute psychiatric hospitals, and any nonprofit clinic with fewer than 10 health care providers until January 31, 2026.
(c)The California Health and Human Services Agency shall convene a stakeholder advisory group no later than September 1, 2021, to advise on the development and implementation of the California Health and Human Services Data Exchange Framework.
(1)The members of the stakeholder advisory group shall be appointed by the Secretary of California Health and Human Services and shall not have a financial interest, individually or through a family member, related to issues the stakeholder advisory group will advise on.
(2)The stakeholder advisory group shall be composed of health care stakeholders and experts, including representatives of all the following:
(A)The State Department of Health Care Services.
(B)The State Department of Social Services.
(C)The Department of Managed Health Care.
(D)The Department of Health Care Access and Information.
(E)The State Department of Public Health.
(F)The Department of Insurance.
(G)The Public Employees Retirement System.
(H)The California Health Benefit Exchange.
(I)Health care service plans and health insurers.
(J)Physicians, including those with small practices.
(K)Hospitals, including public, private, rural, and critical access hospitals.
(L)Clinics, long-term care facilities, behavioral health facilities, or substance use disorder facilities.
(M)Consumers.
(N)Organized labor.
(O)Privacy and security professionals.
(P)Health information technology professionals.
(Q)Community health information organizations.
(R)County health, social services, and public health.
(S)Community-based organizations providing social services.
(T)State agencies responsible for administering programs that serve, or state commissions that advocate on behalf of, older adults, as defined as a person 60 years of age or older.
(3)The stakeholder advisory group shall provide information and advice to the California Health and Human Services Agency on health information technology issues, including all of the following:
(A)Identify which data beyond health information as defined in paragraph (4) of subdivision (a), at minimum, should be shared for specified purposes between the entities outlined in this subdivision and subdivision (f).
(B)Identify gaps, and propose solutions to gaps, in the life cycle of health information, including gaps in any of the following:
(i)Health information creation, including the use of national standards in clinical documentation, health plan records, and social services data.
(ii)Translation, mapping, controlled vocabularies, coding, and data classification.
(iii)Storage, maintenance, and management of health information.
(iv)Linking, sharing, exchanging, and providing access to health information.
(C)Identify ways to incorporate data related to social determinants of health, such as housing and food insecurity, into shared health information.
(D)Identify ways to incorporate data related to underserved or underrepresented populations, including, but not limited to, data regarding sexual orientation and gender identity and racial and ethnic minorities.
(E)Identify ways to incorporate relevant data on behavioral health and substance use disorder conditions.
(F)Address the privacy, security, and equity risks of expanding care coordination, health information exchange, access, and telehealth in a dynamic technological, and entrepreneurial environment, where data and network security are under constant threat of attack.
(G)Develop policies and procedures consistent with national standards and federally adopted standards in the exchange of health information and ensure that health information sharing broadly implements national frameworks and agreements consistent with federal rules and programs.
(H)Develop definitions of complete clinical, administrative, and claims data consistent with federal policies and national standards.
(I)Identify how all payers will be required to provide enrollees with electronic access to their health information, consistent with rules applicable to federal payer programs.
(J)Assess governance structures to help guide policy decisions and general oversight.
(K)Identify federal, state, private, or philanthropic sources of funding that could support data access and exchange.
(4)The stakeholder advisory group shall hold public meetings with stakeholders, solicit input, and set its own meeting agendas. Meetings of the stakeholder advisory group are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(5)The members of the stakeholder advisory group shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the group.
(d)No later than April 1, 2022, the California Health and Human Services Agency shall submit an update, including written recommendations, to the Legislature based on input from the stakeholder advisory group on the issues identified in paragraph (3) of subdivision (c).
(e)On or before January 31, 2023, the California Health and Human Services Agency shall work with the California State Association of Counties to encourage the inclusion of county health, public health, and social services, to the extent possible, as part of the California Health and Human Services Data Exchange Framework in order to assist both public and private entities to connect through uniform standards and policies. It is the intent of the Legislature that all state and local public health agencies will exchange electronic health information in real time with participating health care entities to protect and improve the health and well-being of Californians.
(f)On or before January 31, 2023, and in alignment with existing federal standards and policies, the following health care organizations shall execute the California Health and Human Services Data Exchange Framework data sharing agreement pursuant to subdivision (a):
(1)General acute care hospitals, as defined by Section 1250.
(2)Physician organizations and medical groups.
(3)Skilled nursing facilities, as defined by Section 1250, that currently maintain electronic records.
(4)Health care service plans and disability insurers that provide hospital, medical, or surgical coverage that are regulated by the Department of Managed Health Care or the Department of Insurance. This section shall also apply to a Medi-Cal managed care plan under a comprehensive risk contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code that is not regulated by the Department of Managed Health Care or the Department of Insurance.
(5)Clinical laboratories, as that term is used in Section 1265 of the Business and Professions Code, and that are regulated by the State Department of Public Health.
(6)Acute psychiatric hospitals, as defined by Section 1250.
(g)The California Health and Human Services Agency shall work with experienced nonprofit organizations and entities represented in the stakeholder advisory group in subdivision (c) to provide technical assistance to the entities outlined in subdivisions (e) and (f).
(h)On or before July 31, 2022, the California Health and Human Services Agency shall develop in consultation with the stakeholder advisory group in subdivision (c) a strategy for unique, secure digital identities capable of supporting master patient indices to be implemented by both private and public organizations in California.
(i)For purposes of implementing this section, including, but not limited to, hiring staff and consultants, facilitating and conducting meetings, conducting research and analysis, and developing the required reports, the California Health and Human Services Agency may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. No person hired or otherwise retained pursuant to this subdivision shall be permitted to have any financial interest in the California Health and Human Services Data Exchange Framework or shall be, or be affiliated with, any health care organization required to participate in the California Health and Human Services Data Exchange Framework pursuant to subdivisions (b) and (f). The term person, as used in this subdivision, means any individual, partnership, joint venture, association, corporation, or any other organization or any combination thereof.
(j)All actions to implement the California Health and Human Services Data Exchange Framework, including the adoption or development of any data sharing agreement, requirements, policies and procedures, guidelines, subgrantee contract provisions, or reporting requirements, shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The California Health and Human Services Agency, or a designee department or office under its jurisdiction, shall release program notices that detail the requirements of the California Health and Human Services Data Exchange Framework.
SEC. 4.Section 14012 of the Unemployment Insurance Code is amended to read:14012.The board shall be appointed by the Governor to assist in the development of the State Plan and to carry out other functions, as described in Section 14103. The board shall be comprised of the Governor and representatives from the following categories:
(a)Two members of each house of the Legislature, appointed by the appropriate presiding officer of each house.
(b)A majority of board members shall be representatives of business who:
(1)Are owners of businesses, chief executives or operating officers of businesses, and other business executives or employers with optimum policymaking or hiring authority, who, in addition, may be members of a local board described in Section 3122(b)(2)(A)(i) of Title 29 of the United States Code.
(2)Represent businesses, including small businesses, or organizations representing businesses that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state.
(3)Are appointed from a group of individuals nominated by state business organizations and business trade associations.
(c)(1)Not less than 20 percent of board members shall be representatives of the workforce within the state, including representatives of labor organizations nominated by state labor federations, who shall not be less than 15 percent of the board membership and who shall include at least one representative that is a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, such a representative of an apprenticeship program in the state.
(2)Representatives appointed pursuant to this subdivision may include:
(A)Representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans, organizations that provide or support competitive, integrated employment for individuals with disabilities, and organizations that serve transgender and gender nonconforming individuals. individuals, and organizations that represent or serve older adults.
(B)Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth.
(d)The balance of board members:
(1)Shall include representatives of government that are lead state officials with primary responsibility for the core programs and shall include chief elected officials, collectively representing cities, counties, and cities and counties where appropriate.
(2)May include other representatives and officials as the Governor may designate, like any of the following:
(A)State agency officials from agencies that are one-stop partners, not specified in paragraph (1), including additional one-stop partners whose programs are covered by the State Plan, if any.
(B)State agency officials responsible for economic development or juvenile justice programs in the state.
(C)Individuals who represent an Indian tribe or tribal organization, as those terms are defined in Section 3221(b) of Title 29 of the United States Code.
(D)State agency officials responsible for education programs in the state, including chief executive officers, or their designees, of institutions of higher education, including, but not limited to, the California Community College system, the California State University system, the University of California system, and their respective individual campuses.
(e)Other requirements of board membership shall include:
(1)The Governor shall select a chairperson for the board from among the representatives described in subdivision (b).
(2)The members of the board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas.
(3)The members of the board shall include state agency officials responsible for administering programs that serve, and state commission officials that advocate on behalf of, older adults.
(f)For purposes of this section, older adult means a person 60 years of age or older.
SEC. 5.Section 5771 of the Welfare and Institutions Code is amended to read:5771.(a)Pursuant to Public Law 102-321, there is the California Behavioral Health Planning Council. The purpose of the planning council shall be to fulfill those mental health planning requirements mandated by federal law.
(b)(1)The planning council shall have 40 members, to be comprised of members appointed from both the local and state levels in order to ensure a balance of state and local concerns relative to planning.
(2)As required by federal law, eight members of the planning council shall represent various state departments.
(3)Members of the planning council shall be appointed in a manner that will ensure that at least one-half are adults with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, family members of persons with serious mental illness, including adults who are dually diagnosed with serious mental illness and substance use disorders, family members of children with emotional disturbance, and representatives of organizations advocating on behalf of persons with mental illness, including persons who are dually diagnosed with mental illness and substance use disorders. Persons with serious mental illness, including persons who are dually diagnosed with serious mental illness and substance use disorders, and family members shall be represented in equal numbers.
(4)The Director of Health Care Services shall make appointments from among nominees from various constituency organizations for mental health or mental health and substance use disorders, which shall include representatives of consumer-related advocacy organizations, representatives of professional and provider organizations for mental health or mental health and substance use disorders, representatives of organizations that serve or advocate on behalf of older adults, defined as a person 60 years of age or older, and representatives who are direct service providers from both the public and private sectors. The director shall also appoint one representative of the California Coalition on Mental Health.
(c)Members should be balanced according to demography, geography, gender, and ethnicity. Members should include representatives with interest in all target populations, including, but not limited to, children and youth, adults, and older adults.
(d)The planning council shall annually elect a chairperson and a chair-elect.
(e)The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(f)In the event of changes in the federal requirements regarding the structure and function of the planning council, or the discontinuation of federal funding, the State Department of Health Care Services shall, with input from state-level advocacy groups, consumers, family members and providers, and other stakeholders, propose to the Legislature modifications in the structure of the planning council that the department deems appropriate.
SEC. 6.Section 5845 of the Welfare and Institutions Code is amended to read:5845.(a)The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Childrens Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 16 17 voting members as follows:
(1)The Attorney General or the Attorney Generals designee.
(2)The Superintendent of Public Instruction or the Superintendents designee.
(3)The Chairperson of the Senate Committee on Health, the Chairperson of the Senate Committee on Human Services, or another member of the Senate selected by the President pro Tempore of the Senate.
(4)The Chairperson of the Assembly Committee on Health or another member of the Assembly selected by the Speaker of the Assembly.
(5)Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees, a representative of an employer with more than 500 employees, a representative of an organization that serves or advocates for older adults, and a representative of a health care service plan or insurer, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. At least one person appointed pursuant to this paragraph shall have a background in auditing. For purposes of this section, older adult means a person 60 years of age or older.
(b)Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties.
(c)The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year.
(d)In carrying out its duties and responsibilities, the commission may do all of the following:
(1)Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public.
(2)Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency.
(3)Establish technical advisory committees, such as a committee of consumers and family members.
(4)Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to an officer or employee of state government.
(5)Enter into contracts.
(6)Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds.
(7)Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the states mental health system.
(8)Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), Part 3.6 (commencing with Section 5840), and the other provisions of the Mental Health Services Act.
(9)At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.
(10)If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655.
(11)Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California.
(12)Work in collaboration with the State Department of Health Care Services and the California Behavioral Health Planning Council, and in consultation with the County Behavioral Health Directors Association of California, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort.
(13)Establish a framework and voluntary standard for mental health in the workplace that serves to reduce mental health stigma, increase public, employee, and employer awareness of the recovery goals of the Mental Health Services Act, and provide guidance to Californias employer community to put in place strategies and programs, as determined by the commission, to support the mental health and wellness of employees. The commission shall consult with the Labor and Workforce Development Agency or its designee to develop the standard.
SEC. 7.Section 8257 of the Welfare and Institutions Code is amended to read:8257.(a)The Governor shall create an Interagency Council on Homelessness.
(b)The council shall have all of the following goals:
(1)To oversee implementation of this chapter.
(2)To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.
(3)To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Developments Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
(4)To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.
(5)To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.
(6)To make policy and procedural recommendations to legislators and other governmental entities.
(7)To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities efforts to obtain that funding.
(8)To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
(9)To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.
(10)To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.
(11)To ensure accountability and results in meeting the strategies and goals of the council.
(12)To identify and implement strategies to fight homelessness in small communities and rural areas.
(13)To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System.
(A)Council staff shall specify the form and substance of the required data elements.
(B)Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency.
(C)To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph.
(D)Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(E)For purposes of this paragraph, health information includes protected health information, as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(14)To set goals to prevent and end homelessness among Californias youth.
(15)To improve the safety, health, and welfare of young people experiencing homelessness in the state.
(16)To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.
(17)To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.
(18)To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.
(19)To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.
(c)(1)The council shall consist of the following members:
(A)The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services Agency, who both shall serve as cochairs of the council.
(B)The Director of Transportation.
(C)The Director of Housing and Community Development.
(D)The Director of Social Services.
(E)The Director of the California Housing Finance Agency.
(F)The Director or the State Medicaid Director of Health Care Services.
(G)The Secretary of Veterans Affairs.
(H)The Secretary of the Department of Corrections and Rehabilitation.
(I)The Executive Director of the California Tax Credit Allocation Committee in the Treasurers office.
(J)The State Public Health Officer.
(K)The Director of the California Department of Aging.
(L)The Director of Rehabilitation.
(M)The Director of State Hospitals.
(N)The executive director of the California Workforce Development Board.
(O)The Director of the Office of Emergency Services.
(P)A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction.
(Q)A representative of the state public higher education system who shall be from one of the following:
(i)The California Community Colleges.
(ii)The University of California.
(iii)The California State University.
(2)The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.
(3)The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.
(4)The council shall hold public meetings at least once every quarter.
(d)The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. The cochairs of the council shall appoint members to this advisory committee that reflects racial and gender diversity, and shall include the following:
(1)A survivor of gender-based violence who formerly experienced homelessness.
(2)Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Developments Continuum of Care Program.
(3)Stakeholders with expertise in solutions to homelessness and best practices from other states.
(4)Representatives of committees on African Americans, youth, and survivors of gender-based violence.
(5)A current or formerly homeless person who lives in California.
(6)A current or formerly homeless youth who lives in California.
(7)A current or formerly homeless person with a developmental disability.
(8)Representatives from organizations that serve or advocate on behalf of older adults, as defined as a person 60 years of age or older.
(8)(9)This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.
(e)Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.
(f)Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:
(1)Participate in council workgroups, task forces, or other similar administrative structures.
(2)Provide to the council any relevant information regarding those state homelessness programs.
(g)The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. The members of the advisory committee and any council working group shall receive a per diem of one hundred dollars ($100) for each day spent in attendance at advisory committee meetings, and shall also be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.
(h)The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.
(i)The Business, Consumer Services, and Housing Agency shall provide staff for the council.
(j)The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.
(k)There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services, and Housing.
(l)The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services, and Housing Agency.
SECTION 1.It is the intent of the Legislature to enact legislation that would increase representation for older adults on state boards and commissions.It is the intent of the Legislature to enact legislation that would increase representation for older adults on state boards and commissions.
|
Date
|
Status
|
|---|---|
| Sep 1, 2023 | In committee: Held under submission. |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 13, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 12). Re-referred to Com. on APPR. |
| Jul 3, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. |
| Jun 20, 2023 | From committee: Do pass and re-refer to Com. on HEALTH with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 19). Re-referred to Com. on HEALTH. |
| May 24, 2023 | Referred to Coms. on HUMAN S. and HEALTH. |
| May 11, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 1523.) |
| May 4, 2023 | Read second time. Ordered to Consent Calendar. |
| May 3, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 19, 2023 | Re-referred to Com. on APPR. |
| Apr 19, 2023 | In committee: Hearing postponed by committee. |
| Apr 18, 2023 | Read second time and amended. |
| Apr 17, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 11). |
| Mar 21, 2023 | Re-referred to Com. on AGING & L.T.C. |
| Mar 20, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended. |
| Mar 16, 2023 | Referred to Com. on AGING & L.T.C. |
| Feb 14, 2023 | From printer. May be heard in committee March 16. |
| Feb 13, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 12, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Health |
Passed |
|
| Jun 19, 2023 | Do pass, but first be re-referred to the Committee on [Health] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| May 11, 2023 | AB 820 Reyes Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 11, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Aging and Long-Term Care |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Advisory Council for Sourcewise | ** Support | |
| Agency on Aging / Area 4 | ** Support | |
| American Association of Retired People | ** Support | |
| California Alliance For Retired Americans | ** Support | |
| California Association Of Area Agencies On Aging | ** Support | |
| California Commission on Aging | ** Support | |
| California Long-Term Care Ombudsman Association | ** Support | |
| California Senior Legislature | ** Support | |
| California State Retirees | ** Support | |
| LeadingAge California | ** Support | |
| Retired Public Employees Association | ** Support | |
| Senior Advocacy Services | ** Support | |
| Village Movement California | ** Support |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 820 (Reyes) - State boards and commissions: seniors
Version: July 3, 2023 | Policy Vote: HUMAN S. 5 - 0, HEALTH 11 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 14, 2023 | Consultant: Agnes Lee |
Bill Summary:
AB 820 would add representatives from organizations that serve or advocate on behalf of older adults to specified state boards, committees and councils.
Fiscal Impact:
- The Department of Health Care Access and Information (HCAI) estimates ongoing General Fund costs of $100,000 beginning in 2024-25 for the California Health Workforce Education and Training Council , to cover contracts to provide additional council member support, meeting coordination, research and development, and travel cost reimbursements.
- The California Health and Human Services Agency, the California Workplace Development Board, and the California Interagency Council on Homelessness anticipate minor and absorbable costs; and the Mental Health Services Oversight and Accountability Commission indicates no fiscal impact.
Background:
Current law establishes the following:
- Alzheimer’s Disease and Related Disorders Advisory Committee within the California Health and Human Services Agency.
- California Health Workforce Education and Training Council responsible for helping coordinate California’s health workforce education and training to develop a health workforce that meets California’s health care needs.
- California Workplace Development Board to assist the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce.
- California Behavioral Health Planning Council whose purpose is to fulfill mental health planning requirements mandated by federal law.
- California Mental Health Services Oversight and Accountability Commission to oversee the Mental Health Services Act.
- California Interagency Council on Homelessness to identify resources, create partnerships, coordinate existing funding, and make policy recommendations, among other responsibilities.
Proposed Law:
AB 820 would add representatives from organizations that serve or advocate on behalf of older adults, defined as a person 60 years of age or older, to specified state boards, committees and councils.
Related Legislation:
AB 387 (Aguiar-Curry) would make various changes to the membership of the Alzheimer’s Disease and Related Disorders Advisory Committee. The bill is currently on the suspense file in this committee.
SB 246 (Ochoa-Bogh) would add a member, as specified, to the California Interagency Council on Homelessness. The bill is currently in the Assembly Appropriations Committee.
SB 842 (Jones) would add a member, as specified, to the California Interagency Council on Homelessness. The bill is currently in the Assembly Appropriations Committee.
-- END --
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 820
Author:(Reyes) – As Amended Ver:April 18, 2023
Policy Committee: | Aging and Long Term Care | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires older adults to be represented on various state boards, commissions, and advisory groups.
Specifically, this bill:
- Requires seven specified entities to include a state agency official responsible for administering programs that serve older adults, or a state commission official that advocates on behalf of older adults, or a representative from an organization that serves or advocates on behalf of older adults, among their members or representatives, including the following:
- The Alzheimer’s Disease and Related Disorders Advisory Committee.
- The California Health Workforce Education and Training Council.
- The California Health and Human Services Data Exchange Framework (HHS Data Exchange) stakeholder advisory group.
- The California Workforce Development Board.
- The California Behavioral Health Planning Council.
- The Mental Health Services Oversight and Accountability Commission.
- The Interagency Council on Homelessness.
- Defines an “older adult” as a person 60 years of age or older.
FISCAL EFFECT:
Minor costs (various funds) to each of the seven entities to accommodate an additional member. Total costs are likely in the low tens of thousands of dollars statewide. Each of the seven entities reimburses its non-government-employee members for actual and necessary expenses related to the member’s duties. In addition, the Health Workforce Education and Training Council provides $25 per day for meeting attendance, the Interagency Council on Homelessness provides its advisory committee and council working group members $100 per day for meeting attendance, and the Workforce Development Board provides $100 per day for meeting attendance, not to exceed $300 per month.
COMMENTS:
- Purpose. This bill is sponsored by the California Commission on Aging. According to the author:
Californians are living longer than ever before. By 2030, over 25% of Californians will be age 60 and older. At the same time, California has the highest percentage of older adults living at or below the poverty level and they are also the fastest growing population going into homelessness. This bill requires that older adults are represented on seven different California state boards, commissions, and advisory committees, which focus on various issues, including mental health, homelessness, healthcare, and workforce development. This bill ensures that the voices of older adults are represented in groups that discuss issues that affect them.
- Background. California’s aging population is growing faster than any other age group. It is also the fastest growing homeless population in the state. In January of 2021, the Governor released his Master Plan for Aging (MPA), which prioritizes the health and well-being of older Californians and the need for policies that promote healthy aging.
The MPA serves as a blueprint for state government, local government, the private sector, and philanthropy to prepare the state for the coming demographic changes and continue California’s leadership in aging, disability, and equity. The work plan laid out in the MPA continues to highlight the urgent needs facing California’s older adults, people with disabilities, their families, advocates and the workforce supporting these populations.
The MPA outlines five bold goals and 23 strategies and currently seeks to advance 95 initiatives to build a California for All Ages by 2030. It also includes a “Data Dashboard on Aging” to measure progress. This bill supports these efforts by adding older adult representation on relevant state boards, commissions, and workgroups.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
SENATE COMMITTEE ON HEALTH
Senator Dr. Susan Talamantes Eggman, Chair
BILL NO: AB 820
AUTHOR: | Reyes | ||
VERSION: | July 3, 2023 | ||
HEARING DATE: | July 12, 2023 | ||
CONSULTANT: | Teri Boughton | ||
SUBJECT: State boards and commissions: seniors
SUMMARY:
Adds an individual representing an organization that serves or advocates on behalf of older adults, defined as a person 60 years of age or older, to the Alzheimer’s disease and Related Disorders Advisory Committee, the Mental Health Services Oversight and Accountability Commission, and an advisory committee of the Interagency Council on Homelessness. Adds to the California Health Workforce Education and Training Council, a state agency official responsible for administering programs that service older adults, and, a state commission official that advocates on behalf of older adults. Authorizes the Workforce Development Board to include representatives of organizations that represent or serve older adults, and, requires the Workforce Investment Board to include state agency officials responsible for administering programs that serve, and state commission officials that advocate on behalf of, older adults.
Existing law:
- Requires the California Health and Human Services Agency (CHHS) to establish an Alzheimer’s Disease and Related Disorders Advisory Committee, comprised of 14 members as follows:
- One representing the field of academic medical research;
b) One representing the field of social research;
c) One representing the field of mental health;
d) One representing the Alzheimer’s day care resource centers;
e) One representing the Alzheimer’s disease diagnostic and treatment centers;
f) Two representing families of persons suffering from Alzheimer’s disease or related disorders;
g) Two representing organizations providing services to Alzheimer’s disease patients;
h) One representing a consumer organization representing persons with Alzheimer’s disease;
i) One representing a member of the State Bar who is familiar with the legal issues confronting Alzheimer’s disease victims and their families;
j) Two people who have been diagnosed with Alzheimer’s disease to serve one-year terms; and,
k) The CHHS Secretary or his or her designee. [HSC §1568.17]
- Establishes the California Health Workforce Education and Training Council to help coordinate California’s health workforce education and training to develop a workforce that meets California’s health care needs. [HSC §128250]
- Establishes the California Workforce Development Board, which is responsible in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment system. [UIC §14010 et. seq.]
- Establishes the California Behavioral Health Planning Council to fulfill mental health planning requirements mandated by federal law. [WIC §5771]
- Establishes the Mental Health Services Act, enacted by voters in 2004 as Proposition 63, to provide funds to counties to expand services, develop innovative programs, and integrate service plans for mentally ill children, adults, and seniors through a 1% income tax on personal income above $1 million. [WIC §5890, et seq.]
- Establishes the Interagency Council on Homelessness. [WIC §8257]
- Establishes the California Commission on Aging (Commission) to do the following:
- Serve as the principal advocate body in the state on behalf of older individuals, including, but not limited to, advisory participation in the consideration of all legislation and regulations made by state and federal departments and agencies relating to programs and services that affect older individuals;
- Participate with the department in training workshops for community, regional and statewide senior advocates, to help older individuals understand legislative, regulatory, and program implementation processes;
- Prepare, publish, and disseminate information, findings, and recommendations regarding the well-being of older individuals;
- Actively participate and advise the department in the development and preparation of the State Plan on Aging, conduct public hearings on the State Plan on Aging, review and comment on the state plan, and monitor the progress of the plan’s implementation;
- Meet at least six times annually in order to study problems of older individuals and present findings and make recommendations; and,
- Hold hearings throughout the state, that may include conducting an annual statewide hearing inviting all departments administering programs affecting seniors, in order to gather information and advise the Governor, Legislature, department, and agencies on all levels of government regarding solutions to problems confronting older individuals and the most effective use of existing resources and available services for individuals. [WIC §9200 et. seq.]
This bill:
- Adds a member to the Alzheimer’s disease and Related Disorders Advisory Committee who represents an organization that serves or advocates on behalf of older adults. Defines “older adult” as a person 60 years of age or older.
- Adds two members to the California Health Workforce Education and Training Council: one who is a state agency official responsible for administering programs that serve older adults; and, one who is a state commission official that advocates on behalf of older adults.
- Authorizes the California Workforce Development Board to include representatives of organizations that represent or serve older adults and requires the board to include state agency officials responsible for administering programs that serve, and state commission officials that advocate on behalf of, older adults.
- Requires the Director of the Department of Health Care Services to make appointments to the California Behavioral Health Planning Council from among nominees of various constituency organizations, including representatives of organization that serve or advocate on behalf of older adults.
- Adds a representative of an organization that services or advocates for older adults to the Mental Health Services Oversight and Accountability Commission.
- Adds representatives from organizations that serve or advocate on behalf of older adults to the advisory committee of the Interagency Council on Homelessness.
FISCAL EFFECT:
The Assembly Appropriations Committee analysis indicates there is an unknown fiscal effect.
PRIOR VOTES:
Senate Human Services Committee: 5 – 0
Assembly Floor: 66 – 0
Assembly Appropriations Committee: 16 – 0
Assembly Aging and Long Term Care 8 – 0
Committee:
COMMENTS:
- Author’s statement. According to the author, Californians are living longer than ever before. By 2030, over 25% of Californians will be age 60 and older. At the same time, California has the highest percentage of older adults living at or below the poverty level and they are also the fastest-growing population going into homelessness. This bill requires that older adults are represented on seven different California state boards, commissions, and advisory committees, which focus on various issues, including mental health, homelessness, healthcare, and workforce development. This bill ensures that the voices of older adults are represented in groups that discuss issues that affect them.
- Commission. Established in the Older Californians Act, the Commission is comprised of 25 appointees representing the state’s racial, ethnic, and geographic diversity. Members of the Commission are consumers and providers of aging services, as well as researchers and academicians from the field of aging. Commissioners are volunteers who serve up to two three-year terms, appointed by the Governor, the Speaker of the Assembly, and the Senate Rules Committee. The Commission serves as the principal advocacy body for older Californians and as a catalyst for change that supports and celebrates Californians as they age. The Commission’s work on behalf of older adults reflects the values of equity and inclusion; autonomy, choice, and access; respect and integrity; collaboration and partnership. The Commission advises the Governor and Legislature, along with state, federal, and local agencies on programs and services that affect older adults. The Commission works closely with public, nonprofit, and private-sector partners to address emerging challenges and opportunities.
- Double referral. This bill was heard in the Senate Human Services Committee on June 19, 2023, and passed with a vote of 5-0.
- Related legislation. AB 387 (Aguiar-Curry) expands the Alzheimer’s disease and Related Disorders Advisory Committee, from 14 members to not more than 25 members, as specified, and makes other clarifying changes to the law that governs the Advisory Committee. AB 387 is pending in the Senate Appropriations Committee.
AB 283 (Patterson) urges the Governor to consider ensuring geographic representation among the 10 regions of California, as specified, when making appointments of commissioners to the Mental Health Services Oversight and Accountability Commission.
AB 283 is pending on the Senate Floor.
AB 129 (Committee on Budget) is a budget trailer bill on housing and homeless issues and includes authorization for the Interagency Council on Homelessness advisory committee to participate remotely and any members who are or have been homeless to receive per diem and reimbursement for travel or other expenses. AB 129 is pending with the Governor.
SB 842 (Jones) adds the Director of the Department of Developmental Services to the California Interagency Council on Homelessness and contains an urgency clause for the measure to take effect immediately. SB 842 is pending in the Assembly Appropriations Committee.
SB 326 (Eggman) among many other changes, renames the Mental Health Services Oversight and Accountability Commission to the Behavioral Health Services Oversight and Accountability Commission and changes the composition and duties of the commission, as specified. SB 326 is set to be heard on July 11, 2023 in the Assembly Health Committee.
SB 246 (Ochoa Bogh) adds a representative from the State Council on Developmental Disabilities to the California Interagency Council on Homelessness. SB 246 passed the Assembly Human Services Committee with a vote of 8-0 on June 20, 2023.
- Prior legislation. AB 1618 (Aguiar-Curry of 2022) would have expanded the membership of the Advisory Committee and established the Office of the Healthy Brain Initiative at the California Department of Public Health. AB 1618 was held on the Senate Appropriations Committee suspense file.
- Support. This bill’s sponsor is the Commission, which writes, in California, task forces, councils, commissions, and work groups provide the foundation for systemic change, giving individuals who represent larger groups a voice in their government. When these advisory groups are working properly, they allow citizens to influence decisions that shape the quality of life for the residents of our state. While the current authority for making appointments does not exclude representation by individuals who represent the needs or perspectives of older adults, it fails to recognize these individuals as a requirement. The lack of involvement denies the reality and viewpoint of the older adult stakeholders, which may have conflicting goals. Additionally, the absence of the representation of the older adult stakeholder may result in system goals being prioritized over the goals of older adults. California is changing, and it is aging. California's over-60 population is projected to diversify and grow faster than any other age group. By 2030, 10.8 million Californians will be older adults, making up one-quarter of the State's population. This bill will improve outcomes by including people whose needs and life experiences are different from the majority. This will help policymakers understand situations from other positions and to consider others' beliefs, experiences, and perspectives. This bill will ensure the interests of older adults, as reflected by state agencies, providers, and advocacy organizations that represent them, are "at the table."
- Policy comment. This bill has chaptering out conflicts with AB 387, AB 283, AB 129, SB 842, SB 326, and SB 246. Without reconciliation there may be chaptering out issues if all bills are enacted.
SUPPORT AND OPPOSITION:
Support: California Commission on Aging (sponsor)
Agency on Aging / Area 4
American Association of Retired People
California Alliance for Retired Americans
California Association of Area Agencies on Aging
California Commission on Aging
California Long-Term Care Ombudsman Association
California Senior Legislature
California State Retirees
LeadingAge California
Retired Public Employees Association
Senior Advocacy Services
Village Movement California
Oppose: None received
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 820 | ||
Author: | Reyes | ||
Version: | April 18, 2023 | Hearing Date: | June 19, 2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Heather Hopkins | ||
Subject: State boards and commissions: seniors
SUMMARY
This bill adds representatives from organizations that serve or advocate on behalf of older adults to a series of state boards, committees and councils.
ABSTRACT
Existing Law:
- Creates a 14 member Alzheimer’s disease and Related Disorders Advisory Committee within the California Health and Human Services Agency (HHS). (HSC 1568.17)
- Creates an eighteen member California Health Workforce Education and Training Council responsible for helping coordinate California’s health workforce education and training to develop a health workforce that meets California’s health care needs. (HHS 128250)
- Establishes a California Health and Human Services Data Exchange Framework within HHS to include a single data sharing agreement and common set of policies and procedures that will leverage and advance national standards for information exchange and data content, and that will govern and require the exchange of health information among health care entities and government agencies in California. (HSC 130290)
- Creates a California Workplace Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. (UIC 14012)
- Creates a California Behavioral Health Planning Council whose purpose is to fulfill mental health planning requirements mandated by federal law. (WIC 5771)
- Creates a California Mental Health Services Oversight and Accountability Commission to oversee various programs within the Adult and Older Adult Mental Health System of Care Act. (WIC 5845)
- Creates the California Interagency Council on Homelessness to identify resources, create partnerships, coordinate existing funding, and make policy recommendations, among other responsibilities. (WIC 8257)
This Bill:
- Adds to the Alzheimer’s disease and Related Disorders Advisory Committee one representing an organization that serves or advocates on behalf of older adults.
- Adds to the California Health Workforce Education and Training Council One member who is a state agency official responsible for administering programs that serve older adults and one member who is a state commission official that advocates on behalf of older adults.
- Adds to the stakeholder advisory group to the California Health and Human Services Agency to advise on the development and implementation of the California Health and Human Services Data Exchange Framework a representative from state agencies responsible for administering programs that serve, or state commissions that advocate on behalf of, older adults.
- Adds to the potential appointees to the California Workforce Development Board individuals, and organizations that represent or serve older adults.
- Adds to the potential appointments the Director of Health Care Services can make to the California Behavioral Health Planning Council a representatives of organizations that serve or advocate on behalf of older adults.
- Adds, as a member of the Mental Health Services Oversight and Accountability Commission, a representative of an organization that serves or advocates for older adults
- Adds, as a member to the advisory committee to the Interagency Council on Homeless, representatives from organizations that serve or advocate on behalf of older adults.
- For purposes of all these additions, defines “older adult” as a person 60 years or older.
FISCAL IMPACT
According to the Assembly Appropriations Committee there are fiscal impacts.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “Californians are living longer than ever before. By 2030, over 25 percent of Californians will be age 60 and older. At the same time, California has the highest percentage of older adults living at or below the poverty level and they are also the fastest-growing population going into homelessness. AB 820 requires that older adults are represented on seven different California state boards, commissions, and advisory committees, which focus on various issues, including mental health, homelessness, healthcare, and workforce development. AB 820 ensures that the voices of older adults are represented in groups that discuss issues that affect them.”
Master Plan on Aging
In January 2021, the Newsom Administration published its Master Plan for Aging, which is intended to be a ten year blue-print for state government, local government, the private sector, and philanthropy to prepare the state for the coming demographic changes and “continue California’s leadership in aging, disability, and equity.” The Master Plan for Aging outlines five goals, twenty-three strategies, and over 100 initiatives. The five goals of the Master Plan are: housing for all ages and stages; health reimagined; inclusion and equity, not isolation; caregiving that works; and affording aging. By including those who work with seniors and advocate on their behalf on many state boards and commissions, this bill appears to help advance the goals of the Master Plan on Aging.
COMMENTS
California’s population is aging quickly, with the so-called “silver tsunami” of aging baby boomers quickly hitting retirement age. Some estimates show a 50 percent increase in the senior population by 2060. With such a rapidly increasing population, it is important that those who work with, and advocate on behalf of seniors are included on state boards and commissions. This bill adds such representation on several boards, commissions and councils, working to help ensure that the needs of seniors are being represented.
PRIOR VOTES
| |
Assembly Floor: | 66 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Aging and Long Term Care Committee: | 8 - 0 |
POSITIONS
Support:
California Commission on Aging (Sponsor)
AARP
Advisory Council for Sourcewise
Agency on Aging \ Area 4
Leadingage California
Retired Public Employees Association
Village Movement California
Oppose:
None received
-- END --
Date of Hearing: April 11, 2023
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Jasmeet Bains, Chair
ABPCA Bill Id:AB 820 (
Author:Reyes) – As Amended Ver:March 20, 2023
SUBJECT: State boards and commissions: seniors
SUMMARY: Requires the composition of various advisory groups and bodies to include a state agency official responsible for administering programs that serve, or state commission official that advocates on behalf of older adults, or a representative from an organization that serves or advocates on behalf of older adults. Specifically, this bill:
- Increases the Alzheimer’s Disease and Related Disorders Advisory Committee (ADRDAC) from 14 to 15 members to include a representative of an organization that serves or advocates on behalf of older adults, defined as a person 60 years of age or older.
- Increases the California Health Workforce Education and Training Council (CHWETC) from 18 to 20 members to include one member who shall be a state agency official responsible for administering programs that serve older adults; and one member who shall be a state commission official that advocates on behalf of older adults (for purposes of this section, “older adult” is defines as a person 60 years of age or older).
- Adds state agencies responsible for administering programs that serve, or state commissions that advocate on behalf of, older adults, as defined as a person 60 years of age or older to the stakeholder advisory group of the California Health and Human Services Data Exchange Framework (HHS Data Exchange).
- Requires the California Workforce Development Board (WDB) to include community based organizations that represent or serve older adults and include state agency officials responsible for administering programs that serve older adults; and state commission officials that advocates on behalf of older adults
- Adds representatives of organizations that serve or advocate on behalf of older adults, defined as a person 60 years or older to potential nominees for appointment by the Director of the Department of Health Care Services (DHCS) to the California Behavioral Health Planning Council (CBHPC).
- Increases the Mental Health Services Oversight and Accountability Commission (MHSOAC) from 16 to 17 members to include a representative of an organization that serves or advocates on behalf of older adults, defined as a person 60 years of age or older.
- Adds representatives of organizations that serve or advocate on behalf of older adults, defined as a person 60 years of age or older to the Interagency Council on Homelessness (ICH).
EXISTING LAW:
- Establishes the ADRDAC within the California Health and Human Services Agency (HHS) consisting of 14 members to include:
- One representing the field of academic medical research;
- One representing the field of social research;
- One representing the field of mental health;
- One representing the Alzheimer’s day care resource centers;
- One representing the Alzheimer’s disease diagnostic and treatment centers;
- Two representing families of persons suffering from Alzheimer’s disease or related disorders;
- Two representing organizations providing services to Alzheimer’s disease patients;
- One representing a consumer organization representing persons with Alzheimer’s disease;
- One representing a member of the State Bar who is familiar with the legal issues confronting Alzheimer’s disease victims and their families;
- Two people who have been diagnosed with Alzheimer’s disease to serve one-year terms; and,
- The Secretary of California Health and Human Services or his or her designee; (HSC § 1568.17)
- Creates the CHWETC responsible for helping coordinate California’s health workforce education and training to develop a health workforce that meets California’s health care needs. The council shall be composed of members who, together, represent various graduate medical education and training programs, health professions, including, but not limited to, specialties for primary care and behavioral health, and consumer representatives who shall serve at the pleasure of their appointing authorities, to include:
- Six members appointed by the Governor;
- One member who shall be the Director of the State Department of Health Care Services, or the director’s designee;
- One member who shall be the Director of the Department of Health Care Access and Information, or the director’s designee;
- One member who shall be the Secretary of Labor and Workforce Development, or the secretary’s designee;
- Three members appointed by the Speaker of the Assembly;
- Three members appointed by the Chairperson of the Senate Committee on Rules;
- One member who shall be the President of the University of California, or the president’s designee;
- One member who shall be the Chancellor of the California State University, or the chancellor’s designee; and,
- One member who shall be the Chancellor of the California Community Colleges, or the chancellor’s designee. (HSC § 128205)
- Establishes the HHS Data Exchange within HHS, along with its departments and offices and in consultation with stakeholders and local partners, that shall include a single data sharing agreement and common set of policies and procedures that will leverage and advance national standards for information exchange and data content, and that will govern and require the exchange of health information among health care entities and government agencies in California. (HSC §130290)
- Requires HHS to convene a stakeholder advisory group to advise on the development and implementation of the HHS Data Exchange. The stakeholder advisory group shall be composed of health care stakeholders and experts, including representatives of all the following:
- The State Department of Health Care Services;
- The State Department of Social Services;
- The Department of Managed Health Care;
- The Department of Health Care Access and Information;
- The State Department of Public Health;
- The Department of Insurance;
- The Public Employees’ Retirement System;
- The California Health Benefit Exchange;
- Health care service plans and health insurers;
- Physicians, including those with small practices;
- Hospitals, including public, private, rural, and critical access hospitals;
- Clinics, long-term care facilities, behavioral health facilities, or substance use disorder facilities;
- Consumers;
- Organized labor;
- Privacy and security professionals;
- Health information technology professionals;
- Community health information organizations;
- County health, social services, and public health; and,
- Community-based organizations providing social services.
- Establishes the WDB as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. (UIC § 14010)
- Requires WDB be comprised of the Governor and representatives from the following categories (appointed by the Governor):
- Two members of each house of the Legislature, appointed by the appropriate presiding officer of each house;
- A majority of board members shall be representatives of business who:
- Are owners of businesses, chief executives or operating officers of businesses, and other business executives or employers with optimum policymaking or hiring authority, who, in addition, may be members of a local board described in Section 3122(b)(2)(A)(i) of Title 29 of the United States Code.
- Represent businesses, including small businesses, or organizations representing businesses that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state; and,
- Are appointed from a group of individuals nominated by state business organizations and business trade associations.
- Not less than 20 percent of board members shall be representatives of the workforce within the state, including representatives of labor organizations nominated by state labor federations, who shall not be less than 15 percent of the board membership and who shall include at least one representative that is a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, such a representative of an apprenticeship program in the state.
Representatives appointed pursuant to this subdivision may include:
Representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans, organizations that provide or support competitive, integrated employment for individuals with disabilities, and organizations that serve transgender and gender nonconforming individuals;
- Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth;
- The balance of board members:
- Shall include representatives of government that are lead state officials with primary responsibility for the core programs and shall include chief elected officials, collectively representing cities, counties, and cities and counties where appropriate; and,
- May include other representatives and officials as the Governor may designate, like any of the following:
- State agency officials from agencies that are one-stop partners, not specified in paragraph (1), including additional one-stop partners whose programs are covered by the State Plan, if any;
- State agency officials responsible for economic development or juvenile justice programs in the state;
- Individuals who represent an Indian tribe or tribal organization, as those terms are defined in Section 3221(b) of Title 29 of the United States Code;
- State agency officials responsible for education programs in the state, including chief executive officers, or their designees, of institutions of higher education, including, but not limited to, the California Community College system, the California State University system, the University of California system, and their respective individual campuses; and,
- Other requirements of board membership shall include:
- The Governor shall select a chairperson for the board from among the representatives described in subdivision (b).
- The members of the board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas. (UIC § 14010)
- Requires the Director of DHCS to make appointments to the CBHPC from among nominees from various constituency organizations for mental health or mental health and substance use disorders, which shall include representatives of consumer-related advocacy organizations, representatives of professional and provider organizations for mental health or mental health and substance use disorders, and representatives who are direct service providers from both the public and private sectors. The director shall also appoint one representative of the California Coalition on Mental Health. (WIC § 5771)
- Establishes the MHSOAC to oversee Part 3 (commencing with WIC § 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with WIC § 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with WIC § 5830), Innovative Programs; Part 3.6 (commencing with WIC § 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with WIC § 5850), the Children’s Mental Health Services Act. The commission shall replace the advisory committee established pursuant to WIC § 5814. The MHSOAC shall consist of the following:
- The Attorney General or the Attorney General’s designee;
- The Superintendent of Public Instruction or the Superintendent’s designee;
- The Chairperson of the Senate Committee on Health, the Chairperson of the Senate Committee on Human Services, or another member of the Senate selected by the President pro Tempore of the Senate;
- The Chairperson of the Assembly Committee on Health or another member of the Assembly selected by the Speaker of the Assembly;
- Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees, a representative of an employer with more than 500 employees, and a representative of a health care service plan or insurer, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. At least one person appointed pursuant to this paragraph shall have a background in auditing. (WIC § 5845)
- Creates the ICH to do the following:
- Identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California;
- Create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness;
- Promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age;
- Coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas;
- Make policy and procedural recommendations to legislators and other governmental entities;
- Identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding;
- Broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding;
- Serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California;
- Report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness;
- Ensure accountability and results in meeting the strategies and goals of the council;
- Identify and implement strategies to fight homelessness in small communities and rural areas;
- Create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with WIC § 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with WIC § 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System; and,
- Collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.
- The ICH council has the following members:
- The Secretary of Business, Consumer Services, and Housing and the Secretary of HHS, who both serve as co-chairs of the ICH;
- The Director of Transportation;
- The Director of Housing and Community Development;
- The Director of Social Services;
- The Director of the California Housing Finance Agency;
- The Director or the State Medicaid Director of Health Care Services;
- The Secretary of Veterans Affairs;
- The Secretary of the Department of Corrections and Rehabilitation;
- The Executive Director of the California Tax Credit Allocation Committee in the Treasurer’s office;
- The State Public Health Officer;
- The Director of the California Department of Aging;
- The Director of Rehabilitation;
- The Director of State Hospitals;
- The executive director of the California Workforce Development Board;
- The Director of the Office of Emergency Services;
- A representative from the State Department of Education, appointed by the Superintendent of Public Instruction;
- A representative of the state public higher education system from one of the following:
- The California Community Colleges;
- The University of California; and,
- The California State University.
- The Senate Committee on Rules and the Speaker of the Assembly appoint one member to the council from two different stakeholder organizations.
- Co-chairs of the ICH appoint members to this advisory committee that reflects racial and gender diversity, and include the following:
- A survivor of gender-based violence who formerly experienced homelessness;
- Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program;
- Stakeholders with expertise in solutions to homelessness and best practices from other states;
- Representatives of committees on African Americans, youth, and survivors of gender-based violence;
- A current or formerly homeless person who lives in California;
- A current or formerly homeless youth who lives in California; and,
- A current or formerly homeless person with a developmental disability. (WIC § 8257)
FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
Author’s Statement: “Californians are living longer than ever before. By 2030, over 25% of Californians will be age 60 and older. At the same time, California has the highest percentage of older adults living at or below the poverty level and they are also the fastest growing population going into homelessness. AB 820 requires that older adults are represented on seven different California state boards, commissions, and advisory committees, which focus on various issues, including mental health, homelessness, healthcare, and workforce development. AB 820 ensures that the voices of older adults are represented in groups that discuss issues that affect them.”
BACKGROUND
California’s aging population is growing faster than any other age group. By 2030, over 25 percent of the population in California will be 60 and older.[1] The population in the state is becoming more racially and ethnically diverse, and yet the COVID-19 pandemic impacted Californians disparately.
Master Plan for Aging: In January of 2021, the Governor released his Master Plan for Aging (MPA). The MPA prioritizes the health and well-being of older Californians and the need for policies that promote healthy aging. The MPA serves as a blueprint for state government, local government, the private sector, and philanthropy to prepare the state for the coming demographic changes and continue California’s leadership in aging, disability, and equity.
After work began on the MPA, the COVID-19 pandemic reached California. The virus disproportionately harmed older and other at-risk adults, and it strained aging and disability services that were perpetually underfunded. Worldwide, older adults have experienced unprecedented death rates. California’s diverse population saw disproportionate numbers, particularly among Latino, Black and Asian Pacific Islander communities and those living in nursing homes. The pandemic intensified social isolation.
The work plan laid out in the MPA two years after its release continues to highlight the urgent needs facing California’s older adults, people with disabilities, their families, advocates and the workforce supporting these populations.
The MPA outlines five bold goals, 23 strategies and currently seeks to advance 95 initiatives to build a California for All Ages by 2030. It also includes a Data Dashboard on Aging to measure progress. AB 820 can be linked to all of the five goals:
- Goal One: Housing for All Ages and Stages
- Goal Two: Health Reimagined
- Goal Three: Inclusion and Equity, Not Isolation
- Goal Four: Caregiving That Works
- Goal Five: Affording Aging
Committee amendments: Amendments address drafting errors and add coauthors.
Argument in Support: The California Commission on Aging, sponsor of AB 820 writes, “In California, task forces, councils, commissions, and work groups provide the foundation for systemic change, giving individuals who represent larger groups a voice in their government. When these advisory groups are working properly, they allow citizens to influence decisions that shape the quality of life for the residents of our state. Appointees are responsible for advising and reviewing policy and developing recommendations to address the issues facing the groups they represent. While the current authority for making appointments does not exclude representation by individuals who represent the needs or perspectives of older adults, it fails to recognize these individuals as a requirement. The lack of involvement denies the reality and viewpoint of the older adult stakeholders, which may have conflicting goals. Additionally, the absence of the representation of the older adult stakeholder may result in system goals being prioritized over the goals of older adults.”
Argument in Opposition: None.
REGISTERED SUPPORT / OPPOSITION:
Support
California Commission on Aging (Sponsor)
American Association of Retired People
California Association of Area Agencies on Aging
California Long-term Care Ombudsman Association
Leading Age California
Senior Advocacy Services
Opposition
None on file
Analysis Prepared by: Elizabeth Fuller / AGING & L.T.C. / (916) 319-3990
Discussed in Hearing
33SEC
Senate Standing Committee on Appropriations
11MIN
Assembly Standing Committee on Aging and Long-Term Care
Bill Author
Bill Co-Author(s):
