Preview
1 Bay Area Legal Aid
Michael Keys (SBN 133815)
2 mkeys@baylegal.org ELECTRONICALLY
1800 Market Street, 3rd Floor
3 San Francisco, CA 94102 F I L E D
Superior Court of California,
T: (415) 982-1300 County of San Francisco
4 F: (415) 982-4243
01/28/2022
Clerk of the Court
5 Western Center on Law & Poverty BY: EDNALEEN ALEGRE
David Kane (SBN 292186) Deputy Clerk
6 dkane@wclp.org
Robert D. Newman (SBN 86534)
7 rnewman@wclp.org
3701 Wilshire Blvd., Suite 208
8 Los Angeles, California 90010
T: (213) 235-2623
9 F: (213) 487-0242
10 Attorneys for Petitioner
11
12
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
13 FOR THE CITY AND COUNTY OF SAN FRANCISCO
14
Debra Abney; ) Case No. CPF-20-517020
15 ) Assigned to the Honorable Ethan P. Schulman
Petitioner, ) Department 302
16 v. )
)
17 )
California Department of Health Care ) PETITIONER’S REQUEST FOR
Services, Will Lightbourne, Director, ) JUDICIAL NOTICE IN SUPPORT OF
18
California Department of Health Care ) PETITION FOR WRITS OF
19 Services, City and County of San Francisco, ) ADMINISTRATIVE AND ORDINARY
Human Services Agency of the City and ) MANDAMUS
20 County of San Francisco, DOES 1-20, )
)
inclusive, ) Hearing Date: February 4, 2022
21
) Time: 9:30 a.m.
Respondents. )
22 Dept.: 302
)
23 )
) Action Filed: February 13, 2020
24 )
)
25
26
27
28
1
Petitioner’s Request for Judicial Notice iso Petition for Writs Case No. CPF-20-517020
1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that pursuant to Evidence Code § 452(b), (c) and (h) and
3 California Rules of Court 3.1306(c), Petitioner Debra Abney hereby requests that the Court take
4 judicial notice of the documents listed below in support of Petitioner’s motion for writs of
5 administrative mandate pursuant to Code of Civil Procedure § 1094.5 and ordinary mandate
6 pursuant to Code of Civil Procedure § 1085:
7 Exhibit 30: Assembly Bill No. 2877 (Thomson), Chapter 93 (1999-2000), also available at
8 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=199920000AB2877.
9 Exhibit 31: Department of Health Services’ Omnibus Budget Trailer Bill No. AB 2877
10 Enrolled Bill Report, also available at the California State Archives.
11 Judicial notice of any matter specified in Evidence Code § 452 is mandatory so long as a
12 party (i) requests judicial notice, (ii) provides the opposing party with notice of the request through
13 pleadings or otherwise, and (iii) gives the court sufficient information to enable it to take such
14 judicial notice. Evid. Code § 453.
15 These documents fall within three categories of Evidence Code § 452: category (b)
16 (“[L]egislative enactments issued by or under the authority of the United States or any public entity
17 in the United States”), category (c) (“Official acts of the legislative, executive, and judicial
18 departments of the Unites States and of any state of the United States”), and category (h) (“Facts
19 and propositions that are not reasonably subject to dispute and are capable of immediate
20 determination by resort to sources of reasonably indisputable accuracy”).
21 The courts have repeatedly taken judicial notice of the Legislative Counsel’s Digest as part
22 of state legislation like Assembly Bill No. 2877 (Exhibit 30). See, e.g., Save Lafayette Trees v. E.
23 Bay Reg’l Park Dist., 66 Cal.App.5th 21, 29, fn. 2 (2021); State ex rel. Wilson v. Superior Ct., 227
24 Cal.App.4th 579, 592 (2014); People v. Superior Ct. (Ferguson), 132 Cal.App.4th 1525, 1532,
25 1534 (2005); see also People v. Cruz, 13 Cal. 4th 764, 780, fn. 9 (1996) (California Supreme Court
26 takes judicial notice of legislative staff analyses, including the Legislative Counsel’s Digest).
27 Critically, courts may “look to the Legislative Counsel’s digest and other summaries and
28 reports indicating the Legislature’s intent.” Mt. Hawley Ins. Co. v. Lopez, 215 Cal.App.4th 1385,
2
Petitioner’s Request for Judicial Notice iso Petition for Writs Case No. CPF-20-517020
1 1401 (2013). The “Legislative Counsel’s summary digests…are entitled to great weight.” Van Horn
2 v. Watson, 45 Cal. 4th 322, 332, fn. 11 (2008). In fact, the California Supreme Court explained that
3 “[i]t is reasonable to presume that the Legislature [acted] with the intent and meaning expressed in
4 the Legislative Counsel’s digest.” Jones v. Lodge at Torrey Pines Partnership, 42 Cal. 4th 1158,
5 1170 (2008) (internal citations omitted).
6 Courts also regularly take judicial notice of enrolled bill reports like Exhibit 31. See, e.g.,
7 Sierra Club v. Superior Ct., 57 Cal. 4th 157, 171, 174-175 (2013) (Supreme Court takes judicial
8 notice of assembly bill file including Enrolled Bill Report); Newark Unified Sch. Dist. v. Superior
9 Ct., 245 Cal.App.4th 887, 901, fn. 5, 902, 903 (2015) (Court of Appeal takes judicial notice of a
10 binder of several state bill materials, including an Enrolled Bill Report); MCI Commc’ns Servs., Inc.
11 v. California Dep’t of Tax & Fee Admin., 28 Cal.App.5th 635, 654, fn. 12 (2018) (Court of Appeal
12 takes judicial notice of Enrolled Bill Reports).
13 In fact, “contemporaneous construction of a new enactment by the administrative agency
14 charged with its enforcement” like Exhibit 31 “is entitled to great weight.” See Dyna-Med, Inc. v.
15 Fair Emp. & Hous. Com., 43 Cal. 3d 1379, 1388 (1987). As the Supreme Court described, these
16 Enrolled Bill Reports are “likely to reflect…legislative understanding” since they are “written by a
17 governmental department charged with informing the Governor about the bill…thereby completing
18 the legislative process.” Conservatorship of Whitley, 50 Cal. 4th 1206, 1218, fn. 3 (2010).
19 For the foregoing reasons, these documents may be judicially noticed by the Court in
20 ruling on Petitioner’s motion for writs of administrative mandate pursuant to Code of Civil
21 Procedure § 1094.5 and ordinary mandate pursuant to Code of Civil Procedure § 1085.
22 Dated: January 28, 2022 Respectfully submitted,
23
24
David Kane (SBN 292186)
25 Western Center on Law & Poverty
3701 Wilshire Blvd., Suite 208
26 Los Angeles, California 90010
T: (213) 235-2623
27 Bay Area Legal Aid
28 Attorneys for Petitioner
3
Petitioner’s Request for Judicial Notice iso Petition for Writs Case No. CPF-20-517020
EXHIBIT 30
4
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
AB-2877 Public health programs: Budget Act implementation. (1999-2000)
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Assembly Bill No. 2877
CHAPTER 93
An act to add Section 49557.1 to, and to add Chapter 2.5 (commencing with Section 59150) to Part 32
of, the Education Code, to amend Section 14672.9 of, to add Section 13969.5 to, the Government Code,
to amend Sections 1341.4, 1356, 1395, 1417.2, 1797.112, 101230, 104161, 104162, 104163, 104775,
104795, 124010, 124011, 124012, 124013, 124014, 124015, and 124900 of, to add Sections 1276.6,
1417.4, 1421.1, and 125285 to, to add and repeal Section 1421.2 of, to repeal Section 104164 of, to
repeal and add Section 104160 of, to add Article 1.7 (commencing with Section 104170) to Chapter 2 of
Part 1 of Division 103 of, to add Chapter 6.5 (commencing with Section 104316) and Chapter 7
(commencing with Section 104320) to Part 1 of Division 103 of, to add and repeal Division 109
(commencing with Section 130200) to, the Health and Safety Code, to amend Section 12693.76 of, to
add Section 12693.326 to, and to add and repeal Section 12693.325 of, the Insurance Code, and to
amend Sections 4689.7, 4791, 5675, 14005.30, 14011.15, 14021.4, 14053, 14053.1, 14085.7,
14085.8, 14105.31, 14105.33, 14105.35, 14105.37, 14105.38, 14105.39, 14105.4, 14105.405,
14105.41, 14105.42, 14105.91, 14105.915, 14105.916, 14105.981, 14110.6, 14115, 14132.22,
14132.72, 14163, 14409, and 16809 of, to amend and renumber Section 14105.42 of, to add Sections
4094.1, 4094.2, 4107.1, 4598.5, 4639.5, 5600.8, 5614, 5614.5, 5618, 5675.1, 5676, 5676.5,
14005.28, 14005.40, 14067.5, 14085.81, 14105.17, 14132.05, 14132.88, 14132.91, 14133.05, and
14408.5 to, to add Article 2.5 (commencing with Section 5689) to Chapter 2.5 of Part 2 of Division 5 of,
to add Chapter 5 (commencing with Section 4097) and Chapter 6 (commencing with Section 4098) to
Part 1 of Division 4 of, to add Part 3.5 (commencing with Section 5830) to Division 5 of, and to add and
repeal Chapter 4 (commencing with Section 4096.7) to Part 1 of Division 4 of, the Welfare and
Institutions Code, relating to health, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.
[ Filed with Secretary of State July 07, 2000. Approved by Governor July 06, 2000. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2877, Thomson. Public health programs: Budget Act implementation.
Existing law requires the governing board of a school district and the county superintendent of schools to make
applications for free or reduced-price meals available to students at all times during the schoolday.
This bill would encourage school districtsand county superintendents of schools, in making available these
applications, to include information that parents may use to request information about the Medi-Cal program and
the Healthy Families Program.
5
Existing law establishes two special schools for the deaf, and one special school for the blind.
This billwould require students attending these schools to be tested at least once every two years for
tuberculosis, with the cost, if any, to be borne by the parent or guardian of the student.
Existing law provides for the indemnification of victims of specified types of crimes for specified types of
expenses. Indemnification is made under these provisions from the Restitution Fund, which iscontinuously
appropriated to the State Board of Control for these purposes.
This billwould declare the intent of the Legislature that funds be appropriated from the fund in the annual
Budget Act to the State Department of Mental Health, according to a specified procedure, for specified types of
programs and activities operated by the department, with respect to the needs of crime victims with disabilities.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of
health care service plans by the Department of Managed Care and provides for the administration of the
department to be supported from the Managed Care Fund. Existing law requires health care service plans each
fiscal year to pay an assessment pursuant to a statutory schedule to the director of the Department of Managed
Care to provide the department with sufficient revenues to support costs and expenses of the department.
Existing law requires the director in determining the amount of the annual assessment to consider specified
appropriations and reimbursements. Existing law permits the director to impose an additional assessment to
provide the department with sufficient revenues to support costs and expenses, as specified, for the 2000–01
fiscal year.
This billwould limit the reserve in the Managed Care Fund in any fiscalyear to a prudent 5% reserve unless
otherwise determined by the Department of Finance. The billwould permit the Director of the Department of
Managed Care to require health care service plans also to pay an additional assessment for the 2000–01, 2001–
02, and 2002–03 fiscal years to provide the department with sufficient revenues to support costs and expenses,
as specified, including maintaining a prudent reserve. The bill would permit the director on or after July 1, 2003,
to adjust the amount of the annual assessment to incorporate annual expenditure levels.
Existing law permits health care service plans to advertise subject to specified conditions and limitations. Willful
violation of health care service plan provisions is a crime.
Under existing law, one of the methods for procuring services under the Medi-Cal program is through contracts
with prepaid health plans.
Existing law permits marketing activities by prepaid health plans to persuade Medi-Cal beneficiaries to enroll or
accept an application in the prepaid health plan.
Existing law prohibits a prepaid health plan, marketing representative, or marketing organization from
misrepresenting itself,the plans it represents, or the Medi-Cal program, and provides sanctions, including
making ita misdemeanor for any marketing representative who misrepresents while engaged in door-to-door
solicitation.
The Healthy Families Program prohibits a participating health, dental, or vision plan from directly, indirectly, or
through their agents conducting in-person, door-to-door, mail, or phone solicitation of applicants for enrollment,
except through employers with employees eligibleto participate in the purchasing credit mechanism. The
program does permit information approved by the Managed Risk Medical Insurance Board on the providers and
plans available to prospective subscribers in their geographic areas to be distributed through any door-to-door
activities for potentially eligible applicants and their children.
This billwould permit a participating health plan in the Healthy Families Program to provide application
assistance directly to an applicant. The billwould subject any health care service plan representative, or
representative of a subcontractor of the health care service plan who violates these provisions to a fine of $500
for each violation,thus creating a new crime and thereby imposing a state-mandated local program. The bill
would permit participating health plans to solicitenrollment in or advertise the Healthy Families Program
pursuant to applicable provisions of the Knox-Keene Health Care Service Plan Act of 1975 relating to the cost of
subscription or enrollment, facilitiesand services rendered, thus broadening the act’s coverage and thus
changing the definition of a crime. Because it would change the definition of a crime, this bill would impose a
state-mandated local program.
The bill would permit a subscriber in the Healthy Families Program to switch his or her choice of health plan for
any reason once within the first 3 months of coverage.
6
The billwould permit prepaid health plans contracting with the Medi-Cal program or the Healthy Families
Program to provide application assistance, as specified, during the Medi-Cal eligibility redetermination process in
order to allow persons to retain health care coverage.
Existing law establishes the minimum number of nursing hours per patient day in skilled nursing and
intermediate care facilities at 3.2 hours.
This bill would require each skilled nursing and intermediate care facility to certify, under penalty of perjury and
to the best of their knowledge, on a form provided by the State Department of Health Services, that funds
received pursuant to increasing the staffing ratio to 3.2 hours were expended for this purpose.
Under existing law, moneys collected as a result of civil penalties imposed against long-term health care facilities
shall be deposited into the Health Facilities Citation Penalties Account in the Special Deposit Fund. The moneys in
this account, upon appropriation by the Legislature, are used for the protection of health or property of residents
of long-term health care facilities.
Under existing law, the balance in this account shall not exceed $1,000,000.
This bill would, instead, provide that the balance in this account is prohibited from exceeding $10,000,000.
The billwould also establish, under the administration of the State Department of Health Services, a quality
awards program for nursing homes, under which monetary awards paid from federal funds and General Fund
appropriations would be used for staff bonuses. This bill would also establish the Skilled Nursing Facility Financial
Solvency Advisory Board in order to advise the Director of Health Services on matters of financial solvency
affecting the delivery of services in skilled nursing facilities, including financial solvency licensing requirements.
The bill would require a skilled nursing facility to report to the department certain actions or events related to
the financial and other resources of the facility, within 24 hours of their occurrence.
Existing law establishes the Emergency Medical Services Personnel Fund, the moneys in which, upon
appropriation by the Legislature, are usable for the emergency medical services testing and personnel licensure
program and for the purpose of making reimbursements to entities for the performance of functions for which
fees are collected.
Existing law requires that the Emergency Medical Services Authority maintain a reserve balance in this fund
equal to at least 3 months of the annual authorized expenditures for the personnel licensure program.
This bill would, instead, require this reserve to be 5%.
Existing law sets forth procedures under which a local health jurisdiction, as defined, may qualify for state
financial assistance. Under these provisions, allocations, including a basic allotment, are made to administrative
bodies of qualifying local jurisdictions in a specified manner.
This bill would change the formula used to make these basic allotments.
Existing law, which would be repealed on July 1, 2000, establishes the Breast Cancer Treatment Program,
administered by the State Department of Health Services. Under this program the department is required to
award a contract for these services on a bid basis to an entity meeting specified requirements.
This billwould indefinitely extend the duration of this program. It would, however, permit the department to
award one or more contracts to public or private nonprofit organizations, and would exempt these contracts from
various state agency contract requirements.
The bill would also eliminate a requirement that funds appropriated for the purposes of this program be used to
match other available funds, and would expand the services to be covered by the program.
Existing law establishes the Prostate Cancer Screening Program, administered by the department, in order to
provide qualified uninsured men with prostate cancer screening services.
This bill would establish the Prostate Cancer Treatment Program, administered by the department, under which
one or more contracts would be entered into in order to provide prostate cancer treatment services to low-
income uninsured and underinsured men.
Existing law permits the State Department of Health Services to award grants to postsecondary higher
educational institutions with a medical center for the establishment of diagnostic and treatment centers for
7
Alzheimer’s disease.
This bill would permit the department to provide, or contract for the provision of, public and professional
education on Alzheimer’s disease.
The billwould also provide that the balance of funds appropriated in the Budget Act of 2000 for Alzheimer’s
disease would be available for encumbrance and expenditure until June 30, 2003, thus constituting an
appropriation.
This billwould require the State Department of Health Services to take specified actions relating to the
establishment of a comprehensive state assessment, intervention, and evaluation program for the control of
asthma, and would specify the components of that program.
This bill would establish the Human Leukocyte Antigen Testing Fund, to be administered by the State Department
of Health Services, the moneys in which, upon appropriation by the Legislature, would be allocated to blood
centers to pay the costs of blood collection and human leukocyte antigen typing for use in bone marrow
transplantation.
Existing law authorizes the offering by a localsponsor, as defined, of a community dental disease prevention
program for children in preschool through sixth grade and for children with special needs. Program services
include preventive services, as defined.
This bill would include dental sealants within the meaning of preventive services.
Existing law authorizes the State Department of Health Services to reimburse local sponsors in the amount of
$4.50 for each participating student per year.
This bill would, commencing July 1, 2001, increase this amount to $10 for each student per year.
The bill would also require that funds appropriated in the Budget Act of 2000 for improving the dental
infrastructure of nonprofit, community-based clinics, shall be available for expenditure through June 30, 2002.
This billwould also require the State Department of Health Services to award a contract to establish a
Parkinson’s Disease Community Outreach, Diagnosis, and Treatment Center.
Existing law provides for the implementation of the Assistance to Children at Home Demonstration Project in
order to assist medically fragile children, and requires the State Department of Health Services to award funding
to a children’s hospital meeting certain requirements, and requires the hospital to submit a report to the
department that evaluates the project.
This bill would authorize the department to implement an unspecified number of demonstration projects, would
expand the program to include medically fragile infants and adolescents, would revise the class of hospitals that
may be funded under the program, would authorize the extension of the period of the existing projects, would
extend the period for which a demonstration project may be operated, would revise the schedule of modes of
providing services under the demonstration projects, would impose specified requirements on demonstration
projects, and would revise the outcome measures to be used for the evaluation of the projects.
Existing law requires the State Department of Health Services to select primary care clinics to be reimbursed for
delivery of primary care services to low-income persons. Rates for outpatient visitsunder this program are
required to be not less than $65.
This bill would increase the minimum rate for an outpatient visit to $71.50.
Under existing law, community treatment facilities,which are residential facilitieslicensed by the State
Department of Social Services and whose programs are certified by the State Department of Mental Health,
provide mental health services to children.
This bill would require these departments to jointly develop protocols for the oversight of community treatment
facilities. It would also require, for the 2000–01 fiscal year, that these departments undertake specified actions
with respect to training and education of facilitymanagement and staff,facilityinspections, and reporting
requirements.
The bill would also provide for community treatment facility funding requirements, including the establishment of
a system of supplemental reimbursement to community treatment facilities.
8
The billwould authorize both departments to adopt emergency regulations to implement these community
treatment facility provisions.
Under existing law, the State Department of Developmental Services contracts with nonprofit entities known as
regional centers for the provision of services and supports to persons with developmental disabilities.
Existing law requires the State Department of Developmental Services to make payments to providers of
supported livingservices for adults with developmental disabilities.
Under existing law, the department, by
January 1, 2000, is required to establish, by regulation, an equitable and cost-effective methodology for the
determination of supported living costs and a methodology of payment for these providers.
This bill would change this date to July 1, 2002.
Existing law, until July 1, 2000, requires that, in order to ensure services to eligible consumers of regional center
services throughout the fiscal year, regional centers shall administer their contracts within the level of funding
available within the annual Budget Act.
This bill would indefinitely extend this provision and other related provisions.
The bill would also require each regional center, by December 1 of each year, to provide to the State Department
of Developmental Services a complete current salary schedule for allpersonnel classificationsused by the
regional center, as well as information on all prior year expenditures for all administrative services. Information
provided to the department under this provision would be made available by the department to the public, upon
request.
The billwould also require the department to establish a workgroup, composed as specified, to assist the
department in examining options to meet the future needs of individuals currently served, or who will need
services similar to those provided, in state developmental centers.
Existing law establishes the Developmental Disabilities Services Account, the moneys in which are derived from
the lease of certain lands, including subleases thereof, by the Department of General Services for purposes of
construction of a business development park. Moneys in this account are, upon appropriation by the Legislature,
available forthe benefit of persons with developmental disabilities.
This billwould require that moneys in this account be expended by the State Department of Developmental
Services for projects that expand the availability of affordable housing for persons with developmental
disabilities.
Existing law establishes the Organization of Area Boards on Developmental Disabilitiesfor the purpose of
engaging in activitiesto solve common problems, improve coordination, exchange information between areas,
and provide advice and recommendations to state agencies, the Legislature, and the State Council on
Developmental Disabilities.
This bill would provide that if federal funds are not available for appropriation or transfer pursuant to the Budget
Act of 2000, for purposes of the Organization of Area Boards on Developmental Disabilities based on a
determination by the Department of Finance, the Department of Finance shall notify the appropriate fiscal and
policy committees of the Legislature and the Joint Legislative Budget Committee of this determination within 10
calendar days. It would provide that this notificationshall specify the dollar amount needed to fully continue
operations of the Organization of Area Boards, and this amount would thereby be appropriated from the General
Fund commencing 10 days after the receipt of the notification by the Legislature.
Existing law vests jurisdiction over Patton State Hospital with the State Department of Mental Health.
Existing law provides, however, that the security of certain patients in Patton State Hospital is the responsibility
of the Department of Corrections.
This bill would require that, consistent with the existing authority of the State Department of Mental Health to
maintain state hospitals under its jurisdiction, the State Department of Mental Health provide internal security
for the patient population at Patton State Hospital, however, this provision would not be intended to affect the
duties of the Department of Corrections with respect to patients at Patton State Hospital.
Existing law, the Bronzan-McCorquodale Act, requires the State Department of Mental Health to contract with
counties for the provision of community mental health services.
9
This bill would require the department, in consultation with specified entities, to establish protocols for ensuring
that local mental health departments meet statutory and regulatory requirements for the provision of mental
health services and that quality indicators are established to measure the quality of care being provided.
The bill would make local mental health departments responsible for providing information to potential clients,
family members, and caregivers regarding specialty mental health services offered by the local mental health
department upon request of the individual.
The billwould also impose requirements upon counties which apply for funds to enhance their mental health
service system.
The bill would establish, under the administration of the State Department of Mental Health, the Early
Intervention Mental Health Program, to provide services to infants and toddlers and their families.
This bill would also permit the department to undertake various suicide prevention programs.
This bill would require the State Department of Mental Health to conduct a 3-year pilot project, under which local
grantees would be selected to provide services to persons from culturallydiverse populations who are dually
diagnosed with both mental illness and substance abuse problems.
Existing law, which would be repealed on January 1, 2001, permits Placer County and up to 6 other counties to
establish a pilot project to develop a shared mental health rehabilitation center for the provision of community
care and treatment for persons with mental disorders who are placed in a state hospital or another health facility
because no community placements are available to meet the needs of these patients.
This bill would extend the duration of this authority until July 1, 2001, and would increase to 15 the number of
other counties that would be permitted to participate in the program.
This bill would require the State Department of Mental Health to establish and administer pilotprojects, in
accordance with prescribed criteria, to provide respite for eligible caregivers of seriously emotionally disturbed
children and seriously mentally ill adults who reside in a caregiver’s home, and would require that these projects
be operated by a specified county and other counties submitting approved proposals. It would also permit the
department to evaluate the pilotprojects and to submit a report to the Legislature by March 30, 2001. By
imposing the requirement on that specified county to operate a pilot project, this billwould create a state-
mandated local program.
Under existing law, the Director of Mental Health is authorized to monitor and approve special treatment
programs for persons with mental disorders in skilled nursing facilities.
This billwould require the State Department of Mental Health, in conjunction with the State Department of
Health Services, to develop a state-level plan for a streamlined and consolidated evaluation and monitoring
program for the review of mental health rehabilitation centers and special treatment programs in skilled nursing
facilities.
The bill would also require the State Department of Mental Health to establish and administer an Older Adults
System of Care Demonstration Project, under which grants would be made to selected counties to develop model
systems of care to serve a target population of mentally ill adults.
The billwould also permit the State Department of Mental Health to impose sanctions against long-term care
facilities licensed or certified by the department.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Services, under
which qualified low-income persons receive health care services.
This bill would require the department, if, and to the extent that, all necessary federal approvals are obtained for
federal financial participation, to implement a federal option to extend Medi-Cal benefits to independent foster
care adolescents, as defined in federal law.
Existing law requires the provision of benefits under the Medi-Cal program to certain families with dependent
children, and requires the department to adopt a procedure to disregard certain income in determining the
eligibility of those persons for Medi-Cal benefits.
This bill would specify that increases in federal social security benefits provided under the Old Age, Survivors,
and Disability Insurance program arising from cost-of-living adjustments shall be disregarded during certain time
periods.
10
This billwould require the department to implement a federal option to reduce certain Medi-Cal income and
resource eligibility requirements for aged, blind, and disabled persons.
Because each county is responsible for making eligibility
determinations under the Medi-Cal program and
because this bill would change eligibility requirements, the bill would constitute a state-mandated local program.
Under existing law, specified categories of Medi-Cal recipients are required to file annual reaffirmations of
eligibility and at other times as required by the department. Pursuant to this authority the department requires
the filing of quarterly status reports.
This bill would, commencing January 1, 2001, require the department to eliminate the requirement for the filing
of quarterly status reports.
Because each county is responsible for making eligibility
determinations under the Medi-Cal program and
because this bill would change eligibility requirements, the bill would constitute a state-mandated local program.
Existing law provides that, until July 1, 2000, ancillary outpatient services shall be covered under the Medi-Cal
program for a patient of an institute of mental disease who is at least 21 years of age, but who has not obtained
the age of 65 years.
This bill would extend this date to July 1, 2001.
Existing law establishes the continuously appropriated Medi-Cal Medical Education Supplemental Payment Fund
for allocation to university teaching hospitals and major nonuniversity teaching hospitals and the continuously
appropriated Large Teaching Emphasis Hospital and Children’s Hospital Medi-Cal Medical Education Supplemental
Payment Fund for allocation to large teaching emphasis hospitals and children’s hospitals.
Existing law provides that this provision shall become inoperative June 30, 2000, and repealed January 1, 2001.
This billwould extend those dates by a period of one year, and by extending the operative period of a
continuously appropriated fund, this billwould make an appropriation. It would also specify that the Valley
Medical Center, Fresno, is a major nonuniversity teaching hospital for purposes of these provisions.
Existing law permits certain hospitals to receive supplemental payments under the Medi-Cal program for
inpatient hospital services.
This bill would make critical care hospitals eligible for supplemental payments under the Medi-Cal program.
Under existing law, effectiveuntil January 1, 2001, certain telemedicine services are reimbursable under the
Medi-Cal program.
This bill would indefinitely extend these provisions.
Existing law, until January 1, 2001, authorizes the department to enter into contracts with manufacturers of
single-source and multiple-source drugs under the Medi-Cal program, and specifies procedures for
implementation of that authority, thus authorizing the use of a Medi-Cal contract drug list for the procurement of
prescription drugs under that program. On January 1, 2001, the provision of prescription drugs under the Medi-
Cal program would be governed by existing provisions relating to the use of a Medi-Cal drug formulary.
This bill would extend these Medi-Cal contract drug list provisions until January 1, 2003.
Under existing law, skilled nursing and intermediate care facilityservices are covered under the Medi-Cal
program.
This bill would, for the 2000–01 fiscal year, and subject to an appropriation in the Budget Act for this purpose,
require the department to allocate funds to skilled nursing and certain intermediate care facilitiesfor salary,
wage, and benefit increases for direct care staff, as defined.
Existing law provides that a Medi-Cal provider shall not be reimbursed for claims submitted more than one year
after the month of service.
This bill would, instead, provide that the director may establish, through regulations, exceptions for claims
submitted beyond the one-year billinglimitation, to the extent federal financial participation isavailable for
services to a Medi-Cal beneficiary.
11
Existing law provides that, until January 1, 2001, transitional inpatient care services, as defined, are a covered
benefit under the Medi-Cal program.
This bill would extend provisions relating to these services until January 1, 2002.
Existing law requires the department to seek a federal waiver to establish a Family Planning, Access, Care, and
Treatment Waiver Program (Family Pact) in order to provide comprehensive clinical family planning services to
qualified low-income persons.
This bill would require the department to provide the fiscal and appropriate policy committees of the Legislature
with a copy of the submittal to the federal Health Care Financing Administration pertaining to any evaluation
completed regarding the Family PACT federal waiver.
Existing law authorizes the provision of dental services, under the Medi-Cal program, with certain of these
services being known as the Denti-Cal program.
This bill would require the department to allocate rate increases for Denti-Cal program services provided through
the Budget Act of 2000 across procedure codes, as deemed appropriate by the department, after consultation
with professional dental organizations.
This bill would also provide that 2 dental cleanings and 2 dental examinations per year would be covered benefits
under the Medi-C
Preview
1 Bay Area Legal Aid Michael Keys (SBN 133815) 2 mkeys@baylegal.org ELECTRONICALLY 1800 Market Street, 3rd Floor 3 San Francisco, CA 94102 F I L E D Superior Court of California, T: (415) 982-1300 County of San Francisco 4 F: (415) 982-4243 01/28/2022 Clerk of the Court 5 Western Center on Law & Poverty BY: EDNALEEN ALEGRE David Kane (SBN 292186) Deputy Clerk 6 dkane@wclp.org Robert D. Newman (SBN 86534) 7 rnewman@wclp.org 3701 Wilshire Blvd., Suite 208 8 Los Angeles, California 90010 T: (213) 235-2623 9 F: (213) 487-0242 10 Attorneys for Petitioner 11 12 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 13 FOR THE CITY AND COUNTY OF SAN FRANCISCO 14 Debra Abney; ) Case No. CPF-20-517020 15 ) Assigned to the Honorable Ethan P. Schulman Petitioner, ) Department 302 16 v. ) ) 17 ) California Department of Health Care ) PETITIONER’S REQUEST FOR Services, Will Lightbourne, Director, ) JUDICIAL NOTICE IN SUPPORT OF 18 California Department of Health Care ) PETITION FOR WRITS OF 19 Services, City and County of San Francisco, ) ADMINISTRATIVE AND ORDINARY Human Services Agency of the City and ) MANDAMUS 20 County of San Francisco, DOES 1-20, ) ) inclusive, ) Hearing Date: February 4, 2022 21 ) Time: 9:30 a.m. Respondents. ) 22 Dept.: 302 ) 23 ) ) Action Filed: February 13, 2020 24 ) ) 25 26 27 28 1 Petitioner’s Request for Judicial Notice iso Petition for Writs Case No. CPF-20-517020 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that pursuant to Evidence Code § 452(b), (c) and (h) and 3 California Rules of Court 3.1306(c), Petitioner Debra Abney hereby requests that the Court take 4 judicial notice of the documents listed below in support of Petitioner’s motion for writs of 5 administrative mandate pursuant to Code of Civil Procedure § 1094.5 and ordinary mandate 6 pursuant to Code of Civil Procedure § 1085: 7 Exhibit 30: Assembly Bill No. 2877 (Thomson), Chapter 93 (1999-2000), also available at 8 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=199920000AB2877. 9 Exhibit 31: Department of Health Services’ Omnibus Budget Trailer Bill No. AB 2877 10 Enrolled Bill Report, also available at the California State Archives. 11 Judicial notice of any matter specified in Evidence Code § 452 is mandatory so long as a 12 party (i) requests judicial notice, (ii) provides the opposing party with notice of the request through 13 pleadings or otherwise, and (iii) gives the court sufficient information to enable it to take such 14 judicial notice. Evid. Code § 453. 15 These documents fall within three categories of Evidence Code § 452: category (b) 16 (“[L]egislative enactments issued by or under the authority of the United States or any public entity 17 in the United States”), category (c) (“Official acts of the legislative, executive, and judicial 18 departments of the Unites States and of any state of the United States”), and category (h) (“Facts 19 and propositions that are not reasonably subject to dispute and are capable of immediate 20 determination by resort to sources of reasonably indisputable accuracy”). 21 The courts have repeatedly taken judicial notice of the Legislative Counsel’s Digest as part 22 of state legislation like Assembly Bill No. 2877 (Exhibit 30). See, e.g., Save Lafayette Trees v. E. 23 Bay Reg’l Park Dist., 66 Cal.App.5th 21, 29, fn. 2 (2021); State ex rel. Wilson v. Superior Ct., 227 24 Cal.App.4th 579, 592 (2014); People v. Superior Ct. (Ferguson), 132 Cal.App.4th 1525, 1532, 25 1534 (2005); see also People v. Cruz, 13 Cal. 4th 764, 780, fn. 9 (1996) (California Supreme Court 26 takes judicial notice of legislative staff analyses, including the Legislative Counsel’s Digest). 27 Critically, courts may “look to the Legislative Counsel’s digest and other summaries and 28 reports indicating the Legislature’s intent.” Mt. Hawley Ins. Co. v. Lopez, 215 Cal.App.4th 1385, 2 Petitioner’s Request for Judicial Notice iso Petition for Writs Case No. CPF-20-517020 1 1401 (2013). The “Legislative Counsel’s summary digests…are entitled to great weight.” Van Horn 2 v. Watson, 45 Cal. 4th 322, 332, fn. 11 (2008). In fact, the California Supreme Court explained that 3 “[i]t is reasonable to presume that the Legislature [acted] with the intent and meaning expressed in 4 the Legislative Counsel’s digest.” Jones v. Lodge at Torrey Pines Partnership, 42 Cal. 4th 1158, 5 1170 (2008) (internal citations omitted). 6 Courts also regularly take judicial notice of enrolled bill reports like Exhibit 31. See, e.g., 7 Sierra Club v. Superior Ct., 57 Cal. 4th 157, 171, 174-175 (2013) (Supreme Court takes judicial 8 notice of assembly bill file including Enrolled Bill Report); Newark Unified Sch. Dist. v. Superior 9 Ct., 245 Cal.App.4th 887, 901, fn. 5, 902, 903 (2015) (Court of Appeal takes judicial notice of a 10 binder of several state bill materials, including an Enrolled Bill Report); MCI Commc’ns Servs., Inc. 11 v. California Dep’t of Tax & Fee Admin., 28 Cal.App.5th 635, 654, fn. 12 (2018) (Court of Appeal 12 takes judicial notice of Enrolled Bill Reports). 13 In fact, “contemporaneous construction of a new enactment by the administrative agency 14 charged with its enforcement” like Exhibit 31 “is entitled to great weight.” See Dyna-Med, Inc. v. 15 Fair Emp. & Hous. Com., 43 Cal. 3d 1379, 1388 (1987). As the Supreme Court described, these 16 Enrolled Bill Reports are “likely to reflect…legislative understanding” since they are “written by a 17 governmental department charged with informing the Governor about the bill…thereby completing 18 the legislative process.” Conservatorship of Whitley, 50 Cal. 4th 1206, 1218, fn. 3 (2010). 19 For the foregoing reasons, these documents may be judicially noticed by the Court in 20 ruling on Petitioner’s motion for writs of administrative mandate pursuant to Code of Civil 21 Procedure § 1094.5 and ordinary mandate pursuant to Code of Civil Procedure § 1085. 22 Dated: January 28, 2022 Respectfully submitted, 23 24 David Kane (SBN 292186) 25 Western Center on Law & Poverty 3701 Wilshire Blvd., Suite 208 26 Los Angeles, California 90010 T: (213) 235-2623 27 Bay Area Legal Aid 28 Attorneys for Petitioner 3 Petitioner’s Request for Judicial Notice iso Petition for Writs Case No. CPF-20-517020 EXHIBIT 30 4 Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-2877 Public health programs: Budget Act implementation. (1999-2000) SHARE THIS: Assembly Bill No. 2877 CHAPTER 93 An act to add Section 49557.1 to, and to add Chapter 2.5 (commencing with Section 59150) to Part 32 of, the Education Code, to amend Section 14672.9 of, to add Section 13969.5 to, the Government Code, to amend Sections 1341.4, 1356, 1395, 1417.2, 1797.112, 101230, 104161, 104162, 104163, 104775, 104795, 124010, 124011, 124012, 124013, 124014, 124015, and 124900 of, to add Sections 1276.6, 1417.4, 1421.1, and 125285 to, to add and repeal Section 1421.2 of, to repeal Section 104164 of, to repeal and add Section 104160 of, to add Article 1.7 (commencing with Section 104170) to Chapter 2 of Part 1 of Division 103 of, to add Chapter 6.5 (commencing with Section 104316) and Chapter 7 (commencing with Section 104320) to Part 1 of Division 103 of, to add and repeal Division 109 (commencing with Section 130200) to, the Health and Safety Code, to amend Section 12693.76 of, to add Section 12693.326 to, and to add and repeal Section 12693.325 of, the Insurance Code, and to amend Sections 4689.7, 4791, 5675, 14005.30, 14011.15, 14021.4, 14053, 14053.1, 14085.7, 14085.8, 14105.31, 14105.33, 14105.35, 14105.37, 14105.38, 14105.39, 14105.4, 14105.405, 14105.41, 14105.42, 14105.91, 14105.915, 14105.916, 14105.981, 14110.6, 14115, 14132.22, 14132.72, 14163, 14409, and 16809 of, to amend and renumber Section 14105.42 of, to add Sections 4094.1, 4094.2, 4107.1, 4598.5, 4639.5, 5600.8, 5614, 5614.5, 5618, 5675.1, 5676, 5676.5, 14005.28, 14005.40, 14067.5, 14085.81, 14105.17, 14132.05, 14132.88, 14132.91, 14133.05, and 14408.5 to, to add Article 2.5 (commencing with Section 5689) to Chapter 2.5 of Part 2 of Division 5 of, to add Chapter 5 (commencing with Section 4097) and Chapter 6 (commencing with Section 4098) to Part 1 of Division 4 of, to add Part 3.5 (commencing with Section 5830) to Division 5 of, and to add and repeal Chapter 4 (commencing with Section 4096.7) to Part 1 of Division 4 of, the Welfare and Institutions Code, relating to health, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. [ Filed with Secretary of State July 07, 2000. Approved by Governor July 06, 2000. ] LEGISLATIVE COUNSEL'S DIGEST AB 2877, Thomson. Public health programs: Budget Act implementation. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to students at all times during the schoolday. This bill would encourage school districtsand county superintendents of schools, in making available these applications, to include information that parents may use to request information about the Medi-Cal program and the Healthy Families Program. 5 Existing law establishes two special schools for the deaf, and one special school for the blind. This billwould require students attending these schools to be tested at least once every two years for tuberculosis, with the cost, if any, to be borne by the parent or guardian of the student. Existing law provides for the indemnification of victims of specified types of crimes for specified types of expenses. Indemnification is made under these provisions from the Restitution Fund, which iscontinuously appropriated to the State Board of Control for these purposes. This billwould declare the intent of the Legislature that funds be appropriated from the fund in the annual Budget Act to the State Department of Mental Health, according to a specified procedure, for specified types of programs and activities operated by the department, with respect to the needs of crime victims with disabilities. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Care and provides for the administration of the department to be supported from the Managed Care Fund. Existing law requires health care service plans each fiscal year to pay an assessment pursuant to a statutory schedule to the director of the Department of Managed Care to provide the department with sufficient revenues to support costs and expenses of the department. Existing law requires the director in determining the amount of the annual assessment to consider specified appropriations and reimbursements. Existing law permits the director to impose an additional assessment to provide the department with sufficient revenues to support costs and expenses, as specified, for the 2000–01 fiscal year. This billwould limit the reserve in the Managed Care Fund in any fiscalyear to a prudent 5% reserve unless otherwise determined by the Department of Finance. The billwould permit the Director of the Department of Managed Care to require health care service plans also to pay an additional assessment for the 2000–01, 2001– 02, and 2002–03 fiscal years to provide the department with sufficient revenues to support costs and expenses, as specified, including maintaining a prudent reserve. The bill would permit the director on or after July 1, 2003, to adjust the amount of the annual assessment to incorporate annual expenditure levels. Existing law permits health care service plans to advertise subject to specified conditions and limitations. Willful violation of health care service plan provisions is a crime. Under existing law, one of the methods for procuring services under the Medi-Cal program is through contracts with prepaid health plans. Existing law permits marketing activities by prepaid health plans to persuade Medi-Cal beneficiaries to enroll or accept an application in the prepaid health plan. Existing law prohibits a prepaid health plan, marketing representative, or marketing organization from misrepresenting itself,the plans it represents, or the Medi-Cal program, and provides sanctions, including making ita misdemeanor for any marketing representative who misrepresents while engaged in door-to-door solicitation. The Healthy Families Program prohibits a participating health, dental, or vision plan from directly, indirectly, or through their agents conducting in-person, door-to-door, mail, or phone solicitation of applicants for enrollment, except through employers with employees eligibleto participate in the purchasing credit mechanism. The program does permit information approved by the Managed Risk Medical Insurance Board on the providers and plans available to prospective subscribers in their geographic areas to be distributed through any door-to-door activities for potentially eligible applicants and their children. This billwould permit a participating health plan in the Healthy Families Program to provide application assistance directly to an applicant. The billwould subject any health care service plan representative, or representative of a subcontractor of the health care service plan who violates these provisions to a fine of $500 for each violation,thus creating a new crime and thereby imposing a state-mandated local program. The bill would permit participating health plans to solicitenrollment in or advertise the Healthy Families Program pursuant to applicable provisions of the Knox-Keene Health Care Service Plan Act of 1975 relating to the cost of subscription or enrollment, facilitiesand services rendered, thus broadening the act’s coverage and thus changing the definition of a crime. Because it would change the definition of a crime, this bill would impose a state-mandated local program. The bill would permit a subscriber in the Healthy Families Program to switch his or her choice of health plan for any reason once within the first 3 months of coverage. 6 The billwould permit prepaid health plans contracting with the Medi-Cal program or the Healthy Families Program to provide application assistance, as specified, during the Medi-Cal eligibility redetermination process in order to allow persons to retain health care coverage. Existing law establishes the minimum number of nursing hours per patient day in skilled nursing and intermediate care facilities at 3.2 hours. This bill would require each skilled nursing and intermediate care facility to certify, under penalty of perjury and to the best of their knowledge, on a form provided by the State Department of Health Services, that funds received pursuant to increasing the staffing ratio to 3.2 hours were expended for this purpose. Under existing law, moneys collected as a result of civil penalties imposed against long-term health care facilities shall be deposited into the Health Facilities Citation Penalties Account in the Special Deposit Fund. The moneys in this account, upon appropriation by the Legislature, are used for the protection of health or property of residents of long-term health care facilities. Under existing law, the balance in this account shall not exceed $1,000,000. This bill would, instead, provide that the balance in this account is prohibited from exceeding $10,000,000. The billwould also establish, under the administration of the State Department of Health Services, a quality awards program for nursing homes, under which monetary awards paid from federal funds and General Fund appropriations would be used for staff bonuses. This bill would also establish the Skilled Nursing Facility Financial Solvency Advisory Board in order to advise the Director of Health Services on matters of financial solvency affecting the delivery of services in skilled nursing facilities, including financial solvency licensing requirements. The bill would require a skilled nursing facility to report to the department certain actions or events related to the financial and other resources of the facility, within 24 hours of their occurrence. Existing law establishes the Emergency Medical Services Personnel Fund, the moneys in which, upon appropriation by the Legislature, are usable for the emergency medical services testing and personnel licensure program and for the purpose of making reimbursements to entities for the performance of functions for which fees are collected. Existing law requires that the Emergency Medical Services Authority maintain a reserve balance in this fund equal to at least 3 months of the annual authorized expenditures for the personnel licensure program. This bill would, instead, require this reserve to be 5%. Existing law sets forth procedures under which a local health jurisdiction, as defined, may qualify for state financial assistance. Under these provisions, allocations, including a basic allotment, are made to administrative bodies of qualifying local jurisdictions in a specified manner. This bill would change the formula used to make these basic allotments. Existing law, which would be repealed on July 1, 2000, establishes the Breast Cancer Treatment Program, administered by the State Department of Health Services. Under this program the department is required to award a contract for these services on a bid basis to an entity meeting specified requirements. This billwould indefinitely extend the duration of this program. It would, however, permit the department to award one or more contracts to public or private nonprofit organizations, and would exempt these contracts from various state agency contract requirements. The bill would also eliminate a requirement that funds appropriated for the purposes of this program be used to match other available funds, and would expand the services to be covered by the program. Existing law establishes the Prostate Cancer Screening Program, administered by the department, in order to provide qualified uninsured men with prostate cancer screening services. This bill would establish the Prostate Cancer Treatment Program, administered by the department, under which one or more contracts would be entered into in order to provide prostate cancer treatment services to low- income uninsured and underinsured men. Existing law permits the State Department of Health Services to award grants to postsecondary higher educational institutions with a medical center for the establishment of diagnostic and treatment centers for 7 Alzheimer’s disease. This bill would permit the department to provide, or contract for the provision of, public and professional education on Alzheimer’s disease. The billwould also provide that the balance of funds appropriated in the Budget Act of 2000 for Alzheimer’s disease would be available for encumbrance and expenditure until June 30, 2003, thus constituting an appropriation. This billwould require the State Department of Health Services to take specified actions relating to the establishment of a comprehensive state assessment, intervention, and evaluation program for the control of asthma, and would specify the components of that program. This bill would establish the Human Leukocyte Antigen Testing Fund, to be administered by the State Department of Health Services, the moneys in which, upon appropriation by the Legislature, would be allocated to blood centers to pay the costs of blood collection and human leukocyte antigen typing for use in bone marrow transplantation. Existing law authorizes the offering by a localsponsor, as defined, of a community dental disease prevention program for children in preschool through sixth grade and for children with special needs. Program services include preventive services, as defined. This bill would include dental sealants within the meaning of preventive services. Existing law authorizes the State Department of Health Services to reimburse local sponsors in the amount of $4.50 for each participating student per year. This bill would, commencing July 1, 2001, increase this amount to $10 for each student per year. The bill would also require that funds appropriated in the Budget Act of 2000 for improving the dental infrastructure of nonprofit, community-based clinics, shall be available for expenditure through June 30, 2002. This billwould also require the State Department of Health Services to award a contract to establish a Parkinson’s Disease Community Outreach, Diagnosis, and Treatment Center. Existing law provides for the implementation of the Assistance to Children at Home Demonstration Project in order to assist medically fragile children, and requires the State Department of Health Services to award funding to a children’s hospital meeting certain requirements, and requires the hospital to submit a report to the department that evaluates the project. This bill would authorize the department to implement an unspecified number of demonstration projects, would expand the program to include medically fragile infants and adolescents, would revise the class of hospitals that may be funded under the program, would authorize the extension of the period of the existing projects, would extend the period for which a demonstration project may be operated, would revise the schedule of modes of providing services under the demonstration projects, would impose specified requirements on demonstration projects, and would revise the outcome measures to be used for the evaluation of the projects. Existing law requires the State Department of Health Services to select primary care clinics to be reimbursed for delivery of primary care services to low-income persons. Rates for outpatient visitsunder this program are required to be not less than $65. This bill would increase the minimum rate for an outpatient visit to $71.50. Under existing law, community treatment facilities,which are residential facilitieslicensed by the State Department of Social Services and whose programs are certified by the State Department of Mental Health, provide mental health services to children. This bill would require these departments to jointly develop protocols for the oversight of community treatment facilities. It would also require, for the 2000–01 fiscal year, that these departments undertake specified actions with respect to training and education of facilitymanagement and staff,facilityinspections, and reporting requirements. The bill would also provide for community treatment facility funding requirements, including the establishment of a system of supplemental reimbursement to community treatment facilities. 8 The billwould authorize both departments to adopt emergency regulations to implement these community treatment facility provisions. Under existing law, the State Department of Developmental Services contracts with nonprofit entities known as regional centers for the provision of services and supports to persons with developmental disabilities. Existing law requires the State Department of Developmental Services to make payments to providers of supported livingservices for adults with developmental disabilities. Under existing law, the department, by January 1, 2000, is required to establish, by regulation, an equitable and cost-effective methodology for the determination of supported living costs and a methodology of payment for these providers. This bill would change this date to July 1, 2002. Existing law, until July 1, 2000, requires that, in order to ensure services to eligible consumers of regional center services throughout the fiscal year, regional centers shall administer their contracts within the level of funding available within the annual Budget Act. This bill would indefinitely extend this provision and other related provisions. The bill would also require each regional center, by December 1 of each year, to provide to the State Department of Developmental Services a complete current salary schedule for allpersonnel classificationsused by the regional center, as well as information on all prior year expenditures for all administrative services. Information provided to the department under this provision would be made available by the department to the public, upon request. The billwould also require the department to establish a workgroup, composed as specified, to assist the department in examining options to meet the future needs of individuals currently served, or who will need services similar to those provided, in state developmental centers. Existing law establishes the Developmental Disabilities Services Account, the moneys in which are derived from the lease of certain lands, including subleases thereof, by the Department of General Services for purposes of construction of a business development park. Moneys in this account are, upon appropriation by the Legislature, available forthe benefit of persons with developmental disabilities. This billwould require that moneys in this account be expended by the State Department of Developmental Services for projects that expand the availability of affordable housing for persons with developmental disabilities. Existing law establishes the Organization of Area Boards on Developmental Disabilitiesfor the purpose of engaging in activitiesto solve common problems, improve coordination, exchange information between areas, and provide advice and recommendations to state agencies, the Legislature, and the State Council on Developmental Disabilities. This bill would provide that if federal funds are not available for appropriation or transfer pursuant to the Budget Act of 2000, for purposes of the Organization of Area Boards on Developmental Disabilities based on a determination by the Department of Finance, the Department of Finance shall notify the appropriate fiscal and policy committees of the Legislature and the Joint Legislative Budget Committee of this determination within 10 calendar days. It would provide that this notificationshall specify the dollar amount needed to fully continue operations of the Organization of Area Boards, and this amount would thereby be appropriated from the General Fund commencing 10 days after the receipt of the notification by the Legislature. Existing law vests jurisdiction over Patton State Hospital with the State Department of Mental Health. Existing law provides, however, that the security of certain patients in Patton State Hospital is the responsibility of the Department of Corrections. This bill would require that, consistent with the existing authority of the State Department of Mental Health to maintain state hospitals under its jurisdiction, the State Department of Mental Health provide internal security for the patient population at Patton State Hospital, however, this provision would not be intended to affect the duties of the Department of Corrections with respect to patients at Patton State Hospital. Existing law, the Bronzan-McCorquodale Act, requires the State Department of Mental Health to contract with counties for the provision of community mental health services. 9 This bill would require the department, in consultation with specified entities, to establish protocols for ensuring that local mental health departments meet statutory and regulatory requirements for the provision of mental health services and that quality indicators are established to measure the quality of care being provided. The bill would make local mental health departments responsible for providing information to potential clients, family members, and caregivers regarding specialty mental health services offered by the local mental health department upon request of the individual. The billwould also impose requirements upon counties which apply for funds to enhance their mental health service system. The bill would establish, under the administration of the State Department of Mental Health, the Early Intervention Mental Health Program, to provide services to infants and toddlers and their families. This bill would also permit the department to undertake various suicide prevention programs. This bill would require the State Department of Mental Health to conduct a 3-year pilot project, under which local grantees would be selected to provide services to persons from culturallydiverse populations who are dually diagnosed with both mental illness and substance abuse problems. Existing law, which would be repealed on January 1, 2001, permits Placer County and up to 6 other counties to establish a pilot project to develop a shared mental health rehabilitation center for the provision of community care and treatment for persons with mental disorders who are placed in a state hospital or another health facility because no community placements are available to meet the needs of these patients. This bill would extend the duration of this authority until July 1, 2001, and would increase to 15 the number of other counties that would be permitted to participate in the program. This bill would require the State Department of Mental Health to establish and administer pilotprojects, in accordance with prescribed criteria, to provide respite for eligible caregivers of seriously emotionally disturbed children and seriously mentally ill adults who reside in a caregiver’s home, and would require that these projects be operated by a specified county and other counties submitting approved proposals. It would also permit the department to evaluate the pilotprojects and to submit a report to the Legislature by March 30, 2001. By imposing the requirement on that specified county to operate a pilot project, this billwould create a state- mandated local program. Under existing law, the Director of Mental Health is authorized to monitor and approve special treatment programs for persons with mental disorders in skilled nursing facilities. This billwould require the State Department of Mental Health, in conjunction with the State Department of Health Services, to develop a state-level plan for a streamlined and consolidated evaluation and monitoring program for the review of mental health rehabilitation centers and special treatment programs in skilled nursing facilities. The bill would also require the State Department of Mental Health to establish and administer an Older Adults System of Care Demonstration Project, under which grants would be made to selected counties to develop model systems of care to serve a target population of mentally ill adults. The billwould also permit the State Department of Mental Health to impose sanctions against long-term care facilities licensed or certified by the department. Existing law provides for the Medi-Cal program, administered by the State Department of Health Services, under which qualified low-income persons receive health care services. This bill would require the department, if, and to the extent that, all necessary federal approvals are obtained for federal financial participation, to implement a federal option to extend Medi-Cal benefits to independent foster care adolescents, as defined in federal law. Existing law requires the provision of benefits under the Medi-Cal program to certain families with dependent children, and requires the department to adopt a procedure to disregard certain income in determining the eligibility of those persons for Medi-Cal benefits. This bill would specify that increases in federal social security benefits provided under the Old Age, Survivors, and Disability Insurance program arising from cost-of-living adjustments shall be disregarded during certain time periods. 10 This billwould require the department to implement a federal option to reduce certain Medi-Cal income and resource eligibility requirements for aged, blind, and disabled persons. Because each county is responsible for making eligibility determinations under the Medi-Cal program and because this bill would change eligibility requirements, the bill would constitute a state-mandated local program. Under existing law, specified categories of Medi-Cal recipients are required to file annual reaffirmations of eligibility and at other times as required by the department. Pursuant to this authority the department requires the filing of quarterly status reports. This bill would, commencing January 1, 2001, require the department to eliminate the requirement for the filing of quarterly status reports. Because each county is responsible for making eligibility determinations under the Medi-Cal program and because this bill would change eligibility requirements, the bill would constitute a state-mandated local program. Existing law provides that, until July 1, 2000, ancillary outpatient services shall be covered under the Medi-Cal program for a patient of an institute of mental disease who is at least 21 years of age, but who has not obtained the age of 65 years. This bill would extend this date to July 1, 2001. Existing law establishes the continuously appropriated Medi-Cal Medical Education Supplemental Payment Fund for allocation to university teaching hospitals and major nonuniversity teaching hospitals and the continuously appropriated Large Teaching Emphasis Hospital and Children’s Hospital Medi-Cal Medical Education Supplemental Payment Fund for allocation to large teaching emphasis hospitals and children’s hospitals. Existing law provides that this provision shall become inoperative June 30, 2000, and repealed January 1, 2001. This billwould extend those dates by a period of one year, and by extending the operative period of a continuously appropriated fund, this billwould make an appropriation. It would also specify that the Valley Medical Center, Fresno, is a major nonuniversity teaching hospital for purposes of these provisions. Existing law permits certain hospitals to receive supplemental payments under the Medi-Cal program for inpatient hospital services. This bill would make critical care hospitals eligible for supplemental payments under the Medi-Cal program. Under existing law, effectiveuntil January 1, 2001, certain telemedicine services are reimbursable under the Medi-Cal program. This bill would indefinitely extend these provisions. Existing law, until January 1, 2001, authorizes the department to enter into contracts with manufacturers of single-source and multiple-source drugs under the Medi-Cal program, and specifies procedures for implementation of that authority, thus authorizing the use of a Medi-Cal contract drug list for the procurement of prescription drugs under that program. On January 1, 2001, the provision of prescription drugs under the Medi- Cal program would be governed by existing provisions relating to the use of a Medi-Cal drug formulary. This bill would extend these Medi-Cal contract drug list provisions until January 1, 2003. Under existing law, skilled nursing and intermediate care facilityservices are covered under the Medi-Cal program. This bill would, for the 2000–01 fiscal year, and subject to an appropriation in the Budget Act for this purpose, require the department to allocate funds to skilled nursing and certain intermediate care facilitiesfor salary, wage, and benefit increases for direct care staff, as defined. Existing law provides that a Medi-Cal provider shall not be reimbursed for claims submitted more than one year after the month of service. This bill would, instead, provide that the director may establish, through regulations, exceptions for claims submitted beyond the one-year billinglimitation, to the extent federal financial participation isavailable for services to a Medi-Cal beneficiary. 11 Existing law provides that, until January 1, 2001, transitional inpatient care services, as defined, are a covered benefit under the Medi-Cal program. This bill would extend provisions relating to these services until January 1, 2002. Existing law requires the department to seek a federal waiver to establish a Family Planning, Access, Care, and Treatment Waiver Program (Family Pact) in order to provide comprehensive clinical family planning services to qualified low-income persons. This bill would require the department to provide the fiscal and appropriate policy committees of the Legislature with a copy of the submittal to the federal Health Care Financing Administration pertaining to any evaluation completed regarding the Family PACT federal waiver. Existing law authorizes the provision of dental services, under the Medi-Cal program, with certain of these services being known as the Denti-Cal program. This bill would require the department to allocate rate increases for Denti-Cal program services provided through the Budget Act of 2000 across procedure codes, as deemed appropriate by the department, after consultation with professional dental organizations. This bill would also provide that 2 dental cleanings and 2 dental examinations per year would be covered benefits under the Medi-C