Existing law provides for the licensure and regulation of health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law requires skilled nursing facilities and intermediate care facilities to have written policies regarding the rights of patients. This bill would add to these rights the right of every resident to receive the information that is material to an individual's informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs, as specified. This bill would also add the right to be free from psychotherapeutic drugs used for the purpose of resident discipline, convenience, or chemical restraint, except in an emergency that threatens to cause immediate injury to the resident or others. This bill would make the prescriber responsible for disclosing the material information relating to psychotherapeutic drugs to the resident and obtaining their informed consent, as defined. The bill would require facility staff to verify that a resident's health record contains a signed, written consent form before initiating treatment with psychotherapeutic drugs. The bill would require the facility, within 6 months after the consent form is signed, and every 6 months thereafter, to provide a written notice to the resident and their representative of any recommended dosage adjustments and the resident's right to revoke consent, as specified. The bill would permit the use of remote technology, including telehealth, to allow a prescriber to examine and obtain informed written consent. The bill would declare the willful or repeated violation of these provisions to be punishable as a misdemeanor. By establishing a new crime, the bill would create a state-mandated local program. The bill would require the State Department of Public Health, upon appropriation by the Legislature from the State Health Facilities Citation Penalties Account, to develop an informed consent form, a model disclosure statement for providing informed consent regarding the use of psychotherapeutic medication, and a model notification statement of the right to withdraw informed consent. The bill would require the informed consent form to be available to skilled nursing facilities and intermediate care facilities by December 31, 2023, and would exempt the skilled nursing facilities from this requirement until the informed consent form is available. This bill would also require the State Department of Public Health to inspect for compliance with the informed consent requirements described above during prescribed inspections. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
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Existing law authorizes area agencies on aging and other county agencies that provide services to older adults through an established multidisciplinary team to provide information regarding older adult clients only to other county agencies with staff designated as members of a multidisciplinary team that are, or may be, providing services to the same individuals for purposes of identifying and coordinating the treatment of individuals served by more than one agency. This bill would specifically authorize an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating services. Under the bill, any discussion relative to the disclosure or exchange of the information or writings during a team meeting would be confidential and testimony concerning that discussion would not be admissible in any criminal, civil, or juvenile court proceeding. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed by each area agency on aging or county, as specified, and would require each area agency on aging or county to provide a copy of its protocols to the California Department of Aging. The bill would require the protocols to include a requirement that, unless otherwise permitted by law, an area agency on aging or county obtain the affirmative consent of an individual or their representative before the individual's information is shared and a requirement to notify an individual, among other things, that they may opt out of sharing information at any time. This bill would authorize the aging multidisciplinary personnel team to designate qualified persons to be members of the team for a particular case and would require every member who receives information or records regarding adults and families in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding or any trial or hearing of a juvenile for a criminal offense, as specified. Because this bill would exclude from a criminal or juvenile court proceeding any discussion relative to the disclosure or exchange of information or writings during an aging multidisciplinary personnel team meeting, which would otherwise be admissible, it requires a 23 vote of each house of the Legislature.
Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. During a state of emergency, the CESA also authorizes the Governor to temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency essentials distributed through retail or institutional channels, as provided, until the termination of the state of emergency, or for a period of 60 days, whichever occurs first. If the Governor has proclaimed a state of emergency and the President has declared an emergency or a major disaster to exist in this state, the CESA also authorizes the Governor to, among other things, temporarily suspend or modify, for up to 60 days, public health, safety, zoning, or intrastate transportation laws, ordinances, or regulations if the Governor declares that the suspension or modification is essential to provide temporary housing for disaster victims. This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable. With respect to the temporary suspension of statutes, ordinances, regulations, or rules imposing nonsafety related restrictions on emergency essentials, as described above, the bill would provide that the Governor may only temporarily suspend those statutes, ordinances, regulations, or rules in connection with the specific conditions of emergency proclaimed by the Governor. With respect to laws, ordinances, or regulations temporarily suspended or modified to provide temporary housing, as described above, the bill would provide that the Governor may only temporarily suspend those laws, ordinances, or regulations in connection with the specific conditions of emergency proclaimed by the Governor and declared by the President to be an emergency or major disaster. The bill would also make conforming and other nonsubstantive changes.
Existing law, the California Prompt Payment Act, generally provides that a state agency that acquires property or services pursuant to a contract with a business but fails to make payment to the person or business on the date required by the contract is subject to a late payment penalty, as specified. The act requires state agencies to pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. The act requires a state agency to pay, through the Controller, to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year if the claimant is a certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, as prescribed. The act requires, if the Director of Finance determines that a state agency or the Controller is unable to promptly pay an invoice as provided for by this chapter due to a major calamity, disaster, or criminal act, the late payment penalty provisions described above to be suspended, except as they apply to certain claimants, including a certified small business, a nonprofit organization, or a nonprofit public benefit corporation. This bill would include a resource conservation district in the list of entities entitled to the late payment penalty and excepted from the suspension provision described above. The act also requires the required payment approval date, as defined, to be extended by 30 calendar days if an invoice from a business under a contract with the Department of Forestry and Fire Protection would become subject to late payment penalties during the annually declared fire season, as declared by the Director of Forestry and Fire Protection, except if the contract is with a certified small business, a nonprofit organization, or a nonprofit public benefit corporation. This bill would also except a contract with a resource conservation district from that extension provision.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families, and requires regional centers to identify and pursue all possible sources of funding for consumers receiving those services. Existing law defines a "developmental disability" as a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual. This bill would modify that definition to mean a disability that originates before an individual attains 22 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual.
This measure would designate a specified portion of Interstate 80 in the Counties of Placer and Sacramento as the CHP Officer Lucas F. Chellew Memorial Highway. The measure would request the Department of Transportation to determine the cost for appropriate signs, which shall include the star of the California Highway Patrol, showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
This measure would designate a specified portion of State Highway Route 44, near Oak Run in the County of Shasta, as the Stan Statham Memorial Highway. This measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
This measure would designate the East End Complex-Block 171 in Sacramento as the Mario Obledo Building, and would request the Department of General Services to determine the cost of erecting appropriate plaques and markers showing the designation and, upon receiving donations from nonstate sources, to cover that cost to erect signage.
Existing law provides for various mental and behavioral health programs that are administered by the counties. Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the provisions of the MHSA and review the county plans for MHSA spending. Existing law requires the State Department of Health Care Services, in consultation with the commission and other entities, to develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report, which identifies and evaluates county mental health programs funded by the MHSA. This bill would require, to the extent the Legislature makes an appropriation for these provisions, the commission, in consultation with state and local mental health authorities, to create a comprehensive tracking program for county spending on mental and behavioral health programs and services, as specified, including funding sources, funding utilization, and outcome data at the program, service, and statewide levels. The bill would require each county to report specified data to the commission in a manner and on a timeline determined by the commission. The bill would require the commission, no later than January 1, 2023, to submit a progress report to the Governor's office and the Legislature. The bill would also require the commission to report the results of the county reporting for the preceding fiscal year to the Governor's office and the Legislature on or before January 1, 2024, and annually thereafter on a date determined by the commission, and to publish that information on its internet website in a location accessible to the public. The bill would require the commission to promulgate regulations, but would authorize the commission to implement these provisions by all-county letter until final regulations are adopted. By requiring additional reporting from the counties to the extent these provisions are implemented, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. This bill would require the Franchise Tax Board to prepare a written report by April 1, 2023, on the number of taxpayers claiming the credit, and the average credit amount on returns claiming the credit.