SB 509, as amended, DeSaulnier. California Health Benefit Exchange: background checks.
Under the federal Patient Protection and Affordable Care Act (PPACA), each state is required, by January 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange (Exchange) within state government, specifies the powers and duties of the executive board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. Existing law creates the California Health Trust Fund as a continuously appropriated fund for the administrative and operational expenses of the Exchange.
This bill would
begin delete authorizeend delete the board begin delete to require, andend delete to submit to the Department of Justice, fingerprint images and related information of employees, prospective employees, contractors, subcontractors, volunteers, or vendors for the purposes of obtaining prescribed criminal history information. The bill would require the department to forward to the Federal Bureau of Investigation (FBI) requests for federal summary criminal history information, and would require the department to review the information returned from the FBI and compile and disseminate a response to the board. The bill would require the department to charge a fee sufficient to cover the costs of processing requests pursuant to the bill.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1043 is added to the Government Code,
(a) The executive board of the California Health
4Benefit Exchange, as established by Section 100500,
begin delete may require, submit to the Department of Justice,
5and mayend delete
7fingerprint images and related information required by the
8Department of Justice of all employees, prospective employees,
9 contractors, subcontractors, volunteers, or vendors for the purposes of obtaining information
15as to the existence and content of a record of state or federal
16convictions and also information as to the existence and content
17of a record of state or federal arrests for which the Department of
18Justice establishes that the person is free on bail or on his or her
19 recognizance pending trial or appeal.
10(b) The Department of Justice shall forward to the Federal
11Bureau of Investigation requests for federal summary criminal
12history information received pursuant to
13 subdivision (a). The Department of Justice shall review the
14information returned from the Federal Bureau of Investigation and
15compile and disseminate a response to the board.
16(c) The Department of Justice shall provide a state or federal
17level response to the board pursuant to
begin delete paragraph (1) ofend delete subdivision
18(p) of Section 11105 of the Penal Code.
19(d) The board shall request from the Department of Justice
20subsequent notification service, as provided pursuant to Section
2111105.2 of the Penal Code, for persons listed in
22 subdivision (a).
23(e) The Department of Justice shall charge a fee sufficient to
24cover the cost of processing requests pursuant to this section.
This act is an urgency statute necessary for the
26immediate preservation of the public peace, health, or safety within
27the meaning of Article IV of the Constitution and shall go into
28immediate effect. The facts constituting the necessity are:
29In order to be operational to begin preenrollment in the fall of
302013, the California Health Benefit Exchange has already begun
31the process of recruiting staff for its service center. The California
32Health Benefit Exchange will also be contracting with
33community-based organizations that will employ in-person
34 assisters. Fingerprinting and background checks will be needed as
35a condition of employment and certification. For these reasons, it
36is necessary for this act to take effect immediately.