BILL NUMBER: AB 154	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chan

                        JANUARY 21, 2003

   An act to add Section 12693.305 to the Insurance Code, and to add
Section 14093.06 to the Welfare and Institutions Code, relating to
health care.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 154, as introduced, Chan.  Health and managed care plans:
culturally and linguistically appropriate services.
   Existing law provides for the creation of various programs to
provide health care services to persons who have limited incomes and
meet various eligibility requirements.  These programs include the
Healthy Families Program, administered by the Managed Risk Medical
Insurance Board, and the Medi-Cal program, administered by the State
Department of Health Services. Existing law requires the Director of
Health Services and the board to enter into contracts with health
plans and managed care plans to provide services pursuant to each
program.  Under existing law, the Healthy Families Program will
terminate on January 1, 2004.
   Existing law further requires the board to ensure that enrollment
information, telephone services, and interpreter services are
available in specified languages for subscribers and applicants.
   This bill would require any health plan or managed care plan that
contracts to participate in the Healthy Families Program or the
Medi-Cal Program, respectively, to submit annually, commencing on
April 1, 2004, a report to the board or the department, as
appropriate, regarding the culturally and linguistically appropriate
services that the plan provided during the prior calendar year and
proposes to be provided during the current calendar year to meet the
needs of its limited English proficient applicants and subscribers or
beneficiaries.  The bill would require specified information to be
included in the report.
   This bill would also require that the board or department submit
annually, commencing on June 1, 2004, a report to the Legislature
regarding the compliance of contracting plans with cultural and
linguistic requirements. The bill would require specified information
to be included in the report.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12693.305 is added to the Insurance Code, to
read:
   12693.305.  (a) The Legislature finds and declares the following:

   (1) To improve the health care of California's diverse
populations, culturally and linguistically appropriate services are
critical.  The provision of culturally and linguistically appropriate
services results in increased access to health services, improved
quality of health care, and greater patient satisfaction.
   (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sec.
2000d, et seq.; hereafter Title VI) prohibits recipients of federal
financial assistance from discriminating against persons based on
race, color, or national origin. Under Title VI, limited English
proficient beneficiaries of federally funded programs are to be
assured equal access to the programs through the provision of
language assistance services.
   (3) The program receives federal financial assistance from the
United States Department of Health and Human Services.  The board has
set forth cultural and linguistic policies and requirements for
participating health plans, which contract with the board to
participate in the program.
   (4) It is the intent of the Legislature that these participating
health plans report to the board regarding their compliance with the
program's cultural and linguistic policies and requirements, and that
the board report to the Legislature regarding the participating
health plans' compliance with those policies and requirements.
   (b) On or before April 1, 2004, and annually thereafter, every
participating health plan shall submit a report to the board
regarding the culturally and linguistically appropriate services that
it has provided during the prior calendar year and proposes to be
provided in the current calendar year in order to meet the needs of
its limited English proficient applicants and subscribers in the
program.  The report shall include all of the following:
   (1) Demographic information of the participating health plan's
subscribers, including race, ethnicity, primary language, and
geographic location.
   (2) A description of how the participating health plan has
complied with each cultural and linguistic requirement.  The
description shall identify the types of services provided, including,
but not limited to, the interpreters and the culturally and
linguistically appropriate providers and clinics made available by
the participating health plan, its marketing materials, information
packets, translated written materials, referrals to culturally and
linguistically appropriate community services and programs, and
training and education activities for providers.  The description
shall also identify activities by the participating health plan to
develop internal systems to meet the cultural and linguistic needs of
its applicants and subscribers.
   (3) The results of the participating health plan's efforts in the
prior calendar year to provide culturally and linguistically
appropriate services to its applicants and subscribers.  This portion
of the report shall describe the participating health plan's ongoing
quality improvement efforts through subscriber complaints,
grievances, satisfaction, and other supplemental information and its
efforts to evaluate its cultural and linguistic services and the
outcomes of its cultural and linguistic activities.
   (4) Highlights of any innovative approaches utilized by the
participating health plan to provide culturally and linguistically
appropriate services to its applicants and subscribers.
   (5) Specific objectives that the participating health plan has set
to provide culturally and linguistically appropriate services to its
applicants and subscribers for the current calendar year.
   (c) On or before June 1, 2004, and annually thereafter, the board
shall submit a report to the Legislature regarding the status of
participating health plans' compliance during the prior calendar year
with the board's cultural and linguistic requirements.  The report
shall be a compilation of all of the reports submitted to the board
by the participating health plans and, at a minimum, shall include
all of the following:
   (1) Demographic information of each participating health plan's
subscribers, including race, ethnicity, primary language, and
geographic location.
   (2) A description of how each participating health plan has
complied with each cultural and linguistic requirement.
   (3) The results of each participating health plan's efforts in the
prior calendar year to provide culturally and linguistically
appropriate services to its applicants and subscribers.
   (4) Highlights of innovative approaches utilized by each
participating health plan to provide culturally and linguistically
appropriate services to its applicants and subscribers.
   (5) Specific objectives that each participating health plan has
set to provide culturally and linguistically appropriate services to
its applicants and subscribers for the current calendar year.
  SEC. 2.  Section 14093.06 is added to the Welfare and Institutions
Code, to read:
   14093.06.  (a) The Legislature finds and declares the following:
   (1) To improve the health care of California's diverse
populations, culturally and linguistically appropriate services are
critical.  The provision of culturally and linguistically appropriate
services results in increased access to health services, improved
quality of health care, and greater patient satisfaction.
   (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sec.
2000d, et seq.; hereafter Title VI) prohibits recipients of federal
financial assistance from discriminating against persons based on
race, color, or national origin. Under Title VI, limited English
proficient beneficiaries of federally funded programs are to be
assured equal access to the programs through the provision of
language assistance services.
   (3) California's Medi-Cal program receives federal financial
assistance from the United States Department of Health and Human
Services.  California's State Department of Health Services has set
forth cultural and linguistic policies and requirements for the
managed care plans which contract with the department to participate
in the Medi-Cal program.
   (4) It is the intent of the Legislature that these managed care
plans report to the State Department of Health Services regarding
their compliance with the Medi-Cal's program cultural and linguistic
policies and requirements, and that the State Department of Health
Services report to the Legislature regarding the managed care plans'
compliance with those policies and requirements.
   (b) On or before April 1, 2004, and annually thereafter, every
managed care plan that has contracted to participate in the Medi-Cal
program shall submit a report to the department regarding the
culturally and linguistically appropriate services that it has
provided during the prior calendar year and proposes to be provided
in the current calendar year in order to meet the needs of its
limited English proficient applicants and beneficiaries in the
program.  The report shall include all of the following:
   (1) Demographic information of the managed care plan's
beneficiaries, including race, ethnicity, primary language, and
geographic location.
   (2) A description of how the managed care plan has complied with
each cultural and linguistic requirement.  The description shall
identify the types of services provided, including, but not limited
to, the interpreters and the culturally and linguistically
appropriate providers and clinics made available by the managed care
plan, its marketing materials, information packets, translated
written materials, referrals to culturally and linguistically
appropriate community services and programs, and training and
education activities for providers.  The description shall also
identify activities by the managed care plan to develop internal
systems to meet the cultural and linguistic needs of its applicants
and subscribers.
   (3) The results of the managed care plan's efforts in the prior
calendar year to provide culturally and linguistically appropriate
services to its applicants and beneficiaries.  This portion of the
report shall describe the managed care plan's ongoing quality
improvement efforts through beneficiary complaints, grievances,
satisfaction, and other supplemental information and its efforts to
evaluate its cultural and linguistic services and the outcomes of its
cultural and linguistic activities.
   (4) Highlights of any innovative approaches utilized by the
managed care plan to provide culturally and linguistically
appropriate services to its applicants and beneficiaries.
   (5) Specific objectives that the managed care plan has set to
provide culturally and linguistically appropriate services to its
applicants and beneficiaries for the current calendar year.
   (c) On or before June 1, 2004, and annually thereafter, the State
Department of Health Services shall submit a report to the
Legislature regarding the status of contracting managed care plans'
compliance during the prior calendar year with the department's
cultural and linguistic requirements.  The report shall be a
compilation of all the reports submitted to the department by the
managed care plans and, at a minimum, shall include all of the
following:
   (1) Demographic information of each managed care plan's
beneficiaries, including race, ethnicity, primary language, and
geographic location.
   (2) A description of how each managed care plan has complied with
each cultural and linguistic requirement.
   (3) The results of each managed care plan's efforts in the prior
calendar year to provide culturally and linguistically appropriate
services to its applicants and beneficiaries.
   (4) Highlights of any innovative approaches utilized by each
managed care plan to provide culturally and linguistically
appropriate services to its applicants and beneficiaries.
   (5) Specific objectives that each managed care plan has set to
provide culturally and linguistically appropriate services to its
applicants and beneficiaries for the current calendar year.