California Senate Bill SB616 Amended / Bill

 BILL NUMBER: SB 616AMENDED BILL TEXT AMENDED IN SENATE JANUARY 4, 2012 AMENDED IN SENATE APRIL 26, 2011 AMENDED IN SENATE MARCH 22, 2011 INTRODUCED BY Senator DeSaulnier  (   Coauthor:   Senator   Alquist   )  FEBRUARY 18, 2011  An act to add Article 5.7 (commencing with Section 14187) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to public health.   An act to amend Section 1363.05 of the Civil Code, relating to common interest developments.  LEGISLATIVE COUNSEL'S DIGEST SB 616, as amended, DeSaulnier.  Medi-Cal: grants: prevention of chronic diseases.   Common interest developments: open meetings.   Existing law provides for the creation of common interest developments and requires that a common interest development be managed by an association that may or may not be incorporated. Existing law prescribes requirements for meetings of the board of directors of the association that manages the development, and requires notice of these meetings to be given to the members of the association at least 4 days prior to the meeting, except as specified. Existing law requires that notice for a common interest development association meeting that will be held solely in executive session be given to members of the association at least 2 days prior to the meeting, except as specified.   Existing law prohibits the board from conducting a meeting via a series of electronic transmissions, such as electronic mail, except to conduct an emergency meeting. Existing law authorizes the use of electronic transmissions to conduct an emergency meeting if all members of the board consent in writing to that action, as specified.   This bill would make clarifying changes to these provisions.   Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions.   Under federal law, the Patient Protection and Affordable Care Act, the Centers for Medicare and Medicaid Services will award grants pursuant to the Medicaid Incentives for Prevention of Chronic Diseases Program to selected states for a program that provides financial and nonfinancial incentives to Medicaid beneficiaries who participate in prevention programs and demonstrate changes in health risk and outcomes.   This bill would require the department to pursue this grant. This bill would also require, if California is awarded a grant, the department to design, implement, and report on the program, as prescribed.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1363.05 of the   Civil Code   is amended to read:  1363.05. (a) This section shall be known and may be cited as the Common Interest Development Open Meeting Act. (b) Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to, or meets solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 1367 or 1367.1. The board of directors of the association shall meet in executive session, if requested by a member who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. As specified in paragraph (2) of subdivision (k), a member of the association shall be entitled to attend a teleconference meeting or the portion of a teleconference meeting that is open to members, and that meeting or portion of the meeting shall be audible to the members in a location specified in the notice of the meeting. (c) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. (d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of an association, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member of the association upon request and upon reimbursement of the association's costs for making that distribution. (e) Members of the association shall be notified in writing at the time that the pro forma budget required in Section 1365 is distributed, or at the time of any general mailing to the entire membership of the association, of their right to have copies of the minutes of meetings of the board of directors, and how and where those minutes may be obtained. (f) Unless the bylaws provide for a longer period of notice, members shall be given notice of the time and place of a meeting as defined in subdivision (k), except for an emergency meeting or a meeting that will be held solely in executive session, at least four days prior to the meeting. Except for an emergency meeting, members shall be given notice of the time and place of a meeting that will be held solely in executive session at least two days prior to the meeting. Notice shall be given by posting the notice in a prominent place or places within the common area and by mail to any owner who had requested notification of board meetings by mail, at the address requested by the owner. Notice may also be given by mail, by delivery of the notice to each unit in the development, by newsletter or similar means of communication, or, with the consent of the member, by electronic means. The notice shall contain the agenda for the meeting. (g) An emergency meeting of the board may be called by the president of the association, or by any two members of the governing body other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section. (h) The board of directors of the association shall permit any member of the association to speak at any meeting of the association or the board of directors, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board of directors or before a meeting of the association shall be established by the board of directors. (i) (1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the association may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit a resident who is not a member of the board from speaking on issues not on the agenda. (2) Notwithstanding paragraph (1), a member of the board of directors, a managing agent or other agent of the board of directors, or a member of the staff of the board of directors, may do any of the following: (A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h). (B) Ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities, whether in response to questions posed by a member of the association or based upon his or her own initiative. (3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following: (A) Provide a reference to, or provide other resources for factual information to, its managing agent or other agents or staff. (B) Request its managing agent or other agents or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct its managing agent or other agents or staff to place a matter of business on a future agenda. (C) Direct its managing agent or other agents or staff to perform administrative tasks that are necessary to carry out this subdivision. (4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions: (i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice. (ii) Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was posted and distributed pursuant to subdivision (f). (iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. (B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting. (j) (1) The board of directors shall not take action on any item of business outside of a meeting. (2) (A) Notwithstanding Section 7211 of the Corporations Code, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B). (B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board.  Written consent to conduct an emergency meeting   These written consents  may be transmitted electronically. (k) As used in this section: (1) "Item of business" means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the association, or committee of the board comprising less than a majority of the directors. (2) "Meeting" means either of the following: (A) A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. (B) A teleconference in which a majority of the members of the board, in different locations, are connected by electronic means, through audio or video or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this title. Except for a meeting that will be held solely in executive session, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend and at least one member of the board of directors shall be present at that location. Participation by board members in a teleconference meeting constitutes presence at that meeting as long as all board members participating in the meeting are able to hear one another and members of the association speaking on matters before the board.  SECTION 1.   The Legislature finds and declares all of the following: (a) The President of the United States signed comprehensive health reform into law on March 23, 2010. The federal Patient Protection and Affordable Care Act (Public Law 111-148) and the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) represent a significant reform of the nation's health delivery system, including many provisions designed to promote prevention, wellness, and patient-centered health outcomes. (b) Federal health reform has several provisions that focus on prevention and health promotion, including community-based obesity prevention programs, community transformation grants, nutrition labeling, individualized wellness plan pilots, and workplace wellness programs. (c) Under the federal Patient Protection and Affordable Care Act (Public Law 111-148), states may apply to the federal Centers for Medicare and Medicaid Services (CMS) for grants to fund programs that demonstrate changes in health risk and outcomes, including, but not limited to, the adoption of healthy behaviors. (d) CMS has announced an invitation for proposals from states to compete for grant awards under the Medicaid Incentives for Prevention of Chronic Diseases Program for a program that provides financial and nonfinancial incentives to Medicaid beneficiaries who participate in prevention programs and demonstrate changes in health risk and outcomes. The purpose of the Medicaid Incentives for Prevention of Chronic Diseases Program is to test and evaluate the effect of state grant awarded programs on the use of health care services by Medicaid beneficiaries participating in the program, the extent to which populations, including, but not limited to, adults with disabilities, adults with chronic illnesses, and children with special health care needs, are able to participate in the program, the level of satisfaction of Medicaid beneficiaries with respect to the accessibility and quality of health care services provided through the program, and the administrative costs incurred by state agencies responsible for the administration of the program. (e) California has a strong history of public health prevention programs, including, but not limited to, one of the nation's leading tobacco control programs. Since 1989, there has been a 35 percent decrease in smoking prevalence, a 61 percent decline in per capita cigarette consumption, and a decrease in lung cancer incidence that is over three times the rate of decline seen in the rest of the nation. Collectively, the program's efforts have saved the state $86 billion in direct health care costs. (f) Unfortunately, California's priority populations remain at greater risk of tobacco use, disease, and death. African American males continue to have the highest smoking prevalence, 21.3 percent, compared to their counterparts in all other major race and ethnicity groups who smoke at a range between 14.9 percent and 17.2 percent, inclusive. African American and non-Hispanic white females also have significantly higher smoking prevalence rates, of 17.3 percent and 12.5 percent respectively, compared to Hispanic and Asian and Pacific Islander females whose smoking prevalence rates are 7.1 percent and 5.5 percent, respectively. However, the most startling evidence of disparity lies with smoking prevalence among low-income populations. (g) Rising health care costs are recognized as an unsustainable growing component of the state budget. A National Health Policy Forum paper reported that, "unless the need for health care is reduced by significantly improving the health of the American people, it will be difficult if not impossible to bring health care costs under control." Further, it has been noted that offering interventions that address the behavioral or social circumstances that influence participation in preventive health services may contribute to improving health and decreasing growth in health care expenditures. (h) California will be a national model for public health interventions and prevention and wellness programs. Communities and individuals must be empowered to make changes that best address their circumstances and resource needs.   SEC. 2.   Article 5.7 (commencing with Section 14187) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 5.7. Incentives for Prevention of Chronic Diseases Program 14187. (a) The State Department of Health Care Services shall pursue a Medicaid Incentives for Prevention of Chronic Diseases Program grant, as established pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), to offer incentives to Medi-Cal enrollees who adopt healthy behaviors and habits. (b) The department shall submit a notice of intent to apply and a complete grant application to the federal Centers for Medicare and Medicaid Services (CMS). The application shall address at least one of the following prevention goals: (1) Tobacco cessation. (2) Controlling or reducing weight. (3) Lowering cholesterol. (4) Lowering blood pressure. (5) Avoiding the onset of diabetes or improving the management of the condition. (c) If California is awarded a Medicaid Incentives for Prevention of Chronic Diseases Program grant, the department shall do all of the following: (1) Apply annually for incremental funding. (2) Design and implement a program in accordance with the Medicaid Incentives for Prevention of Chronic Diseases Program that operates for at least three years to provide financial and nonfinancial incentives to Medi-Cal beneficiaries of all ages who participate in prevention programs and demonstrate changes in health risk and outcomes, including, but not limited to, the adoption of healthy behaviors. The program shall be designed and uniquely suited to address the needs of Medi-Cal beneficiaries to help individuals achieve one or more of the following: (A) The cessation of the use of tobacco products. (B) Control or reduction in weight. (C) Lower cholesterol. (D) Lower blood pressure. (E) The avoidance of the onset of diabetes, or in the case of a diabetic, an improvement in the management of that condition. (3) Ensure that the program is comprehensive, evidence-based, widely available, and easily accessible. The program shall use relevant evidence-based research and resources, including, but not limited to, the Guide to Community Preventive Services, the Guide to Clinical Preventive Services, and the National Registry of Evidence-Based Programs. (4) Engage in an outreach and education campaign to make Medi-Cal beneficiaries and Medi-Cal participating providers aware of the program. (5) Work collaboratively to develop the program, incorporate stakeholders in the process, conduct a state-level evaluation, and fulfill reporting requirements specified by CMS. (6) Develop and implement a system to do all of the following: (A) Track Medi-Cal beneficiary participation in the program and validate changes in health risk and outcomes with clinical data, including, but not limited to, the adoption and maintenance of health behaviors by participating beneficiaries. (B) To the extent practicable, establish standards and health status targets for Medi-Cal beneficiaries participating in the program and measure the degree to which the standards and targets are met. (C) Evaluate the effectiveness of the program and provide any evaluations to the United States Secretary of Health and Human Services and the relevant fiscal and policy committees of the California Legislature. (D) Report to the United States Secretary of Health and Human Services and the relevant fiscal and policy committees of the California Legislature on processes that have been developed and lessons learned from the program. (E) Report on preventive services as part of required reporting on quality measures for Medicaid managed care programs. (d) The reporting requirements to the relevant fiscal and policy committees of the California Legislature in subparagraph (C) or (D) of paragraph (6) of subdivision (c) shall become inoperative on January 1, 2016. (e) The department may enter into arrangements with providers participating in Medi-Cal, community-based organizations, faith-based organizations, public-private partnerships, Indian tribes, or similar entities or organizations to carry out the program. (f) To the extent permitted by federal law, any incentives provided to a Medi-Cal beneficiary participating in a program described in this section shall not be taken into account for purposes of determining the beneficiary's eligibility for, or amount of, benefits under the Medicaid program or any program funded in whole or in part with federal funds.