BILL NUMBER: SB 1339AMENDED BILL TEXT AMENDED IN SENATE MAY 27, 2014 AMENDED IN SENATE APRIL 29, 2014 INTRODUCED BY Senator Cannella (Coauthors: Senators Huff and Vidak) (Coauthor: Assembly Member Wilk) FEBRUARY 21, 2014 An act to add Section 14124.27 to the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGEST SB 1339, as amended, Cannella. Medi-Cal: Drug Medi-Cal Treatment Program providers. Existing law provides for the Drug Medi-Cal (DMC) Treatment Program, under which counties enter into contracts with the State Department of Health Care Services for the provision of various drug treatment services to Medi-Cal recipients, or the department directly arranges for the provision of these services if a county elects not to do so. This bill would require a county or the department, before contracting with a certified DMC provider, to require a certified DMC provider's owner and medical director to submit to the Department of Justice (DOJ) fingerprint images and other information required by DOJ to obtain the person's criminal history information, as specified. The bill would require DOJ to forward the person's fingerprint images and other information to the Federal Bureau of Investigation to obtain federal criminal history information and would require DOJ to report the criminal history information to the county or department. The bill would also require the county or department to request subsequent arrest notification for the person. The bill would require DOJ to charge a fee sufficient to cover the cost of processing that request and would provide that it is the responsibility of the DMC provider's owner or medical director to pay that fee . The bill would prohibit, except as provided by federal law, a DMC provider from being excluded from contracting with a county or the department based solely on the existence of a past criminal record of the DMC provider's owner or medical director. 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 14124.27 is added to the Welfare and Institutions Code, to read: 14124.27. (a) A county or the department, before contracting with a certified Drug Medi-Cal (DMC) provider, shall require a certified DMC provider's owner and medical director to submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail, or on his or her own recognizance, pending trial or appeal. (b) The Department of Justice shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the county or department pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (c) The county or department contracting with the DMC provider shall request subsequent arrest notification service from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for persons described in subdivision (a). (d) (1) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this section. (2) Payment of the fee imposed pursuant to paragraph (1) shall be the responsibility of the DMC provider's owner or medical director, as applicable. (e) Except as provided by federal law, a DMC provider shall not be excluded from contracting with a county or the department based solely on the existence of a past criminal record of the DMC provider' s owner or medical director.