CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1089Introduced by Senator WilkFebruary 16, 2022 An act to amend Section 2807 of the Penal Code, and to add Section 14131.08 to the Welfare and Institutions Code, relating to optometry.LEGISLATIVE COUNSEL'S DIGESTSB 1089, as introduced, Wilk. Medi-Cal: eyeglasses: Prison Industry Authority.Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize an optometrist to purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on receipt of any necessary federal approvals and the availability of federal financial participation.The bill, notwithstanding the above-described requirements, would authorize an optometrist participating in the Medi-Cal program to purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2807 of the Penal Code is amended to read:2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3) The products and services are provided to public school students at no cost to the students or their families.(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.SEC. 2. Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.(b) (1) The department shall seek any necessary federal approvals to implement this section.(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1089Introduced by Senator WilkFebruary 16, 2022 An act to amend Section 2807 of the Penal Code, and to add Section 14131.08 to the Welfare and Institutions Code, relating to optometry.LEGISLATIVE COUNSEL'S DIGESTSB 1089, as introduced, Wilk. Medi-Cal: eyeglasses: Prison Industry Authority.Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize an optometrist to purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on receipt of any necessary federal approvals and the availability of federal financial participation.The bill, notwithstanding the above-described requirements, would authorize an optometrist participating in the Medi-Cal program to purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1089
Introduced by Senator WilkFebruary 16, 2022
Introduced by Senator Wilk
February 16, 2022
An act to amend Section 2807 of the Penal Code, and to add Section 14131.08 to the Welfare and Institutions Code, relating to optometry.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1089, as introduced, Wilk. Medi-Cal: eyeglasses: Prison Industry Authority.
Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize an optometrist to purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on receipt of any necessary federal approvals and the availability of federal financial participation.The bill, notwithstanding the above-described requirements, would authorize an optometrist participating in the Medi-Cal program to purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize an optometrist to purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on receipt of any necessary federal approvals and the availability of federal financial participation.
The bill, notwithstanding the above-described requirements, would authorize an optometrist participating in the Medi-Cal program to purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2807 of the Penal Code is amended to read:2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3) The products and services are provided to public school students at no cost to the students or their families.(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.SEC. 2. Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.(b) (1) The department shall seek any necessary federal approvals to implement this section.(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2807 of the Penal Code is amended to read:2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3) The products and services are provided to public school students at no cost to the students or their families.(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
SECTION 1. Section 2807 of the Penal Code is amended to read:
### SECTION 1.
2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3) The products and services are provided to public school students at no cost to the students or their families.(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3) The products and services are provided to public school students at no cost to the students or their families.(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3) The products and services are provided to public school students at no cost to the students or their families.(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.
(b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
(c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:
(1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.
(2) The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.
(3) The products and services are provided to public school students at no cost to the students or their families.
(d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.
(e) Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
SEC. 2. Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.(b) (1) The department shall seek any necessary federal approvals to implement this section.(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
SEC. 2. Section 14131.08 is added to the Welfare and Institutions Code, to read:
### SEC. 2.
14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.(b) (1) The department shall seek any necessary federal approvals to implement this section.(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.(b) (1) The department shall seek any necessary federal approvals to implement this section.(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.(b) (1) The department shall seek any necessary federal approvals to implement this section.(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
14131.08. (a) For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.
(b) (1) The department shall seek any necessary federal approvals to implement this section.
(2) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.