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| 1 | + | Amended IN Senate March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 83Introduced by Senator UmbergJanuary 17, 2025An act to amend Section 363 of the Code of Civil Procedure, relating to civil actions. add Section 100219 to the Health and Safety Code, relating to the State Department of Health Care Services.LEGISLATIVE COUNSEL'S DIGESTSB 83, as amended, Umberg. Civil actions. State Department of Health Care Services.Existing law establishes the State Department of Health Care Services to administer and license various health-related programs and health professionals, including, among others, programs and professionals supporting mental health, providing basic health care, and addressing substance use disorder. Existing law requires the department to post certain information regarding these programs and professionals on its internet website, including reports and data regarding individuals served under its administered programs.This bill would require the State Department of Health Care Services to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for every program administered by the department. The bill would further require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law.Existing law specifies procedures to be followed in civil actions. Existing law requires the word action for these purposes to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.This bill would make a technical, nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 100219 is added to the Health and Safety Code, to read:100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following:(1) Name of the entity or person to whom the department issued the violation.(2) Legal basis for the violation, including citation to statute or regulation.(3) Facts supporting the departments decision to issue the violation.(4) Date the department issued the violation.(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation.(b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law.SECTION 1.Section 363 of the Code of Civil Procedure is amended to read:363.The word action as used in this title shall be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. | |
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| 3 | - | ||
| 3 | + | Amended IN Senate March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 83Introduced by Senator UmbergJanuary 17, 2025An act to amend Section 363 of the Code of Civil Procedure, relating to civil actions. add Section 100219 to the Health and Safety Code, relating to the State Department of Health Care Services.LEGISLATIVE COUNSEL'S DIGESTSB 83, as amended, Umberg. Civil actions. State Department of Health Care Services.Existing law establishes the State Department of Health Care Services to administer and license various health-related programs and health professionals, including, among others, programs and professionals supporting mental health, providing basic health care, and addressing substance use disorder. Existing law requires the department to post certain information regarding these programs and professionals on its internet website, including reports and data regarding individuals served under its administered programs.This bill would require the State Department of Health Care Services to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for every program administered by the department. The bill would further require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law.Existing law specifies procedures to be followed in civil actions. Existing law requires the word action for these purposes to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.This bill would make a technical, nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 17, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 03, 2025 | |
| 8 | 7 | Amended IN Senate March 17, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 83 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator UmbergJanuary 17, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Umberg | |
| 19 | 18 | January 17, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 100219 to | |
| 20 | + | An act to amend Section 363 of the Code of Civil Procedure, relating to civil actions. add Section 100219 to the Health and Safety Code, relating to the State Department of Health Care Services. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 83, as amended, Umberg. State Department of Health Care Services. | |
| 26 | + | SB 83, as amended, Umberg. Civil actions. State Department of Health Care Services. | |
| 28 | 27 | ||
| 29 | - | Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and authorizes the department to issue a license to specified types of facilities if certain criteria are met. Existing law requires an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the department to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. Existing law requires the disclosure to include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List.This bill would require the department to indicate on its internet website containing the above-described list, in a location and font that is easy to see and read, that notices to recovery residences issued for a specified violation are not included in that list. The bill would also require the department to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for the above-described facilities and programs. The bill would require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law.Existing law establishes the State Department of Health Care Services to administer and license various health-related programs and health professionals, including, among others, programs and professionals supporting mental health, providing basic health care, and addressing substance use disorder. Existing law requires the department to post certain information regarding these programs and professionals on its internet website, including reports and data regarding individuals served under its administered programs.This bill would require the State Department of Health Care Services to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for every program administered by the department. The bill would further require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law. | |
| 30 | - | ||
| 31 | - | Existing law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities and authorizes the department to issue a license to specified types of facilities if certain criteria are met. Existing law requires an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the department to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. Existing law requires the disclosure to include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. | |
| 32 | - | ||
| 33 | - | This bill would require the department to indicate on its internet website containing the above-described list, in a location and font that is easy to see and read, that notices to recovery residences issued for a specified violation are not included in that list. The bill would also require the department to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for the above-described facilities and programs. The bill would require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law. | |
| 28 | + | Existing law establishes the State Department of Health Care Services to administer and license various health-related programs and health professionals, including, among others, programs and professionals supporting mental health, providing basic health care, and addressing substance use disorder. Existing law requires the department to post certain information regarding these programs and professionals on its internet website, including reports and data regarding individuals served under its administered programs.This bill would require the State Department of Health Care Services to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for every program administered by the department. The bill would further require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law.Existing law specifies procedures to be followed in civil actions. Existing law requires the word action for these purposes to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.This bill would make a technical, nonsubstantive change to this provision. | |
| 34 | 29 | ||
| 35 | 30 | Existing law establishes the State Department of Health Care Services to administer and license various health-related programs and health professionals, including, among others, programs and professionals supporting mental health, providing basic health care, and addressing substance use disorder. Existing law requires the department to post certain information regarding these programs and professionals on its internet website, including reports and data regarding individuals served under its administered programs. | |
| 36 | 31 | ||
| 32 | + | This bill would require the State Department of Health Care Services to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for every program administered by the department. The bill would further require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law. | |
| 33 | + | ||
| 34 | + | Existing law specifies procedures to be followed in civil actions. Existing law requires the word action for these purposes to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature. | |
| 37 | 35 | ||
| 38 | 36 | ||
| 39 | - | This bill would require the State Department of Health Care Services to post on its internet website, in a specified manner, an identification and summary of each violation the department has issued for every program administered by the department. The bill would further require the department to implement this requirement to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers without posting information that violates privacy rights and protections provided by state or federal law. | |
| 37 | + | ||
| 38 | + | This bill would make a technical, nonsubstantive change to this provision. | |
| 40 | 39 | ||
| 41 | 40 | ||
| 42 | 41 | ||
| 43 | 42 | ## Digest Key | |
| 44 | 43 | ||
| 45 | 44 | ## Bill Text | |
| 46 | 45 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 100219 is added to the Health and Safety Code, to read:100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following:(1) Name of the entity or person to whom the department issued the violation.(2) Legal basis for the violation, including citation to statute or regulation.(3) Facts supporting the departments decision to issue the violation.(4) Date the department issued the violation.(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation.(b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law.SECTION 1.Section 363 of the Code of Civil Procedure is amended to read:363.The word action as used in this title shall be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. | |
| 48 | 47 | ||
| 49 | 48 | The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | 50 | ## The people of the State of California do enact as follows: | |
| 52 | 51 | ||
| 53 | - | SECTION 1. Section | |
| 52 | + | SECTION 1. Section 100219 is added to the Health and Safety Code, to read:100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following:(1) Name of the entity or person to whom the department issued the violation.(2) Legal basis for the violation, including citation to statute or regulation.(3) Facts supporting the departments decision to issue the violation.(4) Date the department issued the violation.(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation.(b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law. | |
| 54 | 53 | ||
| 55 | - | SECTION 1. Section | |
| 54 | + | SECTION 1. Section 100219 is added to the Health and Safety Code, to read: | |
| 56 | 55 | ||
| 57 | 56 | ### SECTION 1. | |
| 58 | 57 | ||
| 59 | - | ||
| 58 | + | 100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following:(1) Name of the entity or person to whom the department issued the violation.(2) Legal basis for the violation, including citation to statute or regulation.(3) Facts supporting the departments decision to issue the violation.(4) Date the department issued the violation.(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation.(b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law. | |
| 60 | 59 | ||
| 61 | - | ||
| 60 | + | 100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following:(1) Name of the entity or person to whom the department issued the violation.(2) Legal basis for the violation, including citation to statute or regulation.(3) Facts supporting the departments decision to issue the violation.(4) Date the department issued the violation.(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation.(b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law. | |
| 62 | 61 | ||
| 63 | - | ||
| 62 | + | 100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following:(1) Name of the entity or person to whom the department issued the violation.(2) Legal basis for the violation, including citation to statute or regulation.(3) Facts supporting the departments decision to issue the violation.(4) Date the department issued the violation.(5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation.(b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law. | |
| 64 | 63 | ||
| 65 | 64 | ||
| 66 | 65 | ||
| 67 | - | 11831.5. (a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in Section 11834.02, or a certified alcohol or other drug program shall include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facilitys license or programs certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law. The disclosure shall include a link to the departments internet website that contains the Probationary Status, Temporary Suspension Order, Revoked and Notice of Operation in Violation of Law Program List. The department shall indicate on its internet website containing this list, in a location and font that is easy to see and read, that notices to recovery residences, as defined in Section 11833.05, issued for a violation of Section 11834.30, are not included in this list. | |
| 68 | - | ||
| 69 | - | (b) A violation of subdivision (a) shall be subject to penalty by the department pursuant to Section 11831.7. | |
| 70 | - | ||
| 71 | - | (c) The department shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for the facilities and programs described in subdivision (a). A summary of each violation shall include all of the following: | |
| 66 | + | 100219. (a) The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following: | |
| 72 | 67 | ||
| 73 | 68 | (1) Name of the entity or person to whom the department issued the violation. | |
| 74 | 69 | ||
| 75 | - | (2) | |
| 70 | + | (2) Legal basis for the violation, including citation to statute or regulation. | |
| 76 | 71 | ||
| 77 | - | (3) | |
| 72 | + | (3) Facts supporting the departments decision to issue the violation. | |
| 78 | 73 | ||
| 79 | 74 | (4) Date the department issued the violation. | |
| 80 | 75 | ||
| 81 | - | (5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the basis for the violation. | |
| 76 | + | (5) Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation. | |
| 82 | 77 | ||
| 83 | - | ( | |
| 78 | + | (b) The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law. | |
| 84 | 79 | ||
| 85 | 80 | ||
| 86 | 81 | ||
| 87 | 82 | ||
| 88 | 83 | ||
| 89 | - | (a)The State Department of Health Care Services shall post on its internet website, in a location easily navigable from a link on its main homepage that is prominently located and clearly and conspicuously labeled, an identification and summary of each violation the department has issued for every program administered by the department. A summary of each violation shall include all of the following: | |
| 90 | - | ||
| 91 | - | ||
| 92 | - | ||
| 93 | - | (1)Name of the entity or person to whom the department issued the violation. | |
| 94 | - | ||
| 95 | - | ||
| 96 | - | ||
| 97 | - | (2)Legal basis for the violation, including citation to statute or regulation. | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | (3)Facts supporting the departments decision to issue the violation. | |
| 102 | - | ||
| 103 | - | ||
| 104 | - | ||
| 105 | - | (4)Date the department issued the violation. | |
| 106 | - | ||
| 107 | - | ||
| 108 | - | ||
| 109 | - | (5)Any other information the department determines is necessary for the public to recognize the entity or person who received the violation and understand the legal and factual basis for the violation. | |
| 110 | - | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | (b)The State Department of Health Care Services shall implement this section to protect the public it serves by providing sufficient information regarding those who violate the state laws it administers. The State Department of Health Care Services shall not implement this section by posting information on its internet website that violates privacy rights and protections provided by state or federal law. | |
| 84 | + | The word action as used in this title shall be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. |