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AB 1263 would create a new program that provides interpretation services to Medi-Cal patients.

AB 1263 would create a new program that provides interpretation services to Medi-Cal patients.

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AB 1263 would create a new program that provides interpretation services to Medi-Cal patients.
AB 1263 would create a new program that provides interpretation services to Medi-Cal patients.

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Published by: scprweb on Apr 01, 2013
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04/01/2013

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california legislature
2013
14 regular session
ASSEMBLY BILL No. 1263
Introduced by Assembly Member John A. P
é
rez
February 22, 2013An act to add Chapter 13 (commencing with Section 3599.50) toDivision 4 of Title 1 of the Government Code, and to add Article 4.6(commencing with Section 14146) to Chapter 7 of Part 3 of Division9 of the Welfare and Institutions Code, relating to Medi-Cal.
legislative counsel
s digest
AB 1263, as introduced, John A. P
é
rez. Medi-Cal: CommuniCal.Existing law provides for the Medi-Cal program, which isadministered by the State Department of Health Care Services, underwhich qualied low-income individuals receive health care services.The Medi-Cal program is, in part, governed and funded by federalMedicaid Program provisions. Existing federal law provides forincreased administrative funding for translation and interpretationservices provided in connection with the enrollment, retention, and useof services under the Medicaid Program.This bill would require the department to establish the Medi-CalPatient-Centered Communication program (CommuniCal), to beadministered by a 3rd-party administrator, to, commencing July 1, 2014,provide and reimburse for medical interpretation services to Medi-Calbeneciaries who are limited English procient (LEP). This bill wouldestablish the CommuniCal Program Fund in the State Treasury, whichwould consist of moneys dedicated to the CommuniCal program, to beused upon appropriation by the Legislature to the department solely tofund the CommuniCal program.
 
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Existing law provides for the certication of administrative hearinginterpreters and medical examination interpreters for purposes of administrative adjudications.This bill would require the State Personnel Board to be the certifyingbody for CommuniCal certied medical interpreters (CCMIs), toestablish a certifying examination for those interpreters, and to maintaina registry of those persons who pass the exam, as specied.Commencing July 1, 2014, the bill would require Spanish-languageinterpreters to pass the exam and be listed on the registry in order to beeligible to provide services under CommuniCal. The bill would requirethe State Personnel Board, by July 1, 2014, to determine appropriatetesting, training, and experience standards for other language interpretersto also be placed on the registry as CCMIs, as specied. The bill wouldalso require the State Personnel Board to establish and charge fees thatdo not exceed reasonable costs for applicants to take the exam and becertied and listed in the registry and would require the State PersonnelBoard to adopt quality standards and medical interpretation certicationrequirements through regulations.The Ralph C. Dills Act provides for employer-employee relationsbetween the state and its employees, as specied, including, amongother things, the right of state employees to form, join, and participatein the activities of employee organizations for the purpose of representation on all matters of employer-employee relations, asspecied.This bill would provide that CCMIs would have the right to form, join, and participate in the activities of a labor organization of their ownchoosing for the purpose of representation of speciedemployer-employee matters. The bill would provide that CCMIs wouldnot be considered state employees for purposes of the bill, but wouldhave the right to be represented by an exclusive labor organization of their own choosing for the purpose of collective bargaining with thestate on matters of mutual concern, as specied.The bill would provide that upon application by petition, authorizationcards, or union membership cards of a labor organization adequatelyshowing that a majority of CCMIs in the state desire to be representedexclusively by that labor organization, and no other labor organizationis currently certied as the exclusive representative, the PublicEmployment Relations Board shall certify and grant exclusiverepresentation to that labor organization, and would establish otherelection procedures to be administered by that board.
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AB 1263
 
 
The bill would require that any agreement resulting from collectivebargaining be legally binding upon the state and committed to writing,and would further require that, upon the completion of discussions andcollective bargaining, any agreement be reduced to writing and bepresented to the appropriate administrative, legislative, or othergoverning body in the form of a binding agreement, resolution, bill,law, or other form required for adoption.The bill would provide that, after the certication of a labororganization, the state shall approve and have deducted, uponauthorization in the case of dues deduction, from the appropriatereimbursement or other payment to the employee the monthly amountof dues or service fees as certied by an executive ofcer of the labororganization, and shall transmit the amount to the treasurer of the labororganization.
Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: no.
The people of the State of California do enact as follows:
line1 SECTION 1. The Legislature nds and declares all of theline2 following:line3 (a)
 
California has long been recognized as one of the mostline4 racially and linguistically diverse states; the state is home toline5 residents who speak over 200 languages.line6 (b)
 
Approximately one in ve Californians is limited Englishline7 procient (LEP) and identies as speaking English less than veryline8 well.line9 (c)
 
Language access and the right to interpretation services isline10 required under Title VI of the federal Civil Rights Act of 1964,line11 the Dymally-Alatorre Bilingual Services Act of 1973 (Chapterline12 17.5 (commencing with Section 7290) of Division 7 of Title 1 of line13 the Government Code), the Knox-Keene Health Care Service Planline14 Act of 1975 (Chapter 2.2 (commencing with Section 1340) of line15 Division 2 of the Health and Safety Code), Section 11135 of theline16 Government Code, Section 1259 of the Health and Safety Code,line17 and California civil rights law.line18 (d)
 
The demand for medical interpretation services by Medi-Calline19 beneciaries is signicant, with 45.2 percent of Medi-Calline20 beneciaries speaking a language other than English.
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AB 1263
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