SECTIONS 124400-124440 - California Statutes

HEALTH AND SAFETY CODE

SECTION 124400-124440

124400. (a) The Legislature makes the following findings and
declarations:
(1) There is a maldistribution of health services in California
resulting in underserved rural and urban areas and underserved
population groups.
(2) Most rural areas of the state do not have adequate health
services because there are insufficient personnel and facilities to
provide the services. The lack of adequate services has a negative
impact on the health and safety of the public.
(3) In many urban areas of the state there are inadequate health
services for low-income populations. Financial barriers create access
problems. These barriers to health services have a negative impact
on the health and safety of these groups and the public.
(4) Population groups, such as American Indians and seasonal
agricultural and migratory workers, lack access to adequate and
appropriate health services. The lack of adequate services has a
negative impact on the health and safety of these groups and the
public.
(5) State assistance will be needed to assure financial stability
of primary care resources for these specified population groups.
(b) It is therefore the intent of the Legislature that the state
develop an overall strategy to ensure the maintenance of adequate
primary health care resources for special population groups.

124405. (a) The department shall develop a statewide plan for
health services for special population groups identified pursuant to
subdivision (b) of Section 124425 by January 1, 1985, and shall
evaluate and update the plan every two years. The plan shall include,
but not be limited to, an assessment of resources, an assessment of
unmet needs, an evaluation of prior years program goals and
objectives, and a two-year action plan for at least the following
program areas:
(1) Health of seasonal agricultural and migratory workers and
their families.
(2) American Indian health services.
(3) Rural health services.
(4) California health services corps.
(5) Grants-in-aid to clinics.
(b) The plan shall describe the types, locations, and
effectiveness of the programs specified in paragraphs (1) to (5),
inclusive, and contain an assessment of resources needed to maintain
the plan consistent with the Primary Care Services Act (Section 27).
(c) The plan may be a consolidation of individual program reports
due to the Legislature during the year the plan is updated. The plan
may also be integrated with other plans the department is required to
develop concerning maternal and child health programs and services
for special population groups.
(d) The statewide plan shall be initially developed in
consultation with the Primary Care Clinics Advisory Committee and the
California Conference of Local Health Officers and biannually
updated as provided in this section in consultation with individuals
and groups representing special populations and areas, with local
governments, and with the office.

124410. Notwithstanding any other provision of law, the department
may, if requested by the nonprofit or public agency and to the extent
funds are available, provide for advance payments for services to be
performed under any agreement entered into pursuant to the Primary
Care Services Act (Section 27) and that is otherwise in compliance
with the requirements contained in Section 100350. Individual advance
payments made to any nonprofit or public agency that requests those
payments shall be made in a timely fashion and shall not exceed 25
percent of the total amount of the grant award.

124415. Notwithstanding any other provision of law, the department
may, in addition to the advance payment under Section 124410, provide
for prospective payments for services to be performed under any
agreement entered into pursuant to the Primary Care Services Act
(Section 27). These prospective payments may be provided each month
to a contracting agency on one of the following bases:
(a) One-twelfth of the total funding award each month.
(b) One-twelfth of 75 percent of the funding award, if a 25
percent advance payment is also provided.
Prospective payments may be made to those nonprofit or public
agencies that request prospective payments and may be adjusted if
necessary during the project period after the submission and review
of required program reports.

124420. Each agreement for a project shall require the contracting
agency to seek third-party reimbursements, including Medi-Cal and
private insurance, for any person served under the agreement and
shall require that the reimbursements be used for purposes consistent
with the Primary Care Services Act (Section 27). Each agreement may
require the contracting agency to provide reports to the department
on reimbursements.

124425. (a) It is the intent of the Legislature that funds
authorized by the Primary Care Services Act (Section 27) be provided
to organizations and agencies that are located in underserved areas
or that are serving population groups identified pursuant to
subdivision (b).
(b) Every two years the director shall develop a list of
underserved rural and urban areas and underserved population groups.
The director shall take into consideration the list of urban and
rural areas designated as medically underserved by the California
Healthcare Workforce Policy Commission and by the office and federal
medically underserved areas and population groups designated by
federal agencies.
(c) The director shall develop the list of underserved rural and
urban areas and underserved population groups, set forth in
subdivision (b), after consulting and receiving written
recommendations from the Primary Care Clinics Advisory Committee and
after consulting with appropriate groups and individuals, including
individuals representing underserved populations and local
government.

124430. (a) It is the intent of the Legislature that programs in
the Primary Care Services Act (Section 27) be funded annually through
the budgetary process.
(b) In administering funds pursuant to the Primary Care Services
Act (Section 27), the department shall use the funds only for the
purpose of funding grants specifically authorized by that act.
(c) No local assistance funds may be used for state administration
purposes under the Primary Care Services Act (Section 27).

124435. An applicant for funds pursuant to the Primary Care
Services Act (Section 27) shall transmit a copy of an application to
any person who makes a written request therefor at the same time that
the application is transmitted to the state.

124440. The department may enter into agreements with any clinic
that is licensed under subdivision (a) of Section 1204 or exempt from
licensure under subdivision (c) of Section 1206, and which requests
the agreements, for up to three consecutive years.
The contracts shall be limited to the provision of health services
to persons authorized to receive health services under the programs
specified in the Primary Care Services Act (Section 27).
The department shall retain the right to terminate contracts under
the general provisions of the contract language prior to the three
years for failure to comply with the performance terms and conditions
set forth in the contracts.
The multiple-year contracts shall be modified to reflect any
cost-of-living adjustments that are provided to the programs
specified in this section, provided the cost-of-living adjustments
are granted pursuant to the Budget Act. The contracts may also be
amended to reflect changes in the base budget amount, scope of work,
and other contract language changes as necessary. Nothing shall
prohibit the department from establishing a three-year budget and
annually amending the contract to change the budget amount, scope of
work, and other contract language changes as necessary. Nothing shall
prohibit the contract from being modified based on the mutual
consent of the contractor and the department. Advance payments in the
original contract and in each one-year extension are permitted, but
shall not exceed 25 percent of the funds provided for each fiscal
year.
On or before January 1, 1990, the department at any time shall
report to the Legislative Analyst as to the personnel-year and
General Fund savings that have been associated with this authority.