Section § 24000

Explanation

This law creates the State-Only Family Planning Program under the State Department of Health Care Services in California. The program's goal is to offer complete family planning services to low-income men and women.

There is established in the State Department of Health Care Services the State-Only Family Planning Program to provide comprehensive clinical family planning services to low-income men and women. This division shall be known and may be cited as the State-Only Family Planning Program.

Section § 24001

Explanation

This section defines 'family planning' as the process of setting goals for the number and timing of children and choosing methods to achieve these goals. It includes a variety of methods like contraception, natural planning, and abstinence. The services cover preconception and reproductive health counseling, treatment of infections and conditions affecting fertility, and educational resources, but do not include abortion-related services.

Additionally, family planning services for men will expand to include tests for sexually transmitted infections and physical exams, pending federal approval and funding. The 'department' referenced is the State Department of Health Care Services.

(a)Copy CA Welfare & Institutions Code § 24001(a)
(1)Copy CA Welfare & Institutions Code § 24001(a)(1) For purposes of this division, “family planning” means the process of establishing objectives for the number and spacing of children, and selecting the means by which those objectives may be achieved. These means include a broad range of acceptable and effective methods and services to limit or enhance fertility, including contraceptive methods, natural family planning, abstinence methods and basic, limited fertility management. Family planning services include, but are not limited to, preconception counseling, maternal and fetal health counseling, general reproductive health care, including diagnosis and treatment of infections and conditions, including cancer, that threaten reproductive capability, medical family planning treatment and procedures, including supplies and followup, and informational, counseling, and educational services. Family planning shall not include abortion, pregnancy testing solely for the purposes of referral for abortion or services ancillary to abortions, not including contraceptives, or pregnancy care that is not incident to the diagnosis of pregnancy.
(2)CA Welfare & Institutions Code § 24001(a)(2) Family planning services for males shall be expanded to include laboratory tests for sexually transmitted infections and comprehensive physical examinations. Within 60 days of approval of the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program, provided for pursuant to subdivision (aa) of Section 14132, the department shall seek to amend the waiver to add this expansion. The implementation of this paragraph shall be dependent upon federal approval and receipt of federal financial participation.
(b)CA Welfare & Institutions Code § 24001(b) For purposes of this division, “department” means the State Department of Health Care Services.

Section § 24003

Explanation

This law section outlines the eligibility criteria for receiving services under this program. To qualify, individuals must live in California, have income below 200% of the federal poverty level, lack other health coverage, and not qualify for existing Medi-Cal without a share of cost. Family planning services only require the individual's consent to proceed.

Eligibility is determined on-site by providers who verify family size, income, and healthcare coverage through self-declaration, without requiring asset information. The department can establish a copayment system based on income, but those with income below the federal poverty level aren't charged. A lack of social security number won't deny services, and the copayment fee won't prevent access to family planning.

(a)CA Welfare & Institutions Code § 24003(a) A person shall be eligible to receive services pursuant to this chapter provided that the following conditions are met:
(1)CA Welfare & Institutions Code § 24003(a)(1) The person is a resident of California.
(2)CA Welfare & Institutions Code § 24003(a)(2) The person has a family income at or below 200 percent of the federal poverty level.
(3)CA Welfare & Institutions Code § 24003(a)(3) The person has no other source of health care coverage unless the use of that health care coverage would create a barrier to access because of confidentiality.
(4)CA Welfare & Institutions Code § 24003(a)(4) The person is not otherwise eligible for existing Medi-Cal services without a share of cost.
(b)CA Welfare & Institutions Code § 24003(b) Notwithstanding any other provision of law, the provision of family planning services shall not require the consent of anyone other than the person who is to receive the services.
(c)CA Welfare & Institutions Code § 24003(c) Eligibility shall be determined at point of service by the provider. The provider shall obtain information on the individual’s family size, income, and health care coverage and then, based on that information, determine if the individual meets the eligibility criteria specified in subdivision (a). All individuals who meet the eligibility requirements shall be certified by the provider as eligible for services under the program. A Medi-Cal share of cost shall not be used to deny access to family planning services under the program. The department may require the collection on a voluntary basis or the use of the individual’s social security number, or both. No services shall be denied to a client if a social security number is not provided.
(d)CA Welfare & Institutions Code § 24003(d) Eligibility shall be based on the individual’s self-declaration of gross annual or monthly income, family size, and other source of health care coverage, signed under penalty of perjury at each annual eligibility certification. No asset information shall be used to determine eligibility.
(e)CA Welfare & Institutions Code § 24003(e) The department may establish a copayment system for services provided pursuant to this chapter that is based upon the income level of the individual and the cost of the service provided. No individual whose documented family income is at or below 100 percent of the federal poverty level shall be subject to copayment. The copayment fee shall not be used to deny access to family planning services. State reimbursement to the provider shall be offset by that amount of the copayment collected from the eligible individual. The department shall notify providers on an annual basis of the copayment fee schedule.

Section § 24003.2

Explanation

This law section requires that measles, mumps, and rubella vaccines be included as part of the basic preventive health services for women of reproductive age under a specific program. The state must amend the existing Family PACT Waiver Program to include this service within 60 days of receiving program approval. However, this change depends on federal approval and availability of federal funding.

The basic preventive health services covered under this program shall include measles, mumps, and rubella vaccines for women of reproductive age. Within 60 days of approval of the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program, provided for pursuant to subdivision (aa) of Section 14132, the department shall seek to amend the waiver to add this expansion. The implementation of this section shall be dependent upon federal approval and receipt of federal financial participation.

Section § 24003.5

Explanation

Under this section, both men and women of reproductive age who cannot get pregnant but qualify for the program are entitled to all the benefits it offers. The Department must amend the Family PACT Waiver Program to include these benefits within 60 days after the program's approval. However, this change will only take effect if the federal government approves and agrees to help fund it.

Any male or female of reproductive age who is not at risk for pregnancy and is eligible for the program shall have available the scope of benefits provided by the program. Within 60 days of approval of the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program, provided for pursuant to subdivision (aa) of Section 14132, the department shall seek to amend the waiver to add this expansion. The implementation of this section shall be dependent upon federal approval and receipt of federal financial participation.

Section § 24005

Explanation

This section governs the Family Planning, Access, Care, and Treatment Program in California, ensuring that only qualified medical professionals provide family planning services. Medi-Cal providers may participate if they comply with the program's standards. Providers must sign agreements emphasizing compliance, including background checks, to prevent fraud. Those with previous convictions related to fraud or abuse in healthcare are not eligible. Additionally, the statute outlines procedures for handling fraud, including provider disenrollment if their licensing is suspended or revoked. Providers must maintain detailed records of their services and cooperate with audits. The law also emphasizes the need for informing patients about available insurance and enrollment in related programs.

(a)CA Welfare & Institutions Code § 24005(a) This section applies to the Family Planning, Access, Care, and Treatment Program identified in subdivision (aa) of Section 14132 and this program.
(b)CA Welfare & Institutions Code § 24005(b) Only licensed medical personnel with family planning skills, knowledge, and competency may provide the full range of family planning medical services covered in this program.
(c)CA Welfare & Institutions Code § 24005(c) Medi-Cal enrolled providers, as determined by the department, shall be eligible to provide family planning services under the program when these services are within their scope of practice and licensure. Those clinical providers electing to participate in the program and approved by the department shall provide the full scope of family planning education, counseling, and medical services specified for the program, either directly or by referral, consistent with standards of care issued by the department.
(d)CA Welfare & Institutions Code § 24005(d) The department shall require providers to enter into clinical agreements with the department to ensure compliance with standards and requirements to maintain the fiscal integrity of the program. Provider applicants, providers, and persons with an ownership or control interest, as defined in federal Medicaid regulations, shall be required to submit to the department their social security numbers to the full extent allowed under federal law. All state and federal statutes and regulations pertaining to the audit or examination of Medi-Cal providers apply to this program.
(e)CA Welfare & Institutions Code § 24005(e) Clinical provider agreements shall be signed by the provider under penalty of perjury. The department may screen applicants at the initial application and at any reapplication pursuant to requirements developed by the department to determine provider suitability for the program.
(f)CA Welfare & Institutions Code § 24005(f) The department may complete a background check on clinical provider applicants for the purpose of verifying the accuracy of information provided to the department for purposes of enrolling in the program and in order to prevent fraud and abuse. The background check may include, but not be limited to, unannounced onsite inspection prior to enrollment, review of business records, and data searches. If discrepancies are found to exist during the preenrollment period, the department may conduct additional inspections prior to enrollment. Failure to remediate significant discrepancies as prescribed by the director may result in denial of the application for enrollment. Providers that do not provide services consistent with the standards of care or that do not comply with the department’s rules related to the fiscal integrity of the program may be disenrolled as a provider from the program at the sole discretion of the department.
(g)CA Welfare & Institutions Code § 24005(g) The department shall not enroll any applicant who, within the previous 10 years:
(1)CA Welfare & Institutions Code § 24005(g)(1) Has been convicted of any felony or misdemeanor that involves fraud or abuse in any government program, that relates to neglect or abuse of a patient in connection with the delivery of a health care item or service, or that is in connection with the interference with, or obstruction of, any investigation into health care related fraud or abuse.
(2)CA Welfare & Institutions Code § 24005(g)(2) Has been found liable for fraud or abuse in any civil proceeding, or that has entered into a settlement in lieu of conviction for fraud or abuse in any government program.
(h)CA Welfare & Institutions Code § 24005(h) In addition, the department may deny enrollment to any applicant that, at the time of application, is under investigation by the department or any local, state, or federal government law enforcement agency for fraud or abuse. The department shall not deny enrollment to an otherwise qualified applicant whose felony or misdemeanor charges did not result in a conviction solely on the basis of the prior charges. If it is discovered that a provider is under investigation by the department or any local, state, or federal government law enforcement agency for fraud or abuse, that provider shall be subject to immediate disenrollment from the program.
(i)Copy CA Welfare & Institutions Code § 24005(h)(i)
(1)Copy CA Welfare & Institutions Code § 24005(h)(i)(1) (A) Except as provided in subparagraph (B), the program shall disenroll as a program provider any individual who, or any entity that, has a license, certificate, or other approval to provide health care that is revoked or suspended by a federal, California, or other state’s licensing, certification, or other approval authority, has otherwise lost that license, certificate, or approval, or has surrendered that license, certificate, or approval while a disciplinary hearing on the license, certificate, or approval was pending. The disenrollment shall be effective on the date the license, certificate, or approval is revoked, lost, or surrendered.
(B)Copy CA Welfare & Institutions Code § 24005(h)(B)
(i)Copy CA Welfare & Institutions Code § 24005(h)(B)(i) The department may elect to not disenroll an individual or entity as a provider in the program pursuant to subparagraph (A) if the revocation, suspension, or loss of the individual’s or entity’s license, certification, or other approval in another state, or if the pending disciplinary hearing during which the individual or entity surrendered the license, certification, or other approval in another state, is based solely on conduct that is not deemed to be unprofessional conduct under California law.
(ii)CA Welfare & Institutions Code § 24005(h)(B)(i)(ii) The department shall seek any federal approvals that it deems necessary to implement this subparagraph. This subparagraph shall be implemented only to the extent that the department obtains any necessary federal approvals and that federal financial participation under the Medi-Cal program is available and not otherwise jeopardized.
(2)Copy CA Welfare & Institutions Code § 24005(h)(2)
(A)Copy CA Welfare & Institutions Code § 24005(h)(2)(A) Except as provided in subparagraph (B), a provider shall be subject to disenrollment if the provider submits claims for payment for the services, goods, supplies, or merchandise provided, directly or indirectly, to a program beneficiary, by an individual or entity that has been previously suspended, excluded, or otherwise made ineligible to receive, directly or indirectly, reimbursement from the program or from the Medi-Cal program and the individual has previously been listed on either the Suspended and Ineligible Provider List, which is published by the department, to identify suspended and otherwise ineligible providers or any list published by the federal Office of the Inspector General regarding the suspension or exclusion of individuals or entities from the federal Medicare and Medicaid programs, to identify suspended, excluded, or otherwise ineligible providers.
(B)Copy CA Welfare & Institutions Code § 24005(h)(2)(A)(B)
(i)Copy CA Welfare & Institutions Code § 24005(h)(2)(A)(B)(i) Subparagraph (A) does not apply if the sole basis for an individual’s listing on either the Suspended and Ineligible Provider List or any list published by the federal Office of the Inspector General regarding the suspension or exclusion of individuals or entities from the federal Medicare and Medicaid programs, to identify suspended, excluded, or otherwise ineligible providers, is conduct that is not deemed to be unprofessional conduct under California law.
(ii)CA Welfare & Institutions Code § 24005(h)(2)(A)(B)(i)(ii) The department shall request a waiver or any other federal approvals that it deems necessary to implement this subparagraph. This subparagraph shall be implemented only to the extent that the department obtains any necessary federal approvals and that federal financial participation under the Medi-Cal program is available and not otherwise jeopardized.
(3)CA Welfare & Institutions Code § 24005(h)(3) The department shall deactivate, immediately and without prior notice, the provider numbers used by a provider to obtain reimbursement from the program when warrants or documents mailed to a provider’s mailing address, its pay to address, or its service address, if any, are returned by the United States Postal Service as not deliverable or when a provider has not submitted a claim for reimbursement from the program for one year. Prior to taking this action, the department shall use due diligence in attempting to contact the provider at its last known telephone number and to ascertain if the return by the United States Postal Service is by mistake and shall use due diligence in attempting to contact the provider by telephone or in writing to ascertain whether the provider wishes to continue to participate in the Medi-Cal program. If deactivation pursuant to this section occurs, the provider shall meet the requirements for reapplication as specified in regulation.
(4)CA Welfare & Institutions Code § 24005(h)(4) For purposes of this subdivision:
(A)CA Welfare & Institutions Code § 24005(h)(4)(A) “Mailing address” means the address that the provider has identified to the department in its application for enrollment as the address at which it wishes to receive general program correspondence.
(B)CA Welfare & Institutions Code § 24005(h)(4)(B) “Pay to address” means the address that the provider has identified to the department in its application for enrollment as the address at which it wishes to receive warrants.
(C)CA Welfare & Institutions Code § 24005(h)(4)(C) “Service address” means the address that the provider has identified to the department in its application for enrollment as the address at which the provider will provide services to program beneficiaries.
(j)CA Welfare & Institutions Code § 24005(j) Subject to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the department may enter into contracts to secure consultant services or information technology including, but not limited to, software, data, or analytical techniques or methodologies for the purpose of fraud or abuse detection and prevention. Contracts under this section shall be exempt from the Public Contract Code.
(k)CA Welfare & Institutions Code § 24005(k) Enrolled providers shall attend specific orientation approved by the department in comprehensive family planning services. Enrolled providers who insert IUDs or contraceptive implants shall have received prior clinical training specific to these procedures.
(l)CA Welfare & Institutions Code § 24005(l) Upon receipt of reliable evidence that would be admissible under the administrative adjudication provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, of fraud or willful misrepresentation by a provider under the program or commencement of a suspension under Section 14123, the department may do any of the following:
(1)CA Welfare & Institutions Code § 24005(l)(1) Collect any State-Only Family Planning Program or Family Planning, Access, Care, and Treatment Program overpayment identified through an audit or examination, or any portion thereof from any provider. Notwithstanding Section 100171 of the Health and Safety Code, a provider may appeal the collection of overpayments under this section pursuant to procedures established in Article 5.3 (commencing with Section 14170) of Chapter 7 of Part 3 of Division 9. Overpayments collected under this section shall not be returned to the provider during the pendency of any appeal and may be offset to satisfy audit or appeal findings, if the findings are against the provider. Overpayments shall be returned to a provider with interest if findings are in favor of the provider.
(2)CA Welfare & Institutions Code § 24005(l)(2) Withhold payment for any goods or services, or any portion thereof, from any State-Only Family Planning Program or Family Planning, Access, Care, and Treatment Program provider. The department shall notify the provider within five days of any withholding of payment under this section. The notice shall do all of the following:
(A)CA Welfare & Institutions Code § 24005(l)(2)(A) State that payments are being withheld in accordance with this paragraph and that the withholding is for a temporary period and will not continue after it is determined that the evidence of fraud or willful misrepresentation is insufficient or when legal proceedings relating to the alleged fraud or willful misrepresentation are completed.
(B)CA Welfare & Institutions Code § 24005(l)(2)(B) Cite the circumstances under which the withholding of the payments will be terminated.
(C)CA Welfare & Institutions Code § 24005(l)(2)(C) Specify, when appropriate, the type or types of claimed payments being withheld.
(D)CA Welfare & Institutions Code § 24005(l)(2)(D) Inform the provider of the right to submit written evidence that is evidence that would be admissible under the administrative adjudication provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, for consideration by the department.
(3)CA Welfare & Institutions Code § 24005(l)(3) Notwithstanding Section 100171 of the Health and Safety Code, a provider may appeal a withholding of payment under this section pursuant to Section 14043.65. Payments withheld under this section shall not be returned to the provider during the pendency of any appeal and may be offset to satisfy audit or appeal findings.
(m)CA Welfare & Institutions Code § 24005(m) As used in this section:
(1)CA Welfare & Institutions Code § 24005(m)(1) “Abuse” means either of the following:
(A)CA Welfare & Institutions Code § 24005(m)(1)(A) Practices that are inconsistent with sound fiscal or business practices and result in unnecessary cost to the Medicaid program, the Medicare Program, the Medi-Cal program, including the Family Planning, Access, Care, and Treatment Program, identified in subdivision (aa) of Section 14132, another state’s Medicaid program, or the State-Only Family Planning Program, or other health care programs operated, or financed in whole or in part, by the federal government or any state or local agency in this state or any other state.
(B)CA Welfare & Institutions Code § 24005(m)(1)(B) Practices that are inconsistent with sound medical practices and result in reimbursement, by any of the programs referred to in subparagraph (A) or other health care programs operated, or financed in whole or in part, by the federal government or any state or local agency in this state or any other state, for services that are unnecessary or for substandard items or services that fail to meet professionally recognized standards for health care.
(2)CA Welfare & Institutions Code § 24005(m)(2) “Fraud” means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to themselves or some other person. It includes any act that constitutes fraud under applicable federal or state law.
(3)CA Welfare & Institutions Code § 24005(m)(3) “Provider” means any individual, partnership, group, association, corporation, institution, or other entity, and the officers, directors, owners, managing employees, or agents of any partnership, group, association, corporation, institution, or other entity, that provides services, goods, supplies, or merchandise, directly or indirectly, to a beneficiary and has been enrolled in the program.
(4)CA Welfare & Institutions Code § 24005(m)(4) “Convicted” means any of the following:
(A)CA Welfare & Institutions Code § 24005(m)(4)(A) A judgment of conviction has been entered against an individual or entity by a federal, state, or local court, regardless of whether there is a post-trial motion or an appeal pending or the judgment of conviction or other record relating to the criminal conduct has been expunged or otherwise removed.
(B)CA Welfare & Institutions Code § 24005(m)(4)(B) A federal, state, or local court has made a finding of guilt against an individual or entity.
(C)CA Welfare & Institutions Code § 24005(m)(4)(C) A federal, state, or local court has accepted a plea of guilty or nolo contendere by an individual or entity.
(D)CA Welfare & Institutions Code § 24005(m)(4)(D) An individual or entity has entered into participation in a first offender, deferred adjudication, or other program or arrangement in which judgment of conviction has been withheld.
(5)CA Welfare & Institutions Code § 24005(m)(5) “Professionally recognized standards of health care” means statewide or national standards of care, whether in writing or not, that professional peers of the individual or entity whose provision of care is an issue, recognize as applying to those peers practicing or providing care within a state. When the United States Department of Health and Human Services has declared a treatment modality not to be safe and effective, practitioners that employ that treatment modality shall be deemed not to meet professionally recognized standards of health care. This definition shall not be construed to mean that all other treatments meet professionally recognized standards of care.
(6)CA Welfare & Institutions Code § 24005(m)(6) “Unnecessary or substandard items or services” means those that are either of the following:
(A)CA Welfare & Institutions Code § 24005(m)(6)(A) Substantially in excess of the provider’s usual charges or costs for the items or services.
(B)CA Welfare & Institutions Code § 24005(m)(6)(B) Furnished, or caused to be furnished, to patients, whether or not covered by Medicare, Medicaid, or any of the state health care programs to which the definitions of applicant and provider apply, and which are substantially in excess of the patient’s needs, or of a quality that fails to meet professionally recognized standards of health care. The department’s determination that the items or services furnished were excessive or of unacceptable quality shall be made on the basis of information, including sanction reports, from the following sources:
(i)CA Welfare & Institutions Code § 24005(m)(6)(B)(i) The professional review organization for the area served by the individual or entity.
(ii)CA Welfare & Institutions Code § 24005(m)(6)(B)(ii) State or local licensing or certification authorities.
(iii)CA Welfare & Institutions Code § 24005(m)(6)(B)(iii) Fiscal agents or contractors, or private insurance companies.
(iv)CA Welfare & Institutions Code § 24005(m)(6)(B)(iv) State or local professional societies.
(v)CA Welfare & Institutions Code § 24005(m)(6)(B)(v) Any other sources deemed appropriate by the department.
(7)CA Welfare & Institutions Code § 24005(m)(7) “Enrolled or enrollment in the program” means authorized under any and all processes by the department or its agents or contractors to receive, directly or indirectly, reimbursement for the provision of services, goods, supplies, or merchandise to a program beneficiary.
(n)CA Welfare & Institutions Code § 24005(n) In lieu of, or in addition to, the imposition of any other sanctions available, including the imposition of a civil penalty under Section 14123.2 or 14171.6, the program may impose on providers any or all of the penalties pursuant to Section 14123.25, in accordance with the provisions of that section. In addition, program providers shall be subject to the penalties contained in Section 14107.
(o)Copy CA Welfare & Institutions Code § 24005(o)
(1)Copy CA Welfare & Institutions Code § 24005(o)(1) Notwithstanding any other law, every primary supplier of pharmaceuticals, medical equipment, or supplies shall maintain accounting records to demonstrate the manufacture, assembly, purchase, or acquisition and subsequent sale, of any pharmaceuticals, medical equipment, or supplies, to providers. Accounting records shall include, but not be limited to, inventory records, general ledgers, financial statements, purchase and sales journals, and invoices, prescription records, bills of lading, and delivery records.
(2)CA Welfare & Institutions Code § 24005(o)(2) For purposes of this subdivision, the term “primary supplier” means any manufacturer, principal labeler, assembler, wholesaler, or retailer.
(3)CA Welfare & Institutions Code § 24005(o)(3) Accounting records maintained pursuant to paragraph (1) are subject to audit or examination by the department or its agents. The audit or examination may include, but is not limited to, verification of what was claimed by the provider. These accounting records shall be maintained for three years from the date of sale or the date of service.
(p)CA Welfare & Institutions Code § 24005(p) Each provider of health care services rendered to any program beneficiary shall keep and maintain records of each service rendered, the beneficiary to whom rendered, the date, and any additional information that the department may by regulation require. Records required to be kept and maintained pursuant to this subdivision shall be retained by the provider for a period of three years from the date the service was rendered.
(q)CA Welfare & Institutions Code § 24005(q) A program provider applicant or a program provider shall furnish information or copies of records and documentation requested by the department. Failure to comply with the department’s request shall be grounds for denial of the application or automatic disenrollment of the provider.
(r)CA Welfare & Institutions Code § 24005(r) A program provider may assign signature authority for transmission of claims to a billing agent subject to Sections 14040, 14040.1, and 14040.5.
(s)CA Welfare & Institutions Code § 24005(s) Moneys payable or rights existing under this division shall be subject to any claim, lien, or offset of the State of California, and any claim of the United States of America made pursuant to federal statute, but shall not otherwise be subject to enforcement of a money judgment or other legal process, and no transfer or assignment, at law or in equity, of any right of a provider of health care to any payment shall be enforceable against the state, a fiscal intermediary, or carrier.
(t)Copy CA Welfare & Institutions Code § 24005(t)
(1)Copy CA Welfare & Institutions Code § 24005(t)(1) Notwithstanding any other law, within 30 calendar days of receiving a complete application for enrollment into the Family PACT Program from an affiliate primary care clinic licensed under Section 1218.1 of the Health and Safety Code, the department shall do one of the following:
(A)CA Welfare & Institutions Code § 24005(t)(1)(A) Approve the provider’s Family PACT Program application, provided the applicant meets the Family PACT Program provider enrollment requirements set forth in this section.
(B)CA Welfare & Institutions Code § 24005(t)(1)(B) If the provider is an enrolled Medi-Cal provider in good standing, notify the applicant in writing of any discrepancies in the Family PACT Program enrollment application. The applicant shall have 30 days from the date of written notice to correct any identified discrepancies. Upon receipt of all requested corrections, the department shall approve the application within 30 calendar days.
(C)CA Welfare & Institutions Code § 24005(t)(1)(C) If the provider is not an enrolled Medi-Cal provider in good standing, the department shall not proceed with the actions described in this subdivision until the department receives confirmation of good standing and enrollment as a Medi-Cal provider.
(2)CA Welfare & Institutions Code § 24005(t)(2) The effective date of enrollment into the Family PACT Program shall be the later of the date the department receives confirmation of enrollment as a Medi-Cal provider, or the date the applicant meets all Family PACT Program provider enrollment requirements set forth in this section.
(u)CA Welfare & Institutions Code § 24005(u) Providers, or the enrolling entity, shall make available to all applicants and beneficiaries prior to, or concurrent with, enrollment, information on the manner in which to apply for insurance affordability programs, in a manner determined by the State Department of Health Care Services. The information provided shall include the manner in which applications can be submitted for insurance affordability programs, information about the open enrollment periods for the California Health Benefit Exchange, and the continuous enrollment aspect of the Medi-Cal program.

Section § 24006

Explanation

This law outlines rules for the Family PACT Program, which provides family planning services. It specifies that a site certifier must be a clinician who oversees Family PACT services at a clinic. A clinic corporation can have up to 10 service locations under one site certifier. Required training for site certifiers must be available every two months, conducted virtually, and updated yearly. Key terms defined include 'affiliate primary care clinic', 'primary care clinic', 'service address', and 'site certifier'. The site certifier is responsible for ensuring all personnel complete mandatory training.

(a)CA Welfare & Institutions Code § 24006(a) This section applies to the Family Planning, Access, Care, and Treatment (Family PACT) Program identified in subdivision (aa) of Section 14132.
(b)CA Welfare & Institutions Code § 24006(b) A site certifier shall be a clinician employed by, or contracted with, the primary care clinic or the affiliate primary care clinic and who oversees the provision of Family PACT services at the clinic.
(c)CA Welfare & Institutions Code § 24006(c) A clinic corporation that operates a primary care clinic and that serves as a parent clinic, as described in Section 1218.1 of the Health and Safety Code, and one or more of its affiliate primary care clinics may enroll multiple, but no more than 10, service addresses under one site certifier.
(d)CA Welfare & Institutions Code § 24006(d) Any orientation or training that the department requires of a site certifier shall comply with each of the following:
(1)CA Welfare & Institutions Code § 24006(d)(1) Is offered at least once every other month.
(2)CA Welfare & Institutions Code § 24006(d)(2) Is offered through a virtual platform.
(3)CA Welfare & Institutions Code § 24006(d)(3) Is updated at least annually to be consistent with current laws, policies, and medical standards.
(e)CA Welfare & Institutions Code § 24006(e) As used in this section, the following terms have the following meanings:
(1)CA Welfare & Institutions Code § 24006(e)(1) “Affiliate primary care clinic” has the same meaning as set forth in Section 1218.1 of the Health and Safety Code.
(2)CA Welfare & Institutions Code § 24006(e)(2) “Primary care clinic” has the same meaning as set forth in subdivision (a) of Section 1204 of the Health and Safety Code.
(3)CA Welfare & Institutions Code § 24006(e)(3) “Service address” has the same meaning as set forth in Section 24005.
(4)CA Welfare & Institutions Code § 24006(e)(4) “Site certifier” means an individual identified by the enrolled or enrolling provider to be responsible for ensuring that all practitioners and personnel providing services on behalf of the Family PACT Program complete and track required trainings approved by the Office of Family Planning within the department on an annual basis.

Section § 24007

Explanation

This section outlines the benefits provided under a specific program, focusing primarily on family planning and reproductive health services. The program includes services like family planning consultations, male and female sterilization, and all FDA-approved contraceptive methods. It also covers comprehensive health education, counseling tailored to cultural and linguistic needs, and comprehensive health history updates.

Additionally, it provides home test kits for sexually transmitted infections which are deemed necessary by a clinician. Such services are reimbursable when the appropriate coding is used and when there is federal financial support.

The benefits under this program become effective 30 days after informing providers, but not before January 1997.

(a)CA Welfare & Institutions Code § 24007(a) The department shall determine the scope of benefits for the program, which shall include, but is not limited to, the following:
(1)CA Welfare & Institutions Code § 24007(a)(1) Family planning related services and male and female sterilization. Family planning services for men and women include emergency and complication services directly related to the contraceptive method and followup, consultation, and referral services, as indicated, that may require treatment authorization requests.
(2)CA Welfare & Institutions Code § 24007(a)(2) All United States Department of Health and Human Services, Federal Drug Administration-approved birth control methods, devices, and supplies that are in keeping with current standards of practice and from which the individual may choose.
(3)CA Welfare & Institutions Code § 24007(a)(3) Culturally and linguistically appropriate health education and counseling services, including informed consent; psychosocial and medical aspects of contraception, sexuality, fertility, pregnancy, and parenthood; infertility; reproductive health care; preconceptual and nutrition counseling; prevention and treatment of sexually transmitted infection; use of contraceptive methods, devices, and supplies; possible contraceptive consequences and followup; interpersonal communication and negotiation of relationships to assist individuals and couples in effective contraceptive method use and planning families.
(4)CA Welfare & Institutions Code § 24007(a)(4) A comprehensive health history, updated at the next periodic visit (between 11 and 24 months after initial examination) that includes a complete obstetrical history, gynecological history, contraceptive history, personal medical history, health risk factors, and family health history, including genetic or hereditary conditions.
(5)CA Welfare & Institutions Code § 24007(a)(5) A complete physical examination on initial and subsequent periodic visits.
(6)Copy CA Welfare & Institutions Code § 24007(a)(6)
(A)Copy CA Welfare & Institutions Code § 24007(a)(6)(A) Home test kits for sexually transmitted diseases, including any laboratory costs of processing the kit, that are deemed medically necessary or appropriate and ordered directly by an enrolled Family PACT clinician or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs.
(B)CA Welfare & Institutions Code § 24007(a)(6)(A)(B) For purposes of this paragraph, “home test kit” means a product used for a test recommended by the federal Centers for Disease Control and Prevention guidelines or the United States Preventive Services Task Force that has been CLIA-waived, FDA-cleared or -approved, or developed by a laboratory in accordance with established regulations and quality standards, to allow individuals to self-collect specimens for STDs, including HIV, remotely at a location outside of a clinical setting.
(C)CA Welfare & Institutions Code § 24007(a)(6)(A)(C) Reimbursement under this subparagraph shall be contingent upon the addition of codes specific to home test kits in the Current Procedural Terminology or Healthcare Common Procedure Coding System to comply with Health Insurance Portability and Accountability Act requirements. The home test kit shall be sent by the enrolled Family PACT provider to a Medi-Cal-enrolled laboratory with fee based on Medicare Clinical Diagnostic Laboratory Tests Payment System Final Rule.
(D)CA Welfare & Institutions Code § 24007(a)(6)(A)(D) This paragraph shall be implemented only to the extent that federal financial participation is available and not otherwise jeopardized, and any necessary federal approvals have been obtained.
(b)CA Welfare & Institutions Code § 24007(b) Benefits under this program shall be effective in 30 days after notice to providers, but not sooner than January 1, 1997.

Section § 24007.5

Explanation

This law mandates that the list of approved items for the program must contain all FDA-approved contraceptive methods that are also covered by Medi-Cal.

The program formulary shall include all federal Food and Drug Administration approved contraceptive drugs, devices, and supplies that are authorized by the Medi-Cal program.

Section § 24009

Explanation

This law ensures that family planning services remain private. Any personal details shared with service providers are confidential and cannot be shared without your written permission. Exceptions include situations where the law demands it, when emergency services need to be provided, or certain program administration activities by the department. Information can be released in a way that doesn't reveal anyone's identity, like in statistics.

Family planning services are confidential. All information about personal facts and circumstances obtained by the provider shall be treated as privileged communications, shall be held confidential, and shall not be divulged without the individual’s written consent, except as required by law or as may be necessary to provide emergency services to the individual or as required by the department to administer this program. Information may be disclosed in summary, statistical, or other form that does not identify particular individuals.

Section § 24011

Explanation

This law outlines how providers should submit claims for reimbursement for state-only family planning services in California. Providers need to use the department's specified forms and will be paid according to the department's established rates. The department will utilize existing contracts for processing these claims to save costs and be efficient.

For prescriptions and related services like labs and drugs, the department will decide on the reimbursement method, and eligible individuals can't be charged for these services. Also, if there are complications from methods requiring special treatment, these will be reimbursed no matter the category of medical service.

(a)CA Welfare & Institutions Code § 24011(a) Providers shall submit claims for reimbursement for services provided on or after January 1, 1997, or receipt of notice from the department, whichever is later, and covered by this program, to the fiscal intermediary of the department for payment. Charges and individual information shall be submitted on the form or in the format specified by the department for the state-only family planning program, and providers shall be reimbursed at the rates established for those services by the department.
(b)CA Welfare & Institutions Code § 24011(b) The department shall use existing contractual claims processing services in order to promote efficiency and to maximize use of funds.
(c)CA Welfare & Institutions Code § 24011(c) Claims for state-only family planning services provided through prescription, including laboratory and pharmaceutical, shall be reimbursed in a manner determined by the department. Eligible individuals shall not be charged for any state-only family planning laboratory or pharmaceutical services.
(d)CA Welfare & Institutions Code § 24011(d) Claims for method-related complications requiring approved treatment authorization requests shall be reimbursed regardless of category of medical service.

Section § 24013

Explanation

This law allows the department to set up any needed procedures to handle complaints or grievances about how claims or payments are processed. If a service provider feels they're owed money under this division, they can make a complaint.

People applying for or receiving services from the state-only family planning program can request a hearing about their eligibility or the services they receive. An administrative law judge will make a proposed decision, but the final decision is made by the State Director of Health Services. However, individuals cannot challenge changes to the eligibility rules or benefits of the family planning program.

(a)CA Welfare & Institutions Code § 24013(a) Notwithstanding any other provision of law, the department may adopt any procedures as are necessary for the review of a grievance or complaint concerning the processing of claims or payment of moneys alleged by a provider of services to be payable by reason of any of the provisions of this division.
(b)CA Welfare & Institutions Code § 24013(b) Any applicant for, or recipient of, services under the state-only family planning program shall have a right to a hearing conducted by the department regarding the person’s eligibility or receipt of services. A proposed decision from the administrative law judge shall be submitted to the State Director of Health Services for adoption, modification, or rehearing. The decision of the director shall be final. A person shall not have a right to contest changes made to the eligibility standards or benefits of the state-only family planning program.

Section § 24015

Explanation

This law allows a department to make emergency rules quickly to manage this chapter effectively. These rules are considered urgent and important for protecting public well-being. However, any adopted emergency rules can only be in effect for up to 180 days.

The department may adopt emergency regulations as necessary to implement and administer this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations following January 1, 1997, shall be deemed to be an emergency and necessary for immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this act shall remain in effect no more than 180 days.

Section § 24017

Explanation

This law states that a specific program does not have to follow certain rules from two chapters of California's government and public contract regulations when it comes to using services that handle processing claims contracts.

The program shall be exempt from the requirements of Chapter 7 (commencing with Section 11700) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 3 (commencing with Section 12100) of Division 2 of Part 2 of the Public Contract Code as those requirements apply to the use of contractual claims processing services by the department.

Section § 24021

Explanation

This law requires the department to evaluate how well the program is working, including how it expands access and reduces unintended pregnancies, and report the findings to the Legislature by January 1, 2000. They can use local assistance funds designated for the State-Only Family Planning Program to conduct this evaluation.

The department shall conduct an evaluation of the effectiveness and efficiency of the program, including expanded access and reduction of unintended pregnancies, and shall report to the Legislature by no later than January 1, 2000. The department may use local assistance funds allocated to the State-Only Family Planning Program for the evaluation of the program.

Section § 24023

Explanation

This law states that the California State Department of Health Services should not run any other general statewide family planning programs as of March 1, 1997, because the State-Only Family Planning Program is taking their place. However, if the new program isn't ready by that date, the Director can continue the existing program for up to 120 days to ensure services continue. Any extension must be reported to key legislative budget and appropriations committees.

It is the intent of the Legislature that the State Department of Health Services shall, effective March 1, 1997, conduct no other general statewide program for the provision of comprehensive clinical family planning services as referenced in Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9, while the State-Only Family Planning Program authorized by this division is in effect. For the purpose of avoiding a disruption of services, to the extent the implementation of the State-Only Family Planning Program does not occur on or before March 1, 1997, the Director of Health Services may extend the general statewide program for the provision of comprehensive clinical family planning services as referenced in Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9. This extension shall be made only upon notification to the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations and under no condition shall extend beyond 120 days.

Section § 24027

Explanation

This law keeps in place a program that offers complete family planning services to those who can't get these services under certain other state programs. It's for people who don't qualify for the Family PACT program or can't get services without extra costs.

The State-Only Family Planning Program established under this division is hereby reenacted and continued in existence in order to continue to provide comprehensive, clinical family planning services to those persons who are not eligible to receive these services under the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program established pursuant to subdivision (aa) of Section 14132, and to those persons who are not eligible to receive family planning services pursuant to subdivision (n) of Section 14132 without a share of cost.