HomeMy WebLinkAboutMINUTES - 03021999 - C35 e
TO; BOARD OF SUPERVISORS ,�.... ._. .., Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR � �� Costa
f County
DATE: February 24, 1999
SUBJECT: LEGISLATION: AB 496 (LEACH)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION*
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 495 by
Assemblywoman Lynne Leach which would protect the confidentiality of contract
negotiations with health care providers.
BACKGROUND:
The Board's 1999 Legislative Program contains a provision that the Board will
"SPONSOR legislation that would allow the CCHP to keep their contract rates with
providers confidential, similar to what other Local Initiatives have accomplished."
Assemblywoman Lynne Leach has agreed to author this legislation for the Board
and has introduced AB 495 for this purpose,
The other Local Initiatives have special legislation allowing their services to be
provided through a health authority or other special jurisdiction. In the legislation,
the Local Initiative provides for special confidentiality provisions which cover their
contract negotiations with health care providers. This is essential because the
health plan is no longer in a competitive position if all of the health care providers
know what level of payment has been approved for other providers. The Contra
Costa Health Plan is apparently unique in this respect because it is operated directly
by the County and governed by the Board of Supervisors without the use of a health
authority. This inability to keep its contract negotiations with other health providers
confidential has no doubt cost the CCHP money.
CONTINUED ON ATTACHMENT: -YES SIG '41
v PECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGP1ATURE S:
ACTION OF BOARD ON lftch 2, 1999 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_XX_ (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN; OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED - March 2 , 1999
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc SUPERVISORS AND CIDUINTY ADMINISTRATOR
}
BY wt DEPUTY
AB 495 would provide this same level of confidentiality to the records of a health
care service plan governed by a county board of supervisors.
Since AB 496 is consistent with the Board's adopted 1999 Legislative Program, it
would be appropriate for the Board to acknowledge that it is the sponsor of AB 496.
cc: County Administrator
Health Services Director
Executive Director, CCHP
County Counsel
Assemblywoman Lynne Leach
Room 4015 State Capitol
Sacramento„ CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 109
Sacramento, CA 95814
-2-
CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 496
Introduced by Assembly Member Leach
February 18, 1999
An act to amend Section 54957.5 of, and to add Sections
6254.22 and 54956.87 to, the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 496, as introduced, Leach. Public records: health care
service plans.
(1) tinder the California Public Records Act, certain public
records are required to be made available for public
inspection.
This bill would exempt from public disclosure the records
of a health care service plan governed by a county board of
supervisors that relate to rate or payment determination,
allocation or distribution methodologies, formulae or
calculations, or contract negotiations with health care
providers for alternative rates.
(2) Existing law, the Ralph M. Brawn Act, relating to open
meetings of legislative bodies of local agencies, provides that
any writings distributed to all or a majority of the members of
a legislative body in connection with a matter subject to
discussion or consideration at a public meeting are disclosable
public records under the California Public Records Act unless
specifically exempted.
The bill would provide that the transmission of specified
health care service plan information or records to the board
99
AB 496 —2—
of
--.2—
of supervisors does not constitute a waiver of exemption from
disclosure.
(3) The Ralph M. Brown Act requires that the meetings of
the legislative body of a local agency be conducted openly,
with specified exceptions.
This bill would provide that a county board of supervisors
as the governing body of a health plan may hold a closed
session solely for discussion or taping action on health plan
trade secrets.
Vote: majority. Appropriation: no. Fiscal committee: no.
.State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 6254.22 is added to the
2 Government Code, to read:
3 6254.22. Nothing in this chapter or any other
4 provision of law shall require the disclosure of records of
5 a health plan that is licensed pursuant to the Knox-Keene
6 Health Care Service Plan Act of 1975 (Chapter 2.2
7 (commencing with Section 1340 of Division 2 of the
8 Health and Safety Code) and that is governed by a county
9 board of supervisors, whether paper records, .records
10 maintained in the management information system, or
11 records in any other form, that relate to rate or payment,
12 including records relating to rate or payment
13 determination, allocation or distribution methodologies,
14 formulae or calculations, and records of the health plan
15 that relate to contract negotiations with providers of
16 health care for alternative rates. The transmission of the
17 records, or the information contained therein in an
18 alternative form, to the board of supervisors shall not
19 constitute a waiver of exemption from disclosure, and the
20 records and information once transmitted to the board of
21 supervisors shall be subject to this same exemption.
22 SEC. 2. Section 54956.87 is added to the Government
23 Code, to read:
24 54956.87. (a) Notwithstanding any other provision of
25 this chapter, the records of a health plan that is licensed
26 pursuant to the Knox-Keene Health Care Service Plan
99
-3— AB 496
1 Act of 1975 (Chapter 2.2 (commencing with Section
2 1340) of Division 2 of the Health and Safety Code) and
3 that is governed by a county board of supervisors,
4 whether paper records, records maintained in the
5 management information system, or records in any other
form, that relate to rate or payment, including records
7 relating to rate or payment determination, allocation or
8 distribution methodologies, formulae or calculations, and
9 records of the health plan that relate to contract
10 negotiations with providers of health care for alternative
11 rates are exempt from disclosure. The transmission of the
12 records, or the information contained therein in an
13 alternative form., to the board of supervisors shall not
14 constitute a waiver of exemption from disclosure, and the
15 records and information once transmitted to the board of
16 supervisors shall be subject to this same exemption.
17 (b) Notwithstanding any other provision of law, the
18 governing board of a health plan that is licensed pursuant
19 to the Knox-.'Keene Health Care Service Plan Act of 1975
20 (Chapter 2.2 (commencing with Section 1340) of
21 Division 2 of the Health and Safety Code) and that is
22 governed by a county board of supervisors may order that
23 a meeting held solely for the purpose of discussion or
24 taking action on health plan trade secrets, as defined in
25 subdivision (c) of Section 32106 of the Health and Safety
26 Code, shall be held in closed session. The requirements of
27 making a public report of action taken in closed session,
28 and the vote or abstention of every member present, may
29 be limited to a brief general description without the
30 information constituting the trade secret.
31 (c) The governing board may delete the portion or
32 portions containing trade secrets from any documents
33 that were finally approved in the closed session held
34 pursuant to subdivision (b) that are provided to persons
35 who have made the timely or standing request.
36 (d) Nothing in this section shall be construed as
37 preventing the governing board from meeting in closed
38 session as otherwise provided by law.
39 SEC. 3. Section 54957.5 of the Government Code is
40 amended to read:
99
AB 496 —4-
1
4a.-
1 54957.5. (a) Notwithstanding Section 6255 or any
2 other provisions of law, agendas of public meetings and
3 any ether writings, when distributed to all, or a majority
4 of all, of the members of a legislative body of a local
5 agency by any person in connection with a matter subject
6 to discussion or consideration at a public meeting of the
7 body, are disclosable public records under the California
8 Public Records Act (Chapter 3.5 (commencing with
9 Section 6250) of Division 7 of Title 1), and shall be made
10 available upon request without delay. However, this
11 section shall not include any writing exempt from public
12 disclosure under Section 6253.5, 6254,or 6254.7, or 6254.22.
13 (b) Writings that are public records under subdivision
14 (a) and that are distributed during a public meeting shall
15 be made available for public inspection at the meeting if
16 prepared by the local agency or a member of its
17 legislative body, or after the meeting if prepared by some
18 other person.
19 (c) 'Nothing in this chapter shall be construed to
20 prevent the legislative body of a local agency from
21 charging a fee or deposit for a copy of a public record
22 pursuant to Section 6257.
23 (d) This section shall not be construed to limit or delay
24 the public's right to inspect or obtain a copy of any record
25 required to be disclosed under the requirements of the
26 California Public Records Act (Chapter 3.5
27 (commencing with Section 6250) of Division 7 of Title 1).
28 Nothing in this chapter shall be construed to require a
29 legislative body of a local agency to place any paid
30 advertisement or any other paid notice in any
31 publication.
0
99