INSURANCE CODE
SECTION 12696-12696.20
12696. The board shall administer the program.
12696.05. The board may do all of the following:
(a) Determine eligibility criteria for the program. These criteria
shall include the requirements set forth in Section 12698.
(b) Determine the eligibility of applicants.
(c) Determine when subscribers are covered and the extent and
scope of coverage.
(d) Determine subscriber contribution amounts schedules.
(1) Subscriber contribution amounts for care provided to the
subscriber shall be indexed to the federal poverty level and shall
not exceed 2 percent of a subscriber's annual gross family income.
(2) In addition to any other subscriber contribution specified in
this subdivision, for subscribers enrolled on or after July 1, 2007,
the board may also assess an additional subscriber contribution to
cover the AIM-linked infant enrolled in the Healthy Families Program
pursuant to clause (ii) of subparagraph (A) of paragraph (6) of
subdivision (a) of Section 12693.70 for two months, using all
applicable discounts pursuant to Section 12693.43.
(3) The board shall determine the manner in which the subscriber
contributions are to be applied, including the order in which they
are applied.
(e) Provide coverage through participating health plans or through
coordination with other state programs, including, but not limited
to, through interagency agreements with the State Department of
Health Care Services to provide or pay for benefits to subscribers
under this part, and contract for the processing of applications and
the enrollment of subscribers. Any contract entered into pursuant to
this part shall be exempt from any provision of law relating to
competitive bidding, and shall be exempt from the review or approval
of any division of the Department of General Services. The board
shall not be required to specify the amounts encumbered for each
contract, but may allocate funds to each contract based on projected
and actual subscriber enrollments in a total amount not to exceed the
amount appropriated for the program.
(f) Authorize expenditures from the fund to pay program expenses
which exceed subscriber contributions, and to administer the program
as necessary.
(g) Develop a promotional component of the program to make
Californians aware of the program and the opportunity that it
presents.
(h) Issue rules and regulations as necessary to administer the
program.
(1) All rules and regulations issued pursuant to this subdivision
that manage program integrity, revise the benefit package, or reduce
the eligibility criteria below 300 percent of the federal poverty
level may be adopted as emergency regulations in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State.
(2) During the 2011-12, 2012-13, and 2013-14 fiscal years, the
adoption and readoption of regulations pursuant to this part shall be
deemed to be an emergency that calls for immediate action to avoid
serious harm to the public peace, health, safety, or general welfare
for purposes of Sections 11346.1 and 11349.6 of the Government Code,
and the board is hereby exempted from the requirement that the board
describe facts showing the need for immediate action and from review
by the Office of Administrative Law.
(i) Exercise all powers reasonably necessary to carry out the
powers and responsibilities expressly granted or imposed by this
part.
12696.10. The board, in coordination with the Tobacco Control
Section of the State Department of Health Services, shall develop
protocols relating to health education for tobacco use. These
protocols shall include, but not be limited to, all of the following:
(a) Referral to perinatal and related support services.
(b) Outreach services and assessment of smoking status.
(c) Individualized counseling and advocacy services.
(d) Motivational messages.
(e) Cessation services, if appropriate.
(f) Incentives to maintain a healthy lifestyle.
(g) Followup assessment.
(h) Maintenance and relapse prevention services.
12696.15. The board shall administer the program in a manner that
ensures that program expenditures do not exceed amounts available in
the fund.
12696.20. The board shall coordinate with other state agencies, as
appropriate, to help ensure continuity of health care services.
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