3700.2.
(a) (1) “Agricultural employer” means an agricultural employer as defined by subdivision (c) of Section 1140.4.(2) “Agricultural worker” means the employee of an agricultural employer.
(3) “Pilot program” means the Care of Agricultural Workers program established by subdivision (b).
(b) A pilot program is hereby authorized, for a duration of up to 36 months, under regulations to be developed and implemented by the administrative director. The purpose of the pilot project is to authorize the administrative director to contract with a licensed health care service plan to be the exclusive provider
of medical, surgical, and hospital treatment for occupational and nonoccupational injuries and illnesses incurred by agricultural workers. The health care service plan shall provide all occupationally related medical treatment coverage required by this division without any payment by the agricultural workers of deductibles, copayments, or any share of the premium. Employers participating in the pilot program shall make available health plan coverage for their employees’ dependents for the treatment of nonindustrial injuries and illnesses.
(c) The Care of Agricultural Workers Fund is hereby created. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the administrative director to carry out this pilot program.
(d) (1) The administrative director shall determine the amount to be deposited into the Care of
Agricultural Workers Fund by determining all of the following:
(A) The approximate total premiums paid by agricultural employers for all workers’ compensation insurance for the 2011–12, 2012–13, 2013–14 fiscal years.
(B) The amount paid for workers’ compensation medical expenses for agricultural workers for the previous three years for the 2011–12, 2012–13, 2013–14 fiscal years.
(2) The administrative director shall allocate portions of the amount described in subparagraph (B) of paragraph (1) to each agricultural employer based on factors that fairly reflect the agricultural employer’s number of agricultural workers. The agricultural employer shall deposit that amount into the Care of Agricultural Workers Fund.
(e) (1) The
administrative director shall use moneys in the Care of Agricultural Workers Fund to contract with one licensed health care service plan to be the exclusive provider of medical, surgical, and hospital treatment for occupational and nonoccupational injuries and illnesses incurred by its agricultural workers. The health care service plan shall provide all occupational-related medical treatment coverage required by this division without any payment by the employees of deductibles, copayments, or any share of the premium. Agricultural employers shall make available health plan coverage for their employees’ dependents for the treatment of nonindustrial injuries and illnesses. This section does not require an employer to pay for that dependent coverage.
(2) The medical care provided shall meet the essential health benefits as described by Article 5 (commencing with Section 1367), of Chapter 2.2 of Division 2 of the Health and Safety Code. The
administrative director shall monitor the fund on a continuous basis. If the level of moneys in the fund becomes insufficient to support the pilot program, the administrative director shall determine the amount of money necessary to continue the program and shall allocate that amount among agricultural employers pursuant to paragraph (2) of subdivision (d).
(f) This section does not exempt an employer from providing nonmedical workers’ compensation benefits.
(g) (1) The administrative director shall, at the completion of the second year of the pilot project, and at the completion of the program, prepare a report to be submitted to the Legislature.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government
Code.