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AB-775 Personal services contracts: state employees: physician registry for state hospitals.(2023-2024)

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Date Published: 02/13/2023 09:00 PM
AB775:v99#DOCUMENT

Revised  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 775


Introduced by Assembly Member Arambula
(Coauthor: Assembly Member Schiavo)

February 13, 2023


An act to add and repeal Section 19130.5 of the Government Code, relating to state employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 775, as introduced, Arambula. Personal services contracts: state employees: physician registry for state hospitals.
Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the state government.
Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency, and provides the department with jurisdiction over specified facilities for the care and treatment of persons with mental health disorders, including the Patton State Hospital.
This bill would require the State Department of State Hospitals to establish, by January 1, 2025, a physician registry for the Patton State Hospital to be composed of members of State Bargaining Unit 16, under a 3-year pilot program. The bill would require the department to conduct and post on its internet website a semiannual survey of managers and employees to determine the efficacy of the registry. By January 10, 2026, and each year thereafter for the duration of the pilot program, the bill would require the department to submit a report to the Legislature that includes a study of the effectiveness of the registry to determine if the registry compensation rates were successful in addressing the operational needs for flexible services at a lower cost than contract registries. The bill would make the implementation of its provisions contingent upon an appropriation by the Legislature in the annual Budget Act or other statute, and would repeal its provisions on January 1, 2029.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19130.5 is added to the Government Code, to read:

19130.5.
 (a) (1) Notwithstanding subdivision (a) or (b) of Section 19130, by January 1, 2025, the State Department of State Hospitals shall establish a physician registry for the Patton State Hospital under a three-year pilot program. The physician registry shall be maintained by the department and composed of members of State Bargaining Unit 16 - Physicians, Dentists, and Podiatrists (BU 16), who may elect to join the registry.
(2) A physician who joins the registry and works additional hours as a result of being on the registry shall be compensated for the additional hours, as determined by the department in a manner necessary to attract employee participation in the registry.
(b) (1) The department shall conduct a semiannual survey of managers and employees to determine the efficacy of the registry. A major factor in the surveys will be whether the registry provides cost savings to the state. The survey shall be jointly developed between the department and BU 16. The department shall post the survey results on its internet website.
(2) By January 10, 2026, and each year thereafter for the duration of the pilot program, the department shall submit a report to the Legislature that includes a study of the effectiveness of the registry to determine if the registry compensation rates were successful in addressing the operational needs for flexible services at a lower cost than contract registries.
(3) The final report submitted by the department at the end of the pilot shall include recommendations on whether the registry should be expanded to all state hospitals under its jurisdiction.
(4) A report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(c) This section shall be implemented only if an appropriation for this express purpose is made by the Legislature in the annual Budget Act or other statute. The department shall make a budget request for the funds necessary to establish and maintain the registry for the duration of the pilot program.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

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REVISIONS:
Heading—Line 2.
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