Today's Law As Amended


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AB-10 Prison health care: overpayments.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 5023.7 is added to the Penal Code, to read:

5023.7.
 (a) Notwithstanding any other provision of law, moneys recovered prior to July 1, 2011, from an overpayment of a medical contract expenditure, under the authority of the federal health care receiver, that would otherwise be credited to the fiscal year in which the expenditure was drawn, shall be augmented to the appropriation for the 2010–11 fiscal year, upon approval of the Department of Finance.
(b) Notwithstanding subdivision (a), moneys recovered on or after July 1, 2011, from an overpayment of a medical contract expenditure, under the authority of the federal health care receiver, that would otherwise be credited to the fiscal year in which the expenditure was drawn shall be immediately augmented to the appropriation for the fiscal year in which the overpayment is received, upon approval of the Department of Finance.
(c) The Secretary of the Department of Corrections and Rehabilitation may adopt regulations to implement this section. During the existence of the receivership established in United States District Court for the Northern District of California, Case No. C01-1351 TEH, Plata v. Schwarzenegger, the adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 2.
 This act addresses the fiscal emergency declared by the Governor by proclamation on December 6, 2010, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to make the necessary statutory changes to implement provisions for the immediate augmenting of overpaid funds, it is necessary for this act to take effect immediately.