1341.45.
(a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund.(b) The fines and administrative penalties collected pursuant to this chapter, on and after September 30, 2008, shall be deposited into the Managed Care Administrative Fines and Penalties Fund.
(c) The fines and administrative penalties deposited into the Managed Care Administrative Fines and Penalties Fund shall be transferred by the department, beginning September 1, 2009, and annually thereafter, as follows:
(1) The first
one million dollars ($1,000,000) shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) or of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program.
(2) Beginning January 1, 2014, if the Managed Care Administrative Fines and Penalties Fund has two million dollars ($2,000,000) or more, no less than one million dollars ($1,000,000) Six
hundred thousand dollars ($600,000) shall be transferred to the Steven M. Thompson Medical School
Scholarship Account within the Health Professions Education Fund, created pursuant to Section 128580, and shall, upon appropriation by the Legislature, be used by the Office of Statewide Health Planning and Development for purposes of the Steven M. Thompson Medical School Scholarship Program for the purposes, as specified in Article 6 (commencing with Section 128560) of Chapter 5 of Part 3 of Division 107.
(3) Any amount over the amounts that are subject to transfer as
specified in paragraphs (1) and (2), including accrued interest, in the fund shall be transferred to the Major Risk Medical Insurance Fund created pursuant to Section 12739 of the Insurance Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 12739.1 of the Insurance Code.
(4)If the Managed Care Administrative Fines and Penalties Fund has a balance of less than two million dollars ($2,000,000), the first one million dollars ($1,000,000), shall be transferred pursuant to paragraph (1), and the remainder, if any, shall be transferred to the Steven M. Thompson Medical School Scholarship Account and shall, upon appropriation by the Legislature, be used for the purposes described in paragraph (2).
(d) Notwithstanding subdivision (b) of Section 1356 and Section 1356.1, the fines and administrative penalties authorized pursuant to this chapter shall not be used to reduce the assessments imposed on health care service plans pursuant to Section 1356.