Code Section Group

Health and Safety Code - HSC

DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850]

  ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. )

PART 4. PRIMARY HEALTH CARE [124400 - 124945]

  ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. )

CHAPTER 3. Health of Seasonal Agricultural and Migratory Workers [124550 - 124570]
  ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

124550.
  

The department shall maintain a program for seasonal agricultural and migratory workers and their families, consisting of all of the following:

(a)  Studies of the health and health services for seasonal agricultural and migratory workers and their families throughout the state.

(b)  Technical and financial assistance to local agencies concerned with the health of seasonal agricultural and migratory workers and their families.

(c)  Coordination with similar programs of the federal government, other states, and voluntary agencies.

(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)

124555.
  

(a)  (1)  It is the intent of the Legislature that funds distributed under this section promote stability for participating clinics, as a part of the state’s health care safety net, and at the same time be distributed in a manner that best promotes access to health care to seasonal agricultural and migratory workers and their families.

(2)  The department shall grant funds, for a minimum of three years per grant, retroactive to funds appropriated in the Budget Act of 2002 (Chapter 379 of the Statutes of 2002), to eligible, private, nonprofit, community-based primary care clinics for the purpose of establishing and maintaining a health services program for seasonal agricultural and migratory workers and their families. The department may continue to pay any grantee whose grant expired on June 30, 2003, until June 30, 2004, as if the grant had been extended, provided that funds are appropriated for this purpose in the Budget Act of 2003 and the grantee agrees in writing to expend the money as if the grant had been extended.

(b)  In order to be eligible to receive funds under this program, a clinic shall, at a minimum, meet all of the following conditions:

(1)  The clinic shall be licensed under either paragraph (1) or (2) of subdivision (a) of Section 1204.

(2)  The clinic’s patient population shall include at least 25 percent farmworkers and their dependents.

(3)  The clinic shall operate in a medically underserved area, including a Health Professional Shortage Area, or serve a medically underserved population, as designated by the United States Department of Health and Human Services, or shall be able to demonstrate that at least 50 percent of its patients are persons with incomes at or below 200 percent of the federal poverty level.

(c)  The department shall seek input from stakeholders in designing the methodology for distribution of funds under this section.

(Amended by Stats. 2003, Ch. 230, Sec. 13. Effective August 11, 2003.)

124560.
  

(a)  The Seasonal Agricultural and Migratory Workers Advisory Committee is hereby established in the State Department of Health Services.

(b)  The committee shall advise the department on the level of resources, priorities, criteria, and guidelines necessary to implement this chapter pertaining to the health of seasonal and migratory agricultural workers.

(c)  The committee shall be composed of 11 members, appointed by the Director of Health Services, who are knowledgeable concerning the health care needs of seasonal and migratory farm workers and their families. Committee members shall serve two-year terms. Two members shall be nominated by the Speaker of the Assembly, and two by the Senate Committee on Rules. The members of the committee shall be selected from the following categories of persons:

(1)  Seasonal and migratory farm workers and their families.

(2)  Health care providers from nonprofit community health centers that have a documented history of serving seasonal and migratory agricultural workers.

(3)  Health care professionals.

(4)  Private citizens with documented experience in serving the seasonal agricultural and migratory worker population.

(Added by Stats. 1998, Ch. 310, Sec. 24. Effective August 19, 1998.)

124570.
  

(a)  Notwithstanding any other provision of law, the department shall, to the extent that funds are available, provide to a grantee semiannual prospective payments during a 12-month fiscal year.

(b)  An amount equal to not more than 50 percent of the total grant shall be processed for payment to the grantee following the enactment of the annual Budget Act, and upon formal execution of the grant by the state. The processing by the department of the grantee’s first semiannual prospective payment shall also be contingent upon both of the following:

(1)  A written request for payment from the grantee.

(2)  Except as provided in this paragraph, the third quarter progress budget and expenditure report. If the grantee is currently under the first fiscal year of a three-year multiple grant, this requirement shall not apply as a condition for the grantee’s first semiannual prospective payment, unless the grantee is a continuing grantee from the prior three-year multiple year of the grant. If the grantee is currently under the second or third fiscal year of a three-year, multiple-year grant, the department’s processing of the first semiannual prospective payment for the current grant year shall be contingent upon the grantee’s timely and accurate submission, and the department’s approval of, the third quarter progress and budget expenditure report from the previous grant year.

(c)  Based upon the grantee’s timely and accurate submission of the first quarterly progress and budget expenditure report from the grant year, and satisfactory performance under the grant, the processing of a second semiannual prospective payment of not more than 40 percent of the total grant shall be processed by the department for payment to a grantee no earlier than January 1 during the term of the grant year. The processing of the grantee’s second semiannual prospective payment by the department shall be contingent upon all of the following:

(1)  A written request for payment from the grantee.

(2)  The grantee’s timely and accurate submission, and the department’s approval, of the first quarterly progress and budget expenditure report.

(3)  If the grantee is currently under the second or third fiscal year of a three-year, multiple-year grant, the grantee’s timely and accurate submission, and the department’s approval, of the fourth quarterly progress and budget expenditure report, and the annual reconciliation report, from the prior year.

(d)  An amount equal to 10 percent of the total grant award shall be retained by the department, pending satisfactory submission by the grantee of all quarterly progress and budget expenditure reports and an annual reconciliation report for the grant year. Payment of the withheld 10 percent shall be processed by the department for payment to the grantee upon the grantee’s satisfactory completion and submission, and the department’s approval, of these reports.

(Added by Stats. 1999, Ch. 744, Sec. 3. Effective October 10, 1999. Operative July 1, 2000, by Sec. 10 of Ch. 744.)

HSCHealth and Safety Code - HSC