ARTICLE 8. Stakeholder Advisory Committee [14199.129 - 14199.133]
( Article 8 added November 5, 2024, by initiative Proposition 35, Sec. 1. )
Stakeholder Advisory Committee Established
(a) The Protect Access to Health Care Act Stakeholder Advisory Committee is hereby established within the department.
(b) An individual holding federal, state, tribal, or local elected or appointed office or an officer or official of a political party is not eligible for appointment to the committee.
(c) Six members of the committee constitute a quorum for purposes of voting and conducting business of the committee.
(d) The committee shall elect a chairperson from among its membership. The chairperson shall serve in that
capacity for two years and is eligible for reelection. The chairperson shall preside at all meetings and shall have all the powers and privileges of other committee members.
(e) The committee shall meet not less than biennially, and may hold additional regular and special meetings at the call of the committee or the chairperson.
(f) At least two employees of the department shall be assigned full-time to staffing and supporting the committee.
(Added November 5, 2024, by initiative Proposition 35, Sec. 1. Effective December 18, 2024. Approved in Proposition 35 at the November 5, 2024, election. Operative January 1, 2025, pursuant to Section 14199.135.)
Committee Membership
(a) The committee shall be composed of 10 members as follows:
(1) One member that represents both primary and specialty physicians on a statewide basis.
(2) One member that represents both public and private hospitals, regardless of licensure type, on a statewide basis.
(3) One member that represents a private emergency ambulance provider that performs 500,000 or more emergency medical ground transports per calendar year in this state.
(4) One member that represents family planning
and reproductive health providers on a statewide basis.
(5) One member that represents commercial, nongovernmental Medi-Cal managed care plans on a statewide basis.
(6) One member that represents clinics on a statewide basis.
(7) One member that represents public, nonprofit Medi-Cal managed care plans on a statewide basis.
(8) One member that represents dentists on a statewide basis.
(9) One member that represents organized labor groups on a statewide basis.
(10) One member that represents a private emergency air ambulance transport provider that bills for more than 2,000 emergency ambulance transports per year in this
state.
(b) Committee members shall be appointed as follows:
(1) The Governor shall appoint the members described in paragraphs (1) to (6), inclusive, of subdivision (a).
(2) The Speaker of the Assembly shall appoint the members described in paragraphs (7) and (8) of subdivision (a).
(3) The Senate President Pro Tempore shall appoint the members described in paragraphs (9) and (10) of subdivision (a).
(c) An entity or organization shall not have more than one employee, officer, or director from that entity or organization appointed to the committee at any given time.
(d) Each member of the committee shall either be a citizen
and resident of the United States or satisfy the requirements of subdivision (b) of Section 1020 of the Government Code.
(Added November 5, 2024, by initiative Proposition 35, Sec. 1. Effective December 18, 2024. Approved in Proposition 35 at the November 5, 2024, election. Operative January 1, 2025, pursuant to Section 14199.135.)
Committee Member Terms
(a) Each appointing authority described in subdivision (b) of Section 14199.130 shall make their initial appointments not later than 30 calendar days after the effective date of this chapter.
(b) The term of initial appointees to the committee shall begin on the 45th calendar day after the effective date of this chapter. The terms of initial appointees to the committee shall be as follows:
(1) The Governor’s initial appointees described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 14199.130 shall serve for a term of four years.
(2) The Governor’s initial appointees described in paragraphs (5) and (6) of subdivision (a) of Section 14199.130 shall serve for a term of three years.
(3) The Assembly Speaker’s initial appointee described in paragraph (7) of subdivision (a) of Section 14199.130 shall serve for a term of three years.
(4) The Assembly Speaker’s initial appointee described in paragraph (8) of subdivision (a) of Section 14199.130 shall serve for a term of two years.
(5) The Senate President Pro Tempore’s initial appointees shall serve for a term of two years.
(c) After the initial terms, the term of each appointed or reappointed committee member shall be four years. Each member of the committee shall serve until a successor is appointed.
(d) A member of the committee shall not be removed by the appointing authority except for malfeasance in office or neglect of duty. A member shall not be removed unless the reasons for removal are presented in writing to the member.
(e) (1) A member of the committee appointed to represent a specific category described in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 14199.130 shall notify in writing their appointing authority if they no longer represent that specific category or are otherwise unable to continue serving as a member of the committee. The notice required by this paragraph shall be provided within 15 calendar days of the changed circumstance.
(2) Upon receipt of the written notice by the appointing authority, the member’s position on the committee shall be deemed
vacant. Within 30 calendar days of receipt of the written notice, the appointing authority shall appoint a successor to serve the remainder of the former member’s term. Upon expiration of the unexpired term, the successor may be appointed to a full term.
(Added November 5, 2024, by initiative Proposition 35, Sec. 1. Effective December 18, 2024. Approved in Proposition 35 at the November 5, 2024, election. Operative January 1, 2025, pursuant to Section 14199.135.)
Powers and Duties of the Committee
(a) (1) The committee is advisory only and does not possess decisionmaking authority. The committee is established for the sole purpose of researching and analyzing approaches and best practices for the development and implementation of the components of this chapter, including by preparing reports or recommendations and providing advice thereon for submission to the department. The department has sole and final decisionmaking authority under this chapter.
(2) The committee shall advise and make written recommendations to the department with respect to implementing this chapter and achieving the objectives set forth in Sections 14199.101
and 14199.102.
(b) The committee is authorized, but not limited, to do any of the following:
(1) Undertake investigations or studies.
(2) Issue written reports.
(3) Post any report or recommendation on the department’s internet website under the committee’s own link on the internet website.
(c) Any member of the committee may request, and the Controller and department shall provide, any written accounting or record of deposits into, transfers between, or expenditures out of, any fund, subfund, account, or subaccount established or created by this chapter.
(d) The committee may establish subcommittees consisting of one or more
of its members, and may delegate to a subcommittee any right or responsibility bestowed upon the committee, including the right or responsibility of providing advice and written input to the department on a given subject.
(Added November 5, 2024, by initiative Proposition 35, Sec. 1. Effective December 18, 2024. Approved in Proposition 35 at the November 5, 2024, election. Operative January 1, 2025, pursuant to Section 14199.135.)
Compensation
Members of the committee shall serve without compensation, but shall receive reimbursement for necessary expenses, subject to approval by the department.
(Added November 5, 2024, by initiative Proposition 35, Sec. 1. Effective December 18, 2024. Approved in Proposition 35 at the November 5, 2024, election. Operative January 1, 2025, pursuant to Section 14199.135.)