Medi-Cal benefits: employer reports.
SB 1284
California Bills
20250SB__128496AMD INTRODUCED 2026-02-20 AMENDED_SENATE 2026-03-25 AMENDED_SENATE 2026-04-23 AMENDED_SENATE 2026-05-14 REVISED 2026-06-25 2025 SB AMD Introduced by Senator Smallwood-Cuevas (Coauthors: Senators Arreguín, Becker, Cortese, Durazo, Gonzalez, McNerney, and Weber Pierson) (Coauthors: Assembly Members Bonta, Elhawary, Kalra, and Lee) LEAD_AUTHOR SENATE Smallwood-Cuevas COAUTHOR SENATE Arreguín COAUTHOR SENATE Becker COAUTHOR SENATE Cortese COAUTHOR SENATE Durazo COAUTHOR SENATE Gonzalez COAUTHOR SENATE McNerney COAUTHOR SENATE Weber Pierson COAUTHOR ASSEMBLY Bonta COAUTHOR ASSEMBLY Elhawary COAUTHOR ASSEMBLY Kalra COAUTHOR ASSEMBLY Lee
An act to add
Section 230.9 to the Labor Code, to amend
Section of the Unemployment Insurance Code, and to add
Section 11024.5 to, and to repeal
Section 11026.5 of, the Welfare and Institutions Code, relating to medical benefits. medical benefits Medi-Cal benefits: employer reports. Existing law establishes the California Health and Human Services Agency, headed by the Secretary of California Health and Human Services. Existing law further establishes, within the agency, a number of departments and other entities, including the State Department of Health Care Services.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits.
This bill would require the State Department of Health Care Services, after obtaining specified information from the Employment Development Department (EDD), to prepare a report that includes information regarding employers in California that employ or more employees and have any employees who receive benefits from the Medi-Cal program, including, among other things, the estimated total annual cost of Medi-Cal services provided to employees, and the dependents of those employees, of each employer, and submit that report to the Legislature no later than September 1, 2027, and annually thereafter.
The bill would provide that individually identifiable information about employees or Medi-Cal enrollees contained in the report is exempt from disclosure under the California Public Records Act, and would authorize the department and EDD to enter into data-sharing agreements, as provided. The bill would also repeal an obsolete reporting requirement. Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of their duties and is not open to the public.
However, existing law permits the use of the information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor. The bill would require the Director of Employment Development to permit the use of specified information in their possession by the State Department of Health Care Services to prepare and submit the above-described report.
By requiring this information to be provided to the department for these purposes, this bill would expand the crime of unauthorized access, use, or disclosure of this information, and would impose a state-mandated local program. Existing law, subject to certain exceptions, also requires all types of information concerning a person, made or kept by any public officer or agency in connection with the administration of the Medi-Cal program, to be confidential, and makes knowingly releasing or possessing this confidential information punishable as a misdemeanor.
The bill would make individually identifiable information about employees or Medi-Cal enrollees contained in the above-described report subject to these confidentiality requirements. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, headed by the Labor Commissioner, for the purposes of enforcing labor laws.
Existing law prohibits an employer from discharging or in any manner discriminating against an employee for specified actions, including, among other things, taking time off to serve on a jury or because of an employee’s status as a victim of crime or abuse, as specified. This bill would additionally prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who applies for, or is enrolled in, the Medi-Cal program. The bill would also prohibit an employer from refusing to hire a person because that person is enrolled in the Medi-Cal program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 230.9 is added to the Labor Code , to read: 230.9. (
a) An employer shall not discharge or in any manner discriminate or retaliate against an employee who applies for, or is enrolled in, the Medi-Cal program (Chapter 7 (commencing with
Section 14000) of Part of Division of the Welfare and Institutions Code). (
b) An employer shall not refuse to hire a person because that person is enrolled in the Medi-Cal program.
SEC. 2.
Section of the Unemployment Insurance Code is amended to read: 1095. The director shall permit the use of any information in the director’s possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (
a) to (e), inclusive: (
a) To enable the director or the director’s representative to carry out their responsibilities under this code. (
b) To properly present a claim for benefits. (
c) To acquaint a worker or their authorized agent with the worker’s existing or prospective right to benefits. (
d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with
Section 9000). (
e) To enable an employer to receive a reduction in contribution rate. (
f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C.
Sec. 601 et seq.), and state or federal subsidies offered through the California Health Benefit Exchange provided pursuant to Title 22 (commencing with
Section 100500) of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of public social services. (
g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance. (
h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to
Part 5 (commencing with
Section 17000) of Division of the Welfare and Institutions Code. (
i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence.
The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.
(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.
(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.
(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.
(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony. (
j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system.
The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing. (
k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to
Chapter 1 (commencing with
Section 200) of Part of Division of, and
Chapter 1 (commencing with
Section 1720) of Part of Division of, the Labor Code. (
l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C.
Sec. 651 et seq.). (
m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered. (
n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:
(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.
(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information. (
o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers’ compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, “authorized governmental agency” means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance.
An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers’ compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body. (
p) To enable the Director of Consumer Affairs, or the director’s representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of
Chapter 8 (commencing with
Section 94800) of Part of Division of Title of the Education Code. (
q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, “reciprocal agreement” means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals. (
r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees. (
s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to
Chapter 9 (commencing with
Section 4775) of Division 4.5 of, and
Chapter 2 (commencing with
Section 7200) and
Chapter 3 (commencing with
Section 7500) of Division of, the Welfare and Institutions Code. (
t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations. (
u) This
section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency. (
v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under
Section or 1128.1 shall not be in violation of
Section if the assessment is final. The disclosure may also include any of the following:
(1) The total amount of the assessment.
(2) The amount of the penalty imposed under
Section or 1128.1 that is included in the assessment.
(3) The facts that resulted in the charging of the penalty under
Section or 1128.1. (
w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to
Section of the Business and Professions Code. (
x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (
i) when the requesting peace officer has been designated by the Chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act. (
y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to
Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations. (
z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of
Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor.
The information shall be provided to the extent permitted by federal statutes and regulations. (aa) To enable the Public Employees’ Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under
Part 3 (commencing with
Section 20000) of Division of Title of the Government Code. (ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor.
The information shall be provided to the extent permitted by federal statutes and regulations. (ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations. (ad)
(1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of: (
A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to
Chapter 7 (commencing with
Section 14000) of Part of Division of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to
Chapter 2 (commencing with
Section 15810) of
Part 3.3 of Division of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph. (
B) Verifying or determining the eligibility of an applicant for, or a recipient of, state or federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with
Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange. (
C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to
Section of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.
(2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part of Title of the Code of Federal Regulations. (ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud.
The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division. (af) To enable the State Department of Health Care Services to prepare and submit the report required by
Section 11024.5 of the Welfare and Institutions Code that identifies all employers in California that employ or more employees and that have any employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with
Section 14000) of Part of Division of the Welfare and Institutions Code) while employed in the past calendar year. The information used for this purpose shall be limited to information from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with
Section 13000) and the disability insurance program and may be disclosed to the State Department of Health Care Services only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law. (ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (
c) of
Section of the Education Code. (ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmate’s employment status and wage history shall be provided for a period of one year, three years, and five years following release.
The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated.
The information shall be provided to the department to the extent not prohibited by federal law. (ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part of Title of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of
Chapter of the federal Social Security Act (42 U.S.C.
Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs. (aj)
(1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the California Correctional Training and Rehabilitation Authority, the Employment Training Panel, and a chief elected official, as that term is defined in
Section 3102(9) of Title of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and of this code and Sections and of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (
i) of
Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to
Section of the Education Code; the economic and workforce development program performance measures pursuant to
Section of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in
Part 52.5 (commencing with
Section 88600) of Division of Title of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.
(2) The department shall do all of the following: (
A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source. (
B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision. (
C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within business days of receipt of the department’s request. Within calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision.
Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial. (
D) Make publicly available on the department’s internet website all of the following: (
i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A). (ii) The standard application developed pursuant to subparagraph (B). (iii) The timeframe for information request determinations by the department, as specified in subparagraph (C). (iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision. (
v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial. (ak)
(1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following: (
A) Information provided pursuant to subdivision (
i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act. (
B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.
(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to
Section of the Welfare and Institutions Code.
(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations. (a
l) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with
Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations. (am)
(1) To enable the Joint Enforcement Strike Force as established by
Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill of the 2011–12 Regular Session (Chapter of the Statutes of 2012), to carry out their duties.
(2) To provide an agency listed in subdivision (
a) of
Section intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to
Section of the Government Code. (an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to
Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations. (ao) To enable the Civil Rights Department to carry out its duties, including ensuring compliance with
Section of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (
f) of
Section 1094. (ap) To enable the Cradle-to-Career Data System, as established by
Article 2 (commencing with
Section 10860) of
Chapter 8.5 of Part of Division of Title of the Education Code, to receive employment and earnings data and, as required by the director pursuant to
Section of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations. (aq)
(1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with,
Chapter 3.6 (commencing with
Section 39680) of Part of Division of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.
(2) For purposes of this subdivision, the following
definitions apply: (A) “Commercial driver” has the same meaning as defined in
Section 2810.4 of the Labor Code. (B) “Port drayage motor carrier” has the same meaning as defined in
Section 2810.4 of the Labor Code. (C) “Short-haul trucking service” has the same meaning as defined in
Section of the Health and Safety Code. (ar) To enable the California Health Benefit Exchange to do all of the following:
(1) Notify an employer that an employee has been determined eligible for advance payments of the premium tax credit and cost-sharing reductions and has enrolled in a qualified health plan through the California Health Benefit Exchange, as required pursuant to
Section 155.310(
h) of Title of the Code of Federal Regulations. The information shall include available employer contact information, including addresses, email addresses, and telephone numbers.
(2) Assist the California Health Benefit Exchange or the State Department of Health Care Services in determining eligibility for the insurance affordability programs administered by those state agencies. The determination of eligibility or entitlement shall include efforts by either the California Health Benefit Exchange or the State Department of Health Care Services to assist those individuals in obtaining that coverage, including informing those individuals potentially eligible for health coverage of the availability of that coverage.
(3) Verify if a consumer has been offered affordable comprehensive employer-sponsored health care coverage pursuant to Title 22 (commencing with
Section 100500) of the Government Code and the federal Patient Protection and Affordable Care Act (Public Law 111-148). The information shall include available employer contact information, including addresses, email addresses, and telephone numbers.
(4) Upon the request of either the California Health Benefit Exchange or the State Department of Health Care Services, the department shall also provide to the relevant state agency information on new applicants for unemployment insurance, state disability insurance, and paid family leave. The California Health Benefit Exchange and the State Department of Health Care Services shall at all times request from the department the minimum amount of information necessary from the information listed in paragraph (1) of subdivision (
a) of
Section 100503.9 of the Government Code, to accomplish the purposes of
Section 100503.9 of the Government Code. The information shall be sent in a manner that is encrypted or otherwise complies with government data security best practices, as specified by the California Health Benefit Exchange. This information shall only be used for the purposes of outreach and marketing.
(5) This subdivision shall become operative no later than September 1, 2023.
SEC.
Section 11024.5 is added to the Welfare and Institutions Code , to read: 11024.5. (
a) The Legislature makes the following findings:
(1) Medi-Cal is intended to function as a public safety net and as the payor of last resort, consistent with state and federal law, providing coverage only when other sources of health coverage are unavailable or insufficient.
(2) One in three working Californians rely on Medi-Cal for health coverage, including individuals employed by employers that do not provide affordable employer-sponsored coverage or that pay wages insufficient to meet basic health care needs.
(3) House Resolution 1 (Public Law 119-21) work requirements have brought the intersection of work, employer-sponsored health care coverage, and Medi-Cal back to the forefront. To best administer the Medi-Cal program, policymakers need empirical data, broken down by employer, business type, and industry, to understand if H.R. 1 requirements are leading to changes in the number of persons who are uninsured, covered by employer-sponsored coverage, or enrolled in Medi-Cal.
(4) It is the intent of the Legislature in enacting this
section to ensure that the Medi-Cal program continues to operate as the payor of last resort and to support the effective administration, oversight, and evaluation of the program by improving transparency regarding the relationship between employment and Medi-Cal enrollment. (
b) For purposes of this section, “employer” means an employer required to file an annual pay data report pursuant to
Section of the Government Code that has any employees enrolled in the Medi-Cal program (Chapter 7 (commencing with
Section 14000)) at any point during the reporting year while employed by the employer. (
c) The State Department of Health Care Services shall, after obtaining the information from the Employment Development Department pursuant to subdivision (af) of
Section of the Unemployment Insurance Code, prepare a report that includes all of the following:
(1) The name and address of each employer.
(2) The parent company of the employer, if applicable.
(3) The Employer Identification Number (EIN) of the employer.
(4) The North American Industry Classification System (NAICS) code assigned to the employer.
(5) The total number of employees of that employer.
(6) The total number of employees of that employer enrolled in the Medi-Cal program by category of aid at any point during that reporting year.
(7) The aggregate number of months all employees of that employer received benefits through the Medi-Cal program while employed.
(8) The total number of dependents of employees of that employer enrolled in the Medi-Cal program.
(9) The estimated total annual cost of Medi-Cal services provided to employees, and dependents of employees, of each employer.
(10) A
summary of the employers with the highest number of employees and dependents enrolled in the Medi-Cal program.
(11) A
summary of the employers with the highest percent of employees and dependents enrolled in the Medi-Cal program. (
d) The State Department of Health Care Services shall submit the report prepared pursuant to subdivision (
b) to the Legislature no later than September 1, 2027, and annually thereafter, in accordance with
Section of the Government Code. Any public reporting shall adhere to the department’s existing guidelines on data deidentification. (
e) Individually identifiable information about employees or Medi-Cal enrollees contained in the report prepared pursuant to subdivision (
b) shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with
Section 7920.000) of Title of the Government Code) and shall be subject to the requirements of
Section 14100.2. (
f) Nothing in this
section shall be construed to permit authorization or publication of identifying information of employees enrolled in the Medi-Cal program. (
g) The State Department of Health Care Services and the Employment Development Department may enter into data-sharing agreements as necessary to implement this section, consistent with state and federal privacy laws. (
h) Nothing in this
section shall be construed to authorize an employer to engage in any conduct against an employee or an applicant for employment in violation of
Section 230.9 of the Labor Code, including, but not limited to, discouraging or preventing an employee from applying for or enrolling in the Medi-Cal program.
SEC.
Section 11026.5 of the Welfare and Institutions Code is repealed.
SEC. 5. The Legislature finds and declares that
Section of this act, which adds
Section 11024.5 of the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of
Section of
Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to ensure adequate privacy protections for Medi-Cal enrollees and beneficiaries, it is necessary for their individually identifiable information to be kept confidential.
SEC. 6. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of