2009 California Welfare and Institutions Code - Section 9750-9757.5 :: Chapter 12. Regulations

9750.  The department may adopt regulations to implement this
division in accordance with the Administrative Procedure Act, Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. The initial adoption of any emergency
regulations following the date on which this revised division takes
effect shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. Emergency regulations adopted pursuant to this
division shall remain in effect for no more than 180 days.

9757.5.  (a) The California Department of Aging shall assess
annually a fee of not less than one dollar and forty cents ($1.40),
but not more than one dollar and sixty-five cents ($1.65), on a
health care service plan for each person enrolled in a health care
service plan as of December 31 of the previous year under a prepaid
Medicare program that serves Medicare eligible beneficiaries within
the state, and on a health care service plan for each enrollee under
a Medicare supplement contract, including a Medicare Select contract,
as of December 31 of the previous year, to offset the cost of
counseling Medicare eligible beneficiaries on the benefits and
programs available through health maintenance organizations instead
of the traditional Medicare provider system.
   (b) All fees collected pursuant to this section shall be deposited
into the State HICAP Fund for the implementation of the Health
Insurance Counseling and Advocacy Program, and shall be available for
expenditure for activities as specified in Section 9541 when
appropriated by the Legislature.
   (c) The department may use up to 7 percent of the fee collected
pursuant to subdivision (a) for the administration, assessment, and
collection of that fee.
   (d) It is the intent of the Legislature, in enacting this act and
funding the Health Insurance Counseling and Advocacy Program, to
maintain a ratio of two dollars ($2) collected from the Insurance
Fund to every one dollar ($1) collected pursuant to subdivision (a).
This ratio shall be reviewed by the Department of Finance within 30
days of January 1, 1999, and biennially thereafter to examine changes
in the demographics of Medicare imminent populations, including, but
not limited to, the number of citizens residing in California 55
years of age and older, the number and average duration of counseling
sessions performed by counselors of the Health Insurance Counseling
and Advocacy Program, particularly the number of counseling sessions
regarding prepaid Medicare programs and counseling sessions regarding
Medi-Gap programs, and the use of other long-term care and
health-related products. Upon review, the Department of Finance shall
make recommendations to the Joint Legislative Budget Committee
regarding appropriate changes to the ratio of funding from the
Insurance Fund and the fees collected pursuant to subdivision (a).
   (e) It is the intent of the Legislature that the revenue raised
from the fee assessed pursuant to subdivision (a), and according to
the ratio established pursuant to subdivision (d), be used to
partially offset and reduce the amount of revenue appropriated
annually from the Insurance Fund for funding of the Health Insurance
Counseling and Advocacy Program.
   (f) There shall be established in the State Treasury a "State
HICAP Fund" administered by the California Department of Aging for
the purpose of collecting fee assessments described in subdivision
(a), and for the sole purpose of funding the Health Insurance
Counseling and Advocacy Program.
   (g) The department shall issue a supplemental billing during the
2005-06 fiscal year to generate additional revenue authorized by the
act that amended this section during the 2005 portion of the 2005-06
Regular Session. Notwithstanding subdivision (h), the department may
use a portion of the additional revenue generated in the 2005-06
fiscal year to pay for the costs associated with issuing this
supplemental billing.
   (h) It is the intent of the Legislature that, starting in the
2005-06 fiscal year, two million dollars ($2,000,000) of additional
funding shall be made available to local HICAP programs, to be
derived from an increase in the HICAP fee and the corresponding
Insurance Fund pursuant to subdivision (d). Any additional funding
shall only be used for local HICAP funding and shall not be used for
department or local area agencies on aging administration.