Section 100521 Of Title 22. California Health Benefit Exchange From California Government Code >> Title 22.
100521
. (a) The board shall ensure that the establishment,
operation, and administrative functions of the Exchange do not exceed
the combination of federal funds, private donations, and other
non-General Fund moneys available for this purpose. No state General
Fund moneys shall be used for any purpose under this title without a
subsequent appropriation. No liability incurred by the Exchange or
any of its officers or employees may be satisfied using moneys from
the General Fund.
(b) The implementation of the provisions of this title, other than
this section, Section 100500, and paragraphs (4) and (5) of
subdivision (a) of Section 100504, shall be contingent on a
determination by the board that sufficient financial resources exist
or will exist in the fund. The determination shall be based on at
least the following:
(1) Financial projections identifying that sufficient resources
exist or will exist in the fund to implement the Exchange.
(2) A comparison of the projected resources available to support
the Exchange and the projected costs of activities required by this
title.
(3) The financial projections demonstrate the sufficiency of
resources for at least the first two years of operation under this
title.
(c) The board shall provide notice to the Joint Legislative Budget
Committee and the Director of Finance that sufficient financial
resources exist in the fund to implement this title.
(d) If the board determines that the level of resources in the
fund cannot support the actions and responsibilities described in
subdivision (a), it shall provide the Department of Finance and the
Joint Legislative Budget Committee a detailed report on the changes
to the functions, contracts, or staffing necessary to address the
fiscal deficiency along with any contingency plan should it be
impossible to operate the Exchange without the use of General Fund
moneys.
(e) The board shall assess the impact of the Exchange's operations
and policies on other publicly funded health programs administered
by the state and the impact of publicly funded health programs
administered by the state on the Exchange's operations and policies.
This assessment shall include, at a minimum, an analysis of potential
cost shifts or cost increases in other programs that may be due to
Exchange policies or operations. The assessment shall be completed on
at least an annual basis and submitted to the Secretary of
California Health and Human Services and the Director of Finance.