Article 3. The Board Of Administration of California Government Code >> Division 5. >> Title 2. >> Part 5. >> Chapter 1. >> Article 3.
The provisions of this part shall be administered by the
board. The members of the board shall receive no salary for
performance of their duties and responsibilities under this part, but
shall be reimbursed for actual and necessary expenses incurred in
connection therewith.
All laws governing the organization, procedures, and
administrative duties and responsibilities of the board shall be
applicable to the board in its administration of the provisions of
this part, to the extent that they are not in conflict with or
inconsistent with the provisions of this part.
The board shall, in accordance with this part, approve
health benefit plans, and may contract with carriers offering health
benefit plans.
The board shall have all powers reasonably necessary to
carry out the authority and responsibilities expressly granted or
imposed upon it under this part.
Irrespective of the provisions of Sections 1090 and 1091, a
board member who is an officer of a life insurer may participate in
all board activities in administering the provisions of this part,
except that he or she may not vote on the question of whether a
contract should be entered into or approval should be given
concerning any health benefit plan in which the board member has a
financial interest, as defined in the Political Reform Act of 1974
(Title 9 (commencing with Section 81000)).
(a) The board shall, pursuant to the Administrative
Procedure Act, adopt all necessary rules and regulations to carry out
the provisions of this part including, but not limited to, any of
the following:
(1) Regulations establishing the following:
(A) The scope and content of a basic health benefit plan.
(B) Reasonable minimum standards for health benefit plans.
(C) The time, manner, method, and procedures for determining
whether approval of a health benefit plan should be withdrawn.
(2) Regulations pertaining to any other matters that the board may
be expressly authorized or required to provide for by rule or
regulation by the provisions of this part.
(b) In adopting rules and regulations, the board shall be guided
by the needs and welfare of individual employees, particular classes
of employees, the state and contracting agencies, as well as
prevailing practices in the field of medical and hospital care.
(a) The board or an authorized representative may perform
audits of each employer and may, at a specified time and place,
require the employer to provide information or make available for
examination and copying books, papers, data, and records, including,
but not limited to, personnel and payroll records, as deemed
necessary by the board to determine compliance with the provisions of
this part.
(b) Before initiating an audit, the board shall notify the subject
of the audit of the estimated time required to complete the audit.
The estimate shall be based upon various factors, including, but not
limited to, the following:
(1) The number of employees.
(2) Employment classifications.
(3) Benefits.
(4) Contract provisions.
(5) Geographical location.
(6) Time required for audits of comparable entities.
(7) Additional time factors raised by the subject of the audit.
(c) If an audit requires an excess of the time estimated, the
board may assess a reasonable charge upon the employer to recover
additional costs incurred for the excess time to complete the audit.
A contracting agency shall not be assessed for delays during the
course of an audit that are reasonably outside of the agency's
control.
(d) The information obtained from an employer shall remain
confidential.