Chapter 4. American Indian Health Services of California Health And Safety Code >> Division 106. >> Part 4. >> Chapter 4.
The department shall maintain a program for American
Indians and their families, consisting of all of the following:
(a) Studies of the health and health services available to
American Indians and their families throughout the state.
(b) Technical and financial assistance to local agencies concerned
with the health of American Indians and their families.
(c) Coordination with similar programs of the federal government,
other states, and voluntary agencies.
The department shall cooperate with local governmental
agencies and contract with voluntary nonprofit organizations in
connection with the development of local health programs for American
Indians and their families.
(a) All moneys appropriated to the department for the
purposes of this chapter shall be used to provide financial,
training, and technical assistance to urban and rural American Indian
health programs and to assist these programs in planning,
implementing, and upgrading programs to attain a comprehensive health
services delivery system for American Indians in urban and rural
areas.
(b) The department shall provide technical assistance and shall
promote the provision of services for preventive health care, health
education, and environmental health.
(c) The department may expend funds, appropriated to it to carry
out the purposes of this chapter, by contract or grant, or any
combination thereof, to assist any urban or rural American Indian
health program.
(d) The department shall adopt regulations establishing criteria
for reimbursement for direct services under this chapter, that shall
include, but not be limited to, a definition of direct services that
are reimbursable and a formula for allocation of funds appropriated
to the department.
(e) The department shall provide assistance to American Indian
health services programs in maximizing utilization of third party
payment systems and in developing programs in health education,
nutrition, and family planning, if the assistance is not being
provided by agencies of the federal government.
(f) Funds appropriated to carry out the purposes of this chapter
shall be supplemental to those available from the federal government
and shall not duplicate, and they shall not replace, any commitments
made by the federal government to provide health services to American
Indians and their families in this state who receive health services
pursuant to an urban or rural American Indian health program.
(g) It is the intent of the Legislature that the program
established by this chapter shall, commencing with the 1984-85 fiscal
year, be funded according to customary budget procedures.
(a) Notwithstanding any other provision of law, the
department shall, to the extent that funds are available, provide to
a grantee under this chapter semiannual prospective payments, as
specified in this section, during a 12-month fiscal year.
(b) The first semiannual prospective payment, in an amount equal
to not more than 50 percent of the total grant, shall be processed
for payment to the grantee following the enactment of the annual
Budget Act, and upon formal execution of the grant by the state and
shall be contingent upon both of the following:
(1) A written request for payment from the grantee.
(2) The grantee's timely and accurate submission, and the
department's approval, of the progress reports required under the
grant, budget expenditure report, and annual reconciliation report,
from the prior year.
(c) Based upon the grantee's timely and accurate submission of the
progress reports and budget expenditure reports from the grant year,
and satisfactory performance under the grant, the processing of a
second semiannual prospective payment of not more than 40 percent of
the total grant shall be processed by the department for payment to a
grantee no earlier than January 1 during the term of the grant year.
The processing of the grantee's second semiannual prospective
payment by the department shall be contingent upon both of the
following:
(1) A written request for payment from the grantee.
(2) The grantee's timely and accurate submission, and the
department's approval, of progress reports and budget expenditure
reports.
(d) Any remaining amount, which shall be at least 10 percent of
the total grant award, shall be retained by the department, pending
satisfactory submission by the grantee of all progress reports
required by the grant, budget expenditure reports, and an annual
reconciliation report for the grant year. Payment of the withheld
amount shall be processed by the department for payment to the
grantee contingent upon both of the following:
(1) A written request for payment from the grantee.
(2) The grantee's timely and accurate submission, and the
department's approval, of all progress reports required under the
grant, budget expenditure reports from the grant year, the annual
reconciliation report for the grant year, and satisfactory
performance under the grant.
The Legislature finds and declares that the health status
of many American Indians in California is not adequate.
It is, therefore, the intent of the Legislature to insure that in
addition to funding provided pursuant to the American Indian Health
Service program, sufficient funding is provided to American Indians
from other programs in order to substantially improve their access to
health services. These programs include, but are not limited to, the
following:
(a) Rural health services.
(b) Mental health services.
(c) Developmental disability programs.
(d) Maternal and child health programs.
(e) Alcoholism programs.
(f) Programs for the aging.
(g) Environmental health programs.
(a) The Indian Health Policy Panel, established by the
director pursuant to Section 1520 of Title 17 of the California
Administrative Code, is continued in existence and shall be renamed
the American Indian Health Policy Panel. The policy panel shall
advise the State Department of Health Care Services and the State
Department of Public Health on the level of resources, priorities,
criteria, and guidelines necessary to implement this chapter. The
policy panel shall be composed of 10 members, appointed by the
director. Four members shall be appointed from a list of persons
submitted by the California Rural Indian Health Board, four members
shall be appointed from a list of persons submitted by the California
Consortium for Urban Indian Health, and two members shall represent
the public. The persons appointed by the director to represent the
public may be consumers, consumer advocates, health service
providers, representatives of state or county health agencies, health
professionals, or private citizens. The terms of the members shall
be established pursuant to bylaws adopted by the policy panel.
(b) The director may also seek advice from individuals and groups,
other than the policy panel, on program issues.
(c) Those persons who are members of the policy panel on December
31, 1983, shall continue to be members for the remainder of their
terms and, upon expiration of their terms, shall be eligible for
reappointment by the director.