124550-124570

HEALTH AND SAFETY CODE
SECTION 124550-124570




124550.  The department shall maintain a program for seasonal
agricultural and migratory workers and their families, consisting of
all of the following:
   (a) Studies of the health and health services for seasonal
agricultural and migratory workers and their families throughout the
state.
   (b) Technical and financial assistance to local agencies concerned
with the health of seasonal agricultural and migratory workers and
their families.
   (c) Coordination with similar programs of the federal government,
other states, and voluntary agencies.


124555.  (a) (1) It is the intent of the Legislature that funds
distributed under this section promote stability for participating
clinics, as a part of the state's health care safety net, and at the
same time be distributed in a manner that best promotes access to
health care to seasonal agricultural and migratory workers and their
families.
   (2) The department shall grant funds, for a minimum of three years
per grant, retroactive to funds appropriated in the Budget Act of
2002 (Chapter 379 of the Statutes of 2002), to eligible, private,
nonprofit, community-based primary care clinics for the purpose of
establishing and maintaining a health services program for seasonal
agricultural and migratory workers and their families. The department
may continue to pay any grantee whose grant expired on June 30,
2003, until June 30, 2004, as if the grant had been extended,
provided that funds are appropriated for this purpose in the Budget
Act of 2003 and the grantee agrees in writing to expend the money as
if the grant had been extended.
   (b) In order to be eligible to receive funds under this program, a
clinic shall, at a minimum, meet all of the following conditions:
   (1) The clinic shall be licensed under either paragraph (1) or (2)
of subdivision (a) of Section 1204.
   (2) The clinic's patient population shall include at least 25
percent farmworkers and their dependents.
   (3) The clinic shall operate in a medically underserved area,
including a Health Professional Shortage Area, or serve a medically
underserved population, as designated by the United States Department
of Health and Human Services, or shall be able to demonstrate that
at least 50 percent of its patients are persons with incomes at or
below 200 percent of the federal poverty level.
   (c) The department shall seek input from stakeholders in designing
the methodology for distribution of funds under this section.



124560.  (a) The Seasonal Agricultural and Migratory Workers
Advisory Committee is hereby established in the State Department of
Health Services.
   (b) The committee shall advise the department on the level of
resources, priorities, criteria, and guidelines necessary to
implement this chapter pertaining to the health of seasonal and
migratory agricultural workers.
   (c) The committee shall be composed of 11 members, appointed by
the Director of Health Services, who are knowledgeable concerning the
health care needs of seasonal and migratory farm workers and their
families. Committee members shall serve two-year terms. Two members
shall be nominated by the Speaker of the Assembly, and two by the
Senate Committee on Rules. The members of the committee shall be
selected from the following categories of persons:
   (1) Seasonal and migratory farm workers and their families.
   (2) Health care providers from nonprofit community health centers
that have a documented history of serving seasonal and migratory
agricultural workers.
   (3) Health care professionals.
   (4) Private citizens with documented experience in serving the
seasonal agricultural and migratory worker population.



124570.  (a) Notwithstanding any other provision of law, the
department shall, to the extent that funds are available, provide to
a grantee semiannual prospective payments during a 12-month fiscal
year.
   (b) 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. The processing by the department of the grantee's
first semiannual prospective payment shall also be contingent upon
both of the following:
   (1) A written request for payment from the grantee.
   (2) Except as provided in this paragraph, the third quarter
progress budget and expenditure report. If the grantee is currently
under the first fiscal year of a three-year multiple grant, this
requirement shall not apply as a condition for the grantee's first
semiannual prospective payment, unless the grantee is a continuing
grantee from the prior three-year multiple year of the grant. If the
grantee is currently under the second or third fiscal year of a
three-year, multiple-year grant, the department's processing of the
first semiannual prospective payment for the current grant year shall
be contingent upon the grantee's timely and accurate submission, and
the department's approval of, the third quarter progress and budget
expenditure report from the previous grant year.
   (c) Based upon the grantee's timely and accurate submission of the
first quarterly progress and budget expenditure report 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 all 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 first quarterly progress and budget
expenditure report.
   (3) If the grantee is currently under the second or third fiscal
year of a three-year, multiple-year grant, the grantee's timely and
accurate submission, and the department's approval, of the fourth
quarterly progress and budget expenditure report, and the annual
reconciliation report, from the prior year.
   (d) An amount equal to 10 percent of the total grant award shall
be retained by the department, pending satisfactory submission by the
grantee of all quarterly progress and budget expenditure reports and
an annual reconciliation report for the grant year. Payment of the
withheld 10 percent shall be processed by the department for payment
to the grantee upon the grantee's satisfactory completion and
submission, and the department's approval, of these reports.