Medi-Cal benefits: employer reports.

This bill would require the State Department of Health Care Services, after obtaining specified information from the Employment Development Department (EDD), to prepare a report that includes information regarding employers in California that employ 100 or more employees and have any employees who receive benefits from the Medi-Cal program, including, among other things, the estimated total annual cost of Medi-Cal services provided to employees, and the dependents of those employees, of each employer, and submit that report to the Legislature no later than September 1, 2027, and annually thereafter. The bill would provide that individually identifiable information about employees or Medi-Cal enrollees contained in the report is exempt from disclosure under the California Public Records Act, and would authorize the department and EDD to enter into data-sharing agreements, as provided. The bill would also repeal an obsolete reporting requirement.

Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of their duties and is not open to the public. However, existing law permits the use of the information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor.

The bill would require the Director of Employment Development to permit the use of specified information in their possession by the State Department of Health Care Services to prepare and submit the above-described report. By requiring this information to be provided to the department for these purposes, this bill would expand the crime of unauthorized access, use, or disclosure of this information, and would impose a state-mandated local program.

Existing law, subject to certain exceptions, also requires all types of information concerning a person, made or kept by any public officer or agency in connection with the administration of the Medi-Cal program, to be confidential, and makes knowingly releasing or possessing this confidential information punishable as a misdemeanor.

The bill would make individually identifiable information about employees or Medi-Cal enrollees contained in the above-described report subject to these confidentiality requirements. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, headed by the Labor Commissioner, for the purposes of enforcing labor laws. Existing law prohibits an employer from discharging or in any manner discriminating against an employee for specified actions, including, among other things, taking time off to serve on a jury or because of an employee's status as a victim of crime or abuse, as specified.

This bill would additionally prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who applies for, or is enrolled in, the Medi-Cal program. The bill would also prohibit an employer from refusing to hire a person because that person is enrolled in the Medi-Cal program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.