California Insurance Code 12696-12696.20
12696. The board shall administer the program. 12696.05. The board may do all of the following: (a) Determine eligibility criteria for the program. These criteria shall include the requirements set forth in Section 12698. (b) Determine the eligibility of applicants. (c) Determine when subscribers are covered and the extent and scope of coverage. (d) Determine subscriber contribution amounts schedules. (1) Subscriber contribution amounts for care provided to the subscriber shall be indexed to the federal poverty level and shall not exceed 2 percent of a subscriber's annual gross family income. (2) In addition to any other subscriber contribution specified in this subdivision, for subscribers enrolled on or after July 1, 2007, the board may also assess an additional subscriber contribution to cover the AIM-linked infant enrolled in the Healthy Families Program pursuant to clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70 for two months, using all applicable discounts pursuant to Section 12693.43. (3) The board shall determine the manner in which the subscriber contributions are to be applied, including the order in which they are applied. (e) Provide coverage through participating health plans or through coordination with other state programs, and contract for the processing of applications and the enrollment of subscribers. Any contract entered into pursuant to this part shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. The board shall not be required to specify the amounts encumbered for each contract, but may allocate funds to each contract based on projected and actual subscriber enrollments in a total amount not to exceed the amount appropriated for the program. (f) Authorize expenditures from the fund to pay program expenses which exceed subscriber contributions, and to administer the program as necessary. (g) Develop a promotional component of the program to make Californians aware of the program and the opportunity that it presents. (h) Issue rules and regulations as necessary to administer the program. All rules and regulations issued pursuant to this subdivision that manage program integrity, revise the benefit package, or reduce the eligibility criteria below 300 percent of the federal poverty level may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. (i) Exercise all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed by this part. 12696.10. The board, in coordination with the Tobacco Control Section of the State Department of Health Services, shall develop protocols relating to health education for tobacco use. These protocols shall include, but not be limited to, all of the following: (a) Referral to perinatal and related support services. (b) Outreach services and assessment of smoking status. (c) Individualized counseling and advocacy services. (d) Motivational messages. (e) Cessation services, if appropriate. (f) Incentives to maintain a healthy lifestyle. (g) Followup assessment. (h) Maintenance and relapse prevention services. 12696.15. The board shall administer the program in a manner that ensures that program expenditures do not exceed amounts available in the fund. 12696.20. The board shall coordinate with other state agencies, as appropriate, to help ensure continuity of health care services.
