Report 2014-130 Recommendation 21 Responses

Report 2014-130: California Department of Health Care Services: It Should Improve Its Administration and Oversight of School‑Based Medi-Cal Programs (Release Date: August 2015)

Recommendation #21 To: Health Care Services, Department of

To provide the public with the ability to participate fully in developing the rules governing the administrative activities program, Health Care Services should, in accordance with California's Administrative Procedure Act (APA), immediately develop and adopt the regulations cited in the four subdivisions of Section 14132.47 of the California Welfare and Institutions Code.

Annual Follow-Up Agency Response From October 2021

DHCS began regulation development in December 2019; however, due to the COVID-19 pandemic, development has slowed because of competing priorities. The regulation package is currently in the departmental review process and we anticipate the development of the regulations will be completed by December 2022.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From November 2020

DHCS began regulation development in December 2019; however, due to the COVID-19 pandemic, development has slowed because of competing priorities. The regulation package is currently in the departmental review process and we expect the development of the regulations will be completed by December 2021.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From October 2019

SMAA will begin working with the Office of Regulations (OOR) to begin the regulation development process now that backcasting is completed. A draft regulation package will be developed and submitted to OOR no later than August 2020.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From August 2019

SMAA regulation development will begin now that back-casting is completed.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From November 2018

SMAA regulation development will begin once back casting is completed.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From September 2017

Proposed legislation in 2016 that would have significantly amended W&I Code Section 14132.47, delayed the development and completion of SMAA regulations. Subsequent related pending legislation added to delays in completing the regulations, in addition to DHCS securing CMS approval of the revised SMAA Manual in October 2016. DHCS continues to research regulatory language for the SMAA program and expects submission by January 31, 2018

California State Auditor's Assessment of Annual Follow-Up Status: Pending

1-Year Agency Response

DHCS has researched regulatory language for the SMAA program and has begun to collect information for developing and implementing regulations. DHCS anticipates submitting proposed regulatory language by June 30, 2017.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

DHCS is in the process of researching regulatory language for the SMAA program. DHCS continues to work closely with stakeholders during this initial phase. DHCS plans to submit a proposal regarding regulatory language by June 30, 2017.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

DHCS agrees with the recommendation.

DHCS staff is currently working on drafting regulations for the SMAA program. DHCS meets regularly with our stakeholders and will engage them in the regulatory development process. The public will have time to comment during the public comment period required by the APA.

Estimated time to submit regulations for the SMAA program is June 30, 2017.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2014-130

Agency responses received are posted verbatim.