Section 1000 - Conflict of Interest Code for the Department of Managed Health Care (California Code of Regulations)

§ 1000. Conflict of Interest Code for the Department of Managed Health Care

The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (Title 2, California Code of Regulations (CCR), section Title 2, California Code of Regulations (CCR), section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 CCR, section 2 CCR, section 18730, and any amendments to it, duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This section 1000, the attached Appendix, along with 2 CCR section 18730, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Department of Managed Health Care (Department).

The Director shall file his/her statement of economic interests electronically with the Fair Political Practices Commission. All other individuals holding designated position shall file their statements with the Office of Legal Services of the Department, which will make statements available for public inspection and reproduction under Government Code Section 81008. All other statements will be retained by the Office of Legal Services of the Department.

Appendix A

DEPARTMENT OF MANAGED HEALTH CARE

DESIGNATED POSITIONS ASSIGNED DISCLOSURE CATEGORY (IES)
     
OFFICE OF THE DIRECTOR   
Director, Department of Managed Health Care 1, 5
Chief Deputy Director, all levels, wherever assigned 1, 5
Deputy Directors, all levels, wherever assigned 1, 5
Division Chiefs, all levels, wherever assigned 1, 5
CEAs, all levels, wherever assigned 1, 5
Staff Services Managers, all levels 2, 3
Associate Governmental Program Analysts, all levels 3, 4
Attorneys, supervisory and non-supervisory, all levels 1
Information Officers, all levels, wherever assigned 2, 3
Medical Advisors to the Director's Office 2, 3
Research Data Specialist, all levels 2, 3
     
OFFICE OF ADMINISTRATIVE SERVICES   
Staff Services Managers, all levels 4
Associate Governmental Program Analysts (Procurement and Contracts unit), levels 4
     
OFFICE OF ENFORCEMENT   
Assistant Chief Counsel, all levels 1, 5
Attorneys, supervisory and non-supervisory, all levels 1
Legal Analysts, all levels 2, 3
Associate Governmental Program Analysts, all levels 3, 4
Staff Services Managers, all levels 2, 3
Special Investigator, supervisory and non-supervisory, all levels 2, 3
     
HELP CENTER   
Assistant Chief Counsel, all levels 1, 5
Health Program Specialists, all levels 2, 3
Staff Services Managers, all levels 2, 3
Associate Governmental Program Analyst, all levels 3
Legal Analysts, all levels 2, 3
Nurses, all levels 2, 3
Attorneys, supervisory and non-supervisory, all levels 1
Staff Services Analysts, all levels 2, 3
Research Data Supervisor, all levels 3
Research Data Analyst, all levels 3
     
OFFICE OF FINANCIAL REVIEW   
Examiners, supervisory and non-supervisory, all levels 2, 3
Actuaries, supervisory and non-supervisory, all levels 2, 3
Auditors, supervisory and non-supervisory, all levels 2, 3
Staff Services Managers, all levels 2, 3
Associate Governmental Program Analyst, all levels 3
     
OFFICE OF LEGAL SERVICES   
Assistant Chief Counsel, all levels 1, 5
Attorneys, supervisory and non-supervisory, all levels 1
Staff Services Managers, all levels 2, 3
Legal Analysts, all levels 2, 3
Health Program Specialist, all levels 2, 3
     
OFFICE OF PLAN LICENSING   
Assistant Chief Counsel, all levels 1, 5
Attorneys, supervisory and non-supervisory, all levels 1
Staff Services Managers, all levels 2, 3
Health Program Specialists, all levels 2, 3
Associate Governmental Program Analysts, all levels 3
     
OFFICE OF PLAN MONITORING   
Assistant Chief Counsel, all levels 1, 5
Attorneys, supervisory and non-supervisory, all levels 1
Staff Services Managers, all levels 2, 3
Health Care Service Plan Analysts, supervisory and non-supervisory, all levels 2, 3
Health Program Specialists, all levels 2, 3
Associate Governmental Program Analysts, all levels 3
Associate Health Program Advisor, all levels 2, 3
Health Program Managers, all levels 2, 3
     
OFFICE OF TECHNOLOGY AND INNOVATION   
Information Technology Managers, all levels 4
Information Technology Supervisors, all levels 4
Information Technology Specialists, all levels 4
Consultants/New Positions 1   

1 Consultants/New Positions shall disclose pursuant to the broadest disclosure category in the code (Category 1) subject to the following limitations:

The Director of the Department may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Nothing herein excuses any such consultant from any other provisions this Conflict of Interest Code.

Appendix B

Disclosure Categories

Category 1:

Each designated position in this category shall report:

Investments and business positions in business entities, and income (including the receipt of loans, gifts, and travel payments), from any source that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before, the Department.

* has been the subject of or participated in any legislation or rulemaking activity, any decision, order, or rule issued or enforced by the Department;

* is exempted from the provisions of the Knox-Keene Health Care Service Plan Act of 1975, as amended by rule of the Director;

* provides medical and health care services and supplies such as hospitals, medical groups, risk-bearing organizations (RBOs), independent practice associations (IPAs) pharmaceutical companies, retail pharmacies, surgical centers, and ambulance companies;

* filed or has pending, a grievance, complaint, or enforcement matter with the Department for whom you made or participated in making the decision, or influenced the outcome of the decision, regarding the grievance or complaint within the past 24 months;

* provided, serviced or installed goods, services, supplies, materials, machinery, equipment, telecommunications, information technology or consulting services utilized by the Department;

Category 2:

Each "designated position" in this category shall report:

Investments and business positions in business entities, and income (including the receipt of loans, gifts, and travel payments), from any source that provides medical a health care services and supplies such as hospitals, medical groups, risk-bearing organizations (RBOs), independent practice associations (IPAs), pharmaceutical companies, retail pharmacies, surgical centers, and ambulance companies.

Category 3:

Each designated position in this category shall report:

Investments and business positions in business entities, and income (including the receipt of loans, gifts, and travel payments), from any source that filed or has pending grievance, complaint, or enforcement matter with the employee's division for whom you made or participated in making the decision, or influenced the outcome of the decision, regarding the grievance or complaint within the past 24 months.

Category 4:

Each designated position in this category shall report:

Investments and business positions in business entities, and income (including the receipt of loans, gifts, and travel payments), from any source that has provided goods services, supplies, materials, machinery, equipment, telecommunications, or consulting services utilized by the employee's division.

Category 5:

Each designated positions in this category shall report:

Investments and business positions in business entities, and income (including the receipt of loans, gifts, and travel payments), from sources that has interests in commercial real property, used in the delivery of healthcare services administrated by the Department:

* has sources of income from commercial real property in which the Department has office;

* from any source that engages in land development, construction or the acquisition or sale of real property used in any way in the delivery or regulation of health care services administrated by the Department.

(1. New chapter 1, article 1 (section 1000), section and appendix filed 12-12-2001, including editorial renumbering of former chapter 1 to chapter 2; operative 1-11-2002. Approved by Fair Political Practices Commission 10-3-2001 (Register 2001, No. 50). 2. Amendment of division heading filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 33). 3. Change without regulatory effect amending chapter 1 heading, section and appendix disclosure category C(1)-(2) filed 11-21-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 47). 4. Amendment of Appendix filed 7-21-2003; operative 8-20-2003. Approved by Fair Political Practices Commission 5-12-2003 (Register 2003, No. 30). 5. Change without regulatory effect amending first paragraph filed 2-24-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 9). 6. Amendment of Appendix filed 2-3-2005; operative 3-5-2005. Approved by Fair Political Practices Commission 12-3-2004 (Register 2005, No. 5). 7. Repealer of section and Appendix and new section and appendices A and B filed 11-18-2015; operative 12-18-2015 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by Fair Political Practices Commission 10-28-2015 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2015, No. 47). 8. Amendment of section and Appendix A filed 4-6-2021; operative 5-6-2021 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by the Fair Political Practices Commission 11-12-2020 and submitted to OAL for filing and printing only pursuant to Government Code section 87311 (Register 2021, No. 15).)

Note: Authority cited: Section 1344, Health and Safety Code; Section 87300, Government Code. Reference: Sections 87300- 87302 and 87306, Government Code (the Political Reform Act).

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