§ 1300.43.14. Employee Assistance Programs
(a) A health care service plan which, pursuant to a contract with an employer, labor union or licensing board within the Department of Consumer Affairs, consults with employees, members of their families or licensees of such board to identify their health, mental health, alcohol and substance abuse problems and refer them to health care providers and other community resources for counseling, therapy or treatment, is exempt from the provisions of the Act (other than Sections 1360, 1360.1, 1368 and 1381, relating to advertising, client grievance procedures and the inspection of records by the Director) if the plan complies with each of the following provisions, and the contracts of a licensed health care service plan are exempt from the provisions of the Act if they comply with each of the following provisions:
(1) The plan has filed a notice with the Director as provided in subsection (c) within the preceding 24 months.
(2) The purpose of the contract, insofar as it relates to the provision of services to clients is either
(A) to maintain or improve employee efficiency through identification and referrals for counseling, treatment or therapy, in connection with personal problems affecting employee performance and the contract does not provide for counseling, treatment or therapy with respect to health, mental health, alcohol or substance abuse problems or
(B) to identify alcohol and substance abuse problems or mental health or health problems of DCA licensees and refer them to appropriate health care providers or organizations for treatment, and the plan does not provide for counseling, treatment or therapy with respect to health, mental health, alcohol or substance abuse problems.
(3) No client or member of his or her family, directly or indirectly shall pay any prepaid or periodic charge under the contract or pay any copayment, fee or other charge for any service rendered under the contract in connection with a health, mental health, alcohol or substance abuse problem. The payment of regular union dues by an employee, a license fee by a DCA licensee, or of a benefit payment by an employer on behalf of an employee and members of the employee's family which does not affect the employee's compensation or other benefits is not a "prepaid or periodic charge" for the purpose of this subsection.
(4) If such plan, its employees or contracting consultants, or an affiliate of any of the foregoing, has a financial interest in referrals made under the contract in connection with a health, mental health, alcohol or substance abuse problem, such person prior to making any such referral shall disclose to the contracting employer, union or state licensing agency and to the person who is referred, the existence of such financial interest; provided that neither the plan nor its employees shall receive any payment, fee or commission directly or indirectly from any person to whom an employee, licensee or family member is referred for counseling, treatment or therapy. The disclosure requirement to the employer may be a single blanket disclosure provided it identifies the providers to which referrals will be made and identifies the financial interest involved.
(5) The number of sessions with any client under the contract shall not exceed 3 within any six month period.
(6) Except as otherwise provided in Division 2 (commencing with Section 500) of the Business and Professions Code, the plan shall maintain a record for a period of not less than two years of each session with a client concerning a health, mental health, alcohol or substance abuse problem, and each consultation excluded from the definition of "session." The record shall include the name of or identifier for the client, the date and purpose of the session and the outcome if any, including the name of the provider to which the client was referred. The employee assistance program contracts and the records specified pursuant to subparagraph (6) shall be available for inspection by the Director as provided in Section 1381 of the Act.
(7) The plan and the personnel, facilities and equipment of the plan, including that employed under contract, shall be licensed or certified when required by applicable law and persons engaged in identification and referral who are not licensed under Division 2 of the Business and Professions Code shall be certified by any of the following organizations:
(A) Any organization accredited by the National Commission for Accreditation of Alcohol/Drug Abuse Counselors' Credentialing Bodies, Inc.
(B) Alcoholism Council of California.
(C) California Association of Alcoholism and Drug Abuse Counselors.
(D) Association of Labor-Management Administrators and Consultants on Alcoholism.
(8) Unless the plan is licensed under the Act, no prepaid fees shall be collected more than 45 days in advance.
(b) For the purposes of this section the following definitions apply:
(1) "Client" means the employee, the employee's family member, the DCA licensee or other person eligible for the services provided under the plan contract.
(2) "DCA licensee" means a licensee of the Department of Consumer Affairs.
(3) "Session" means any in-person or telephone consultation with the client in connection with the client's health, mental health, alcohol or substance abuse problems, excluding a consultation that occurs in an acute emergency situation, a consultation after referral for motivation or re-referral or a consultation due to a management, state licensing agency or union request for information or assessment regarding work performance issues.
(c) The notice specified in subsection (a)(1) shall be in the following form and contain the information specified below:
DEPARTMENT OF MANAGED HEALTH CARE STATE OF CALIFORNIA NOTICE OF EMPLOYEE ASSISTANCE PROGRAM EXEMPTION RULE 1300.43.14, KNOX-KEENE HEALTH CARE SERVICE PLAN ACT () Original Notice () Amendment to Notice Dated __________
The person/entity named in Item 1 below files this notice/amended notice claiming the exemption pursuant to Rule 1300.43.14 under the Knox-Keene Health Care Service Plan Act:
1.Legal name of person or entity filing this notice: __________
2.Address of principal office, and if different, mailing address: __________ __________
3.Fictitious names used in connection with the operation of employee assistance programs (if none, so specify): __________
4.Identify each location at which the plan maintains records subject to inspection by the Director under Rule 1300.43.14(a)(6) (if space is insufficient, continue on separate sheet): __________ __________ __________
5.Name, title, address and telephone number of representative who may be contacted concerning this notice:
6.The person/entity filing this notice declares hereby that it is in compliance with the provisions of Rule 1300.43.14, and undertakes to amend this notice within 30 calendar days of any material change in the information specified in its current notice as filed with the Director of the Department of Managed HealthCare.
Date of Notice __________ (Name of Person/Entity Filing Notice) __________ __________ (Signature of Authorized Officer) __________ (Printed Name and Title of Signatory) Verification:
I certify (or declare) under penalty of perjury under the laws of the State of California that I have read this Notice and its attachments thereto and know the contents thereof and that the statements therein are true and correct. Executed at ____________________ on ____________ (City and State) (Date) __________ (Signature)(1. New section filed 6-12-87; operative 6-12-87 (Register 87, No. 28). 2. Change without regulatory effect amending section filed 4-4-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 14). 3. Change without regulatory effect amending subsections (a)-(a)(1), (a)(6) and (c) filed 7-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 29). 4. Change without regulatory effect amending subsection (c) -form filed 11-21-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 47).)
Note: Authority cited: Section 1344, Health and Safety Code. Reference: Section 1343, Health and Safety Code.
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