Report 2010-103R Recommendation 2 Responses

Report 2010-103R: Department of Public Health: It Faces Significant Fiscal Challenges and Lacks Transparency in Its Administration of the Every Woman Counts Program (Release Date: July 2010)

Recommendation #2 To: Health Care Services, Department of

To ensure better public transparency and accountability for how the EWC program is administered, Public Health should comply with state law to develop regulations, based on input from the public and interested parties, that will direct how Public Health administers the EWC program. At a minimum, such regulations should define the eligibility criteria for women seeking access to EWC screening services.

Annual Follow-Up Agency Response From October 2016

At this time, DHCS, EWC program continues to cooperate with DHCS Office of Legal Services to appropriately review procedural requirements for developing EWC Regulation Package DHCS 12-006E. Program refers to their Breast and Cervical Cancer Advisory Council on specific substantive rules essential to ensuring public health, safety, and the general welfare of California's women. Corresponding with the Administrative Procedure Act (APA), EWC continues to integrate the APA Emergency Regulation provisions. Program has completed major steps towards adding the required documentation to the regulation package. However, EWC has not completed the regulation package yet due to major revision of the entire package we prepared last year. We have revised each proposed regulation section, including the provider enrollment forms, clinical guidance sections, and eligibility requirements to conform to the CDC and National Breast and Cervical Cancer Screening provisions and current Affordable Care Act policies.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From October 2015

No update

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From October 2014

At this time, the Department of Health Care Services (DHCS), EWC program continues to cooperate with DHCS Office of Regulations and Office of Legal Services to appropriately review procedural requirements, for developing EWC Regulation Package DHCS-12-006E. Program refers to their Breast and Cervical Cancer Advisory Council on specific substantive rules essential to ensuring public health, safety, and the general welfare of California's women. Corresponding with the Administrative Procedure Act, EWC continues to integrate the APA Emergency Regulation provisions. Program has completed major steps that comprises of the required documentation to ensure promulgating regulations. A target date to implement EWC Emergency Regulations is scheduled for December 2014.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From November 2013

At this time, DHCS/EWC program continues to cooperate with DHCS Office of Regulations and Office of Legal Services to appropriately review procedural requirements, for developing regulation package DHCS-12-006E. See DHCS 2013-Rule Making Calendar (Attachment 1). A target date to implement EWC Emergency Regulations is scheduled for September 2014. See attached EWC Regulations Timeline (Attachment 2). EWC consults with the Breast and Cervical Cancer Advisory Council (BCCAC) on specific substantive rules essential to ensuring public health, safety, and the general welfare of California's women. See the December 5, 2012, EWC Regulations Review Webinar PowerPoint Presentation (Attachment 3) and December 2012 Draft Regulations Text (Attachment 4) that was presented to BCCAC members and EWC stakeholders. Corresponding with the Administrative Procedure Act, EWC continues to integrate step-by-step Emergency Regulation provisions. Program has completed major steps that comprise researching, evaluating program authority and standards, and other required documentation to ensure promulgating regulations. EWC respectfully submits the July 2013 Draft Regulations Text (Attachment 5) and Draft Initial Statement of Reasons (Attachment 6) as evidence of progress towards promulgation of program regulations.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From October 2012

At this time, the Department of Health Care Services (DHCS), EWC program is intently collaborating with the DHCS Office of Regulations and Office of Legal Services to develop regulation package DHCS-12-006E (Please note: Effective July 1, 2012 EWC formally transitioned to DHCS). EWC is determining what specific substantive rules are necessary to ensure public health, safety and general welfare of California's women. Program is following a specific DHCS step-by-step Emergency Regulation process. In addition, EWC is researching and evaluating program authority, standards, and other reference documentation necessary for promulgating regulations. A target date to implement EWC Emergency Regulations is scheduled for June of 2013. Currently, draft regulation articles are not available for public comment, and a date has not yet been determined.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

All Recommendations in 2010-103R

Agency responses received after June 2013 are posted verbatim.