Cal. Code Regs. Tit. 10, § 6400 - General Provisions

Current through Register 2022 Notice Reg. No. 16, April 25, 2022

The Political Reform Act (Government Code Sections 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 (2 Cal.Code of Regs. Sec. 18730 ) that 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, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the California Health Benefit Exchange "Exchange".

Designated employees shall file statements of economic interest with the Exchange. The Exchange shall make the statements available for public inspection and reproduction. (Government Code Section 81008). Upon receipt of the statements of Members of the Board and the Executive Director, the Exchange shall make and retain a copy and forward the original to the Fair Political Practices Commission. Members of the Board and the Executive Director may file electronically with the Fair Political Practices Commission. Statements for all other designated employees will be retained by the Exchange.

APPENDIX A - DESIGNATED POSITIONS

DESIGNATED POSITION DISCLOSURE CATEGORY
COVERED CALIFORNIA BOARD
Board Members 1
EXECUTIVE OFFICE
Executive Director 1
General Counsel 1
Chief Deputy Executive Directors 1
Deputy Chief Operations Officer 1
Director 1
Deputy Director 1
Staff Services Manager 1 Specialist 2
EQUAL EMPLOYMENT OPPORTUNITY
Equal Opportunity Officer 1
Staff Services Manager I Specialist 1
OFFICE OF LEGAL AFFAIRS
Director 1
All Attorneys 1
Staff Service Manager II 1
OFFICE OF THE OMBUDS
Director 1
CUSTOMER CARE DIVISION
Director 1
Staff Services Manager II 1
INFORMATION TECHNOLOGY DIVISION
Chief Information Officer 1
Deputy, Chief Information Officer 1
Chief Technology Officer I 1
Chief, Data Management & Analytics 1
Chief, Network, Server and Cloud OPS 1
Information Security Officer 1
Lead Project Manager 1
Lead Business Specialist 1
Information Technology Manager II 1
Enterprise Project Management 1
Chief, Project Management and Business Analyses 1
Senior Network Engineers 2
Security Analyst 2
POLICY, ELIGIBILITY, AND RESEARCH DIVISION
Director 1
Associate Director 1
Staff Services Manager III 1
Staff Services Manager II (Supervisory) 1
Federal Policy Specialist 1
EXTERNAL AFFAIRS
Director 1
FINANCIAL MANAGEMENT DIVISION
Director 1
Deputy Director 1
Chief of Financial Planning 1
Staff Services Manager III 1
Budget Officer 2
BUSINESS SERVICES BRANCH
Deputy Director 1
Assistant Deputy Director 1
Procurement Officer 1
Procurement Analyst 1
Contract Manager 1
Contract Analyst 1
Special Projects Liaison 1
Special Projects, AGPA 1
Admin/Special Projects Manager 1
Procurement, Staff Services Manager I 1
HUMAN RESOURCES BRANCH
Deputy Director 1
Assistant Deputy Director 1
Labor Relations Manager 2
Labor Relations Officer 2
Labor Relations Specialist 2
Talent Acquisition Manager 2
Performance & Disability Section Chief 2
PLAN MANAGEMENT DIVISION
Director 1
Deputy Director 1
Chief Medical Officer 1
Medical Director 1
Pharmaceutical Consultant 1
Lead Plan Manager 1
Plan Manager 1
Contract Manager 1
Lead Certification Program Specialist 1
Staff Services Manager II, Carrier Management 1
Staff Services Manager II, Analytics and Informatics 1
Staff Services Manager II (Managerial), Population Care 1
OUTREACH AND SALES DIVISION
Director 1
Deputy Director 1
Staff Services Manager III 1
Research Data Specialist II 2
Agent Team Manager 1
Certification Services Manager 1
Analytics Manager 1
Account Services Section Manager 2
RANCHO CORDOVA SERVICE CENTER
Director 1
Deputy Director 1
Staff Services Manager III 1
Appeals Section Manager 1
Appeals Manager 2
FRESNO SERVICE CENTER
Staff Services Manager III 1
SERVICE CENTER SUPPORT SERVICES
Staff Services Manager III 1
PROGRAM INTEGRITY DIVISION
Director 1
Staff Services Manager III 1
Staff Services Manager II 2
Quality Review Auditor 1
Health Program Specialist I, Fraud and Risk Lead 1
Senior Program Manager 2
COMMUNICATIONS AND PUBLIC RELATIONS
Director 1
Staff Services Manager II 1
Staff Services Manager I 2
MARKETING DIVISION
Director 1
Deputy Director 1
Staff Services Manager III 1
Staff Services Manager II 1
Staff Services Manager II (Managerial), Division Consultant 1
COVERED CALIFORNIA UNIVERSITY
Deputy Director 1
Assistant Deputy Director 1
Staff Services Manager II 2
Operations Manager 2
Consultants/New positions *

* Consultants/New Positions and individuals serving in new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:

The Executive Director may determine in writing that a particular consultant/new position, 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 described in this section. Such written determination shall include a description of the duties and, based on that description, a statement of the extent of the disclosure requirements. The Executive 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. (Government Code Sec. 81008 ).

APPENDIX B - Disclosure Categories

1. Designated employees shall disclose all investments and business positions in business entities, and income, including gifts, loans and travel payments, from the following:

* Health insurance carriers.

* Health insurance agents or brokers.

* Health care providers.

* Health care facilities or health clinics.

* Pharmaceutical companies.

* Medical device or equipment manufacturers or distributors.

* Pharmacy benefit management companies.

* Third party administrators (health claims only)

* Trade associations of health insurance carriers, health insurance agents or brokers, health care providers, health care facilities or health clinics, pharmaceutical companies, and medical device or equipment manufacturers or distributors.

* Non-profit foundations formed or funded by health insurance carriers or any other health care entities listed herein.

* Organizations representing individuals with specific medical conditions.

* Information technology consulting firms.

* Sources of the type to provide goods, equipment, materials, supplies, and information technology or telecommunication products to the California Health Benefit Exchange.

* Sources of the type to provide personal services to the California Health Benefit Exchange, including, but not limited to, health care and insurance research consulting firms.

* Sources of the type to receive funding from or through the California Health Benefit Exchange.

2. Designated employees shall disclose investments and business positions in business entities, and sources of income, which provide goods, equipment, materials, supplies, and information technology or telecommunication products of the type used by the California Health Benefit Exchange.

Notes

Cal. Code Regs. Tit. 10, § 6400

Note: Authority cited: Sections 87302, 87302.6, 87303, 87306, 87307, 87309, 87310 and 87311, Government Code; and Sections 18730 and 18750, title 2, California Code of Regulations. Reference: Sections 18730 and 18750, title 2, California Code of Regulations.

1. New chapter 12 (article 1, section 6400 ) and article 1 (section 6400 and Appendices A and B) filed 4-9-2012; operative 5-9-2012. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 2-29-2012 (Register 2012, No. 15).
2. Repealer of section, Appendix A and Appendix B and new section, Appendix A and Appendix B filed 2-5-2020; operative 3-6-2020 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 1-29-2020 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(d) (Register 2020, No. 6).

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