(a) Upon appropriation by the Legislature of funds for this purpose, the department shall establish a clinic workforce stabilization retention payment program to provide funds to eligible qualified clinics to make retention payments to their eligible employees for the public purposes specified in Section 14199.70. To the extent any appropriated funds remain after the department has distributed funds to eligible qualified clinics for employee retention payments pursuant to this article, those excess funds shall be used for qualified clinic workforce training as specified in subdivision (h).

(b) The department shall determine the conditions and data reporting requirements for qualified clinics to be eligible to receive funds. Within 90 days of the effective date of the act that added this article, the department shall notify all qualified clinics of those conditions and requirements, as well as the relevant portions of this article, including, but not limited to, the date of record set by the department, the information qualified clinics are required to submit pursuant to subdivision (c), the methodology for calculation of funds to be distributed pursuant to subdivision (d), how to pay retention payments pursuant to subdivision (e), and the consequences of noncompliance pursuant to Section 14199.74.

(c) (1) Each qualified clinic that intends to request funding shall submit the following information to the department no later than 30 days after the date of record:

(A) The name and mailing address of each eligible employee.

(B) The employee’s professional license, certification, or registration, if applicable.

(C) Any other information as required by the department for purposes of implementing this article.

(2) The possession of a professional license, certification, or registration is not required for an employee to be eligible for a payment. All eligible employees, as defined in subdivision (c) of Section 14199.71, are eligible to receive payments.

(3) The information required by this section shall include an attestation, made under penalty of perjury, that the qualified clinic employee did not receive funds pursuant to the Hospital and Skilled Nursing Facility COVID-19 Retention Pay program set forth in Part 4.6 (commencing with Section 1490) of Division 2 of the Labor Code.

(d) The department shall distribute funds to each eligible qualified clinic based on the total number of eligible employees reported pursuant to subdivision (c). The amount of the payment shall be up to one thousand dollars ($1,000) per eligible employee, subject to available funding, and reduced on a pro rata basis if the requests exceed the amount of funds available. The department may distribute these funds to eligible qualified clinics using the existing Medi-Cal Checkwrite system.

(e) Within 60 days of receipt of funds from the department, a qualified clinic shall pay eligible employees a retention payment in the amount of up to one thousand dollars ($1,000) if no pro rata reduction is made pursuant to subdivision (d), or the pro rata reduced amount if a pro rata reduction is made pursuant to subdivision (d). An eligible employee who leaves employment between the date of record and the date a qualified clinic pays retention payments shall not be eligible for retention payments. Each qualified clinic that receives funds shall attest, in a form and manner specified by the department, and under penalty of perjury, that all funding received pursuant to this section, with the exception of any funding requested for eligible employees who left employment after the date of record, was provided to eligible employees within 60 days of receipt from the department. Each qualified clinic that receives funds shall immediately return to the department any funding received pursuant to this section that is not distributed within the timeline set forth in this subdivision, including funds that the department provided for eligible employees who left employment after the date of record.

(f) The department shall post on its internet website the amount each clinic site received, and the total number of eligible employees reported by each clinic pursuant to subdivision (c).

(g) A qualified clinic shall not use retention payment funding to supplant other payments from the qualified clinic to eligible employees.

(h) Upon the order of the Director of Finance, any retention payment funding returned pursuant to subdivision (e) or unexpended funds left over from the appropriation included for this purpose in Item 4260-101-0001 of the Budget Act of 2022 after issuance of funding pursuant to subdivision (d), shall be transferred to Item 4140-101-0001 and shall be available for expenditure or encumbrance through June 30, 2028, to fund workforce development programs that support primary care in clinics, which may include teaching health center residency programs, the State Loan Repayment Program, the Allied Healthcare Scholarship Program, the Allied Healthcare Loan Repayment Program, nurse practitioner postgraduate workforce training slots, or physician assistant postgraduate workforce training slots.

(Added by Stats. 2022, Ch. 738, Sec. 19. (AB 204) Effective September 29, 2022.)