BILL NUMBER: SB 1360	CHAPTERED  09/09/04

	CHAPTER  395
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE SENATE  AUGUST 17, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	AMENDED IN ASSEMBLY  JULY 2, 2004
	AMENDED IN ASSEMBLY  JUNE 24, 2004
	AMENDED IN ASSEMBLY  JUNE 22, 2004
	AMENDED IN ASSEMBLY  JUNE 8, 2004

INTRODUCED BY   Senators Brulte and Escutia

                        FEBRUARY 18, 2004

   An act to add Section 14107.12 to the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1360, Brulte.  Rewards for information:  health services:
Medi-Cal.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and other low-income persons.
   This bill would authorize the Department of Justice to pay a
reward for information leading to the recovery of not less than $100
in funds paid for services or goods rendered under the Medi-Cal
program due to an act or omission by an individual or entity from
which recovery is sought and that is the basis of a conviction of a
Medi-Cal provider of services or goods in violation of certain
criminal statutes within the jurisdiction of the Bureau of Medi-Cal
Fraud and Elder Abuse.
   Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program and other social services
programs under which each county provides cash assistance and other
benefits to qualified low-income families and individuals.  Existing
law provides for the federal Food Stamp Program, under which each
county distributes food stamps provided by the federal government to
eligible households.  Under existing law, certain counties may elect
to participate in the County Medical Services Program for the state
administration of health care services to eligible persons in the
county.
   This bill, subject to necessary federal approval, would provide
for an income disregard for reward payments made pursuant to the bill
for purposes of determining eligibility for any Medi-Cal program,
the CalWORKs program, the Food Stamp Program, the County Medical
Services Program, and any other means-tested public benefit program
for which California has authority to establish the rules for
determining eligibility.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14107.12 is added to the Welfare and
Institutions Code, to read:
   14107.12.  (a) The Department of Justice may pay, pursuant to
subdivision (d), from funds recovered by the Department of Justice,
and only to the extent that the money may be used for this purpose, a
reward to any person who furnishes information leading to the
recovery of not less than one hundred dollars ($100) of public funds
paid for services or goods rendered under the Medi-Cal program due to
an act or omission by a individual or entity from which recovery is
sought and that is the basis of a conviction of a Medi-Cal provider
of services or goods in violation of any statutory criminal
prohibition within the jurisdiction of the Bureau of Medi-Cal Fraud
and Elder Abuse pursuant to Section 12528 of the Government Code.
   (b) No reward shall be paid for information under this section
unless the information relates to the specific activities of a
specific individual or entity, and specifies the time period during
which the prohibited activities occurred.
   (c) No reward shall be paid under this section to a federal,
state, or local public employee or any individual contracting with a
state or local agency for information discovered by the employee
during the course of his or her duties as a federal, state, or local
agency employee or pursuant to a contract with that agency.
   (d) The amount of a reward under this section shall be determined
by the Department of Justice, and shall not exceed 10 percent of the
restitution recovered or one thousand dollars ($1,000), whichever is
less.  No reward shall be paid until all recoverable funds have been
collected from the individual or entity convicted of a violation of
statutory prohibitions listed in subdivision (a).
   (e) A determination by the Department of Justice of the
eligibility of an individual to receive a reward, the amount and
appropriateness of a reward under this section, and the timing of the
payment of the reward shall be deemed to be final and shall not be
subject to administrative appeal or judicial review.
   (f) Subject to subdivision (g), payments made under authority of
this section shall be disregarded for purposes of determining
eligibility for any Medi-Cal program, for the CalWORKs program, for
the Food Stamp Program, for the County Medical Services Program, and
for any other means-tested public benefit program for which
California has authority to establish the rules for determining
eligibility.
   (g) The income disregard described in subdivision (f) shall not be
effective, with respect to an identified program, until the first
day of the third month from the month in which any necessary federal
approval is obtained.  The income disregard provided for in
subdivision (f) shall only be implemented to the extent that federal
financial participation is obtained.