BILL NUMBER: SB 1469 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE MAY 9, 2006
AMENDED IN SENATE APRIL 17, 2006
AMENDED IN SENATE MARCH 30, 2006
AMENDED IN SENATE MARCH 28, 2006
INTRODUCED BY Senator Cedillo
(Principal coauthor: Assembly Member Coto)
FEBRUARY 23, 2006
An act to add Section 14029.5 to the Welfare and Institutions
Code, relating to Medi-Cal eligibility.
LEGISLATIVE COUNSEL'S DIGEST
SB 1469, as amended, Cedillo Medi-Cal: eligibility: juvenile
offenders.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, and under
which qualified low-income persons receive health care benefits. The
Medi-Cal program is governed, in part, by federal Medicaid
provisions.
Existing law places specified juvenile offenders in county
juvenile detention facilities.
This bill , commencing May 1, 2007, would require a
county juvenile detention facility to provide specified information
relating to a ward of the county who is scheduled to be released
to a parent or guardian to the appropriate county
welfare department, and would require the county to initiate an
application and determine the individual's eligibility for the
Medi-Cal program, as specified. The bill would require the county
, if the ward is a minor, to give a parent or guardian the
opportunity to opt out of this eligibility determination. The bill
would require a county welfare department to provide sufficient
documentation to enable the ward to receive medical care upon his or
her release from custody, as specified.
This bill would require the department, by March 31, 2007,
in consultation with designated entities, to collaborate to
establish the protocols and procedures necessary to implement the
bill. The bill would require the department to implement its
provisions by means of all-county letters or similar instructions,
and thereafter, to adopt implementing regulations, as necessary. The
bill would require the department to seek any federal waivers
necessary for its implementation.
By increasing the duties of counties administering the Medi-Cal
program and of county juvenile detention facilities, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14029.5 is added to the Welfare and
Institutions Code, to read:
14029.5. (a) (1) Immediately Commencing
May 1, 2007, immediately following the issuance of an order
scheduling the release date of a ward from a county juvenile
detention facility into the custody of his or her parent or
guardian , the county juvenile detention facility shall
provide the appropriate county welfare department with the ward's
name, his or her scheduled or actual release date, and sufficient
information, when available, for the county welfare department to
begin the process of determining the ward's eligibility for benefits
under this chapter, including , if the ward is a minor,
contact information for the ward's parent or guardian, if available.
(2) Prior If the ward is a minor, prior
to providing information to the county welfare department
pursuant to paragraph (1), the county juvenile detention facility
shall notify the parent or guardian, in writing, of its intention to
submit the information required by that paragraph to the county
welfare department. The parent or guardian shall be given a
reasonable time to opt out of the Medi-Cal eligibility determination
provided for under this section, in which case the county juvenile
detention facility shall not comply with paragraph (1).
(3) For purposes of this section , "ward" means a
person in the custody of a county juvenile detention facility.
(b) (1) Within 45 days of receipt of the information described in
paragraph (1) of subdivision (a), the county welfare department shall
initiate an application and determine the individual's eligibility
for benefits under the Medi-Cal program. The county welfare
department shall promptly contact the parent or guardian to arrange
for completion of the application. The county shall expedite the
application of a ward who, according to the information provided
pursuant to paragraph (1) of subdivision (a), is scheduled to be
released in fewer than 45 days.
(2) If the county welfare department determines that the
individual does not meet the eligibility requirements for the
Medi-Cal program, the county welfare department shall forward the
individual's information to the appropriate entity to determine
eligibility for the Healthy Families Program, or other appropriate
health coverage program, as determined by the department.
(3) If the county welfare department determines that a ward meets
eligibility requirements for the Medi-Cal program, the county shall
provide sufficient documentation to enable the ward to obtain
necessary medical care upon his or her release from custody.
(c) By March 31, 2007, the department, in consultation with the
Chief Probation Officers of California and the County Welfare
Directors Association, shall collaborate to establish the protocols
and procedures necessary to implement this section, including, but
not limited to, all of the following:
(1) The suspension and resumption of coverage under the Medi-Cal
program as provided for in subdivision (a).
(2) Notification requirements on the part of the facility.
(3) Communication between the county welfare department, the minor'
s family, and the facility as may be necessary to determine continued
eligibility.
(4) Impacts on the eligibility of a minor's family, if eligible
for Medi-Cal at the time the minor becomes an inmate of an
institution.
(5) How and in what form counties or the department will provide a
beneficiary card or other official communication that eligibility
will be reinstated upon the minor's release.
(6) Any needed changes to applicable regulations and policies.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions, without taking any further
regulatory action. Thereafter, the department shall adopt
regulations, as necessary, to implement this section in accordance
with the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(e) The department shall seek any federal waivers necessary for
the implementation of this section.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.