BILL NUMBER: AB 217	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beall

                        FEBRUARY 3, 2009

   An act to add Article 5.4 (commencing with Section 14180) to
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, relating to Medi-Cal.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 217, as introduced, Beall. Medi-Cal: alcohol and drug screening
and brief intervention services.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
   This bill would establish the Medi-Cal Alcohol and Drug Screening
and Brief Intervention Services Program, which would be administered
by the department, in consultation with the State Department of
Alcohol and Drug Programs, for the purpose of increasing the state's
ability to make available alcohol and drug screening and brief
intervention services to Medi-Cal beneficiaries. The bill would
require a public entity that participates in the program to provide
specified evidence and data to the department relating to the
certified expenditures, as provided, and would require the department
to promptly seek any necessary federal approvals for the
implementation of the program.
   The bill would provide that participation in the program would be
voluntary for a Medi-Cal beneficiary. The bill would also require the
fact of whether a beneficiary participates in the program, and the
results of any screening done under the program, to be maintained in
the beneficiary's confidential medical records, as provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Screening and brief intervention for alcohol and other drug
abuse, in emergency rooms, primary care centers, clinics, and other
settings, have been demonstrated to be valuable and effective tools
in the prevention, interruption, and treatment of alcohol and other
drug abuse.
   (b) Alcohol and drug screening and brief intervention services
should be readily available to patients in emergency rooms, primary
care centers, clinics, and other appropriate settings, without regard
to the manner of payment for emergency services.
   (c) Potential incentives and disincentives to the delivery of
alcohol and drug screening and brief intervention services should be
aligned to reduce the risk of discrimination to patients based on
ability to pay and to reduce the risk of distraction of health care
providers by these determinations.
   (d) The use of available federal and other funds to support the
delivery of alcohol and drug screening and brief intervention
services should be maximized.
  SEC. 2.  Article 5.4 (commencing with Section 14180) is added to
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, to read:

      Article 5.4.  Medi-Cal Alcohol and Drug Screening and Brief
Intervention Services Program


   14180.  This article shall be known and may be cited as the
Medi-Cal Alcohol and Drug Screening and Brief Intervention Services
Program.
   14180.1.  For purposes of this article, the following definitions
shall apply:
   (a) "Department" means the State Department of Health Care
Services.
   (b) "Public entity" means a county, or other local governmental
entity designated by the department, that elects to provide or
contract for alcohol and drug screening and brief intervention
services for Medi-Cal beneficiaries pursuant to this article.
   14180.2.  (a) The Medi-Cal Alcohol and Drug Screening and Brief
Intervention Services Program is hereby established.
   (b) The department, in consultation with the State Department of
Alcohol and Drug Programs, shall administer the program for the
purpose of increasing the state's ability to make available alcohol
and drug screening and brief intervention services for Medi-Cal
beneficiaries.
   14180.3.  (a) The department shall administer this article in
accordance with the certified public expenditure requirements
described in Section 433.51 of Title 42 of the Code of Federal
Regulations, or any successor thereto, in certifying that the claimed
expenditures for alcohol and drug screening and brief intervention
services for Medi-Cal beneficiaries are eligible for federal
financial participation. The department shall do all of the following
in accordance with administering this provision:
   (1) Provide evidence supporting the certification, as specified by
the department.
   (2) Submit data, as specified by the department, to determine the
appropriate amounts to claim as expenditures qualifying for federal
financial participation.
   (3) Keep, maintain, and have readily retrievable, any records
specified by the department to fully disclose reimbursement amounts
to which the eligible public entity is entitled, and any other
records required by the federal Centers for Medicare and Medicaid
Services.
   (b) The nonfederal share of expenditures submitted to the federal
Centers for Medicare and Medicaid Services for purposes of claiming
federal financial participation shall be comprised of only those
funds that are paid by a public entity, as defined in subdivision (b)
of Section 14180.1, and certified in accordance with subdivision
(a).
   (c) In administering this article, the department shall do all of
the following:
   (1) Promptly seek any necessary federal approvals for the
implementation of this article.
   (2) Submit claims for federal financial participation for the
expenditures for the services described in subdivision (a) that are
allowable expenditures under federal law.
   (3) Submit, on an annual basis, any necessary materials to the
federal government to provide assurances that claims for federal
financial participation will include only those expenditures that are
allowable under federal law.
   (d) Upon receipt of the federal reimbursement for the claim, the
department shall provide the reimbursement to the public entity for
which the claim was submitted.
   (e) The department may implement, interpret, and make specific
this article by means of all county letters, provider bulletins, and
similar instructions.
   (f) Participation in the screening and intervention program
established pursuant to this article shall be voluntary for a
Medi-Cal beneficiary. Participation in the program, and results of
the screening, shall be maintained in the beneficiary's confidential
medical records, and subject to all confidentiality requirements
applicable to medical records.
   14180.4.  This article shall be implemented only if, and to the
extent that, federal funds are available for this purpose.