BILL NUMBER: AB 367 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Members Galgiani and Audra Strickland
FEBRUARY 23, 2009
An act to amend Section 16531.1 of the Government Code, and to
repeal Section 14041.1 of the Welfare and Institutions Code, relating
to Medi-Cal, and making an appropriation
therefor therefor, and declaring the urgency thereof,
to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 367, as amended, Galgiani. Medi-Cal: HIV drug treatment:
developmental services: provider reimbursement.
Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons.
Existing law creates the continuously appropriated Medical
Providers Interim Payment Fund, for the purposes of paying Medi-Cal
providers, providers of drug treatment services for persons infected
with HIV, and providers of services for the developmentally disabled,
on and after July 1, and before September 1, of the fiscal year for
which a budget has not yet been enacted or there is a deficiency in
the Medi-Cal budget in any fiscal year, and appropriates, for each
fiscal year in which these payments are necessary, up to
$1,000,000,000 from the General Fund, in the form of loans, and
$1,000,000,000 from the Federal Trust Fund to the Medical Providers
Interim Payment Fund.
This bill would, instead, provide that these transfers to the
Medical Providers Interim Payment Fund shall be in an amount
sufficient to make continued payments to the above-described
providers on or after July 1 of the fiscal year for which no
budget has been enacted until the date upon which a budget is enacted
for that year or when there is a deficiency in the Medi-Cal budget
. To the extent that the bill would increase the amount
transferred into a continuously appropriated fund, this bill would
make an appropriation.
Under existing law, notwithstanding any other provision of law,
and to the extent not otherwise conflicting with federal law, the
department is authorized to hold, or direct the medical fiscal
intermediary for the Medi-Cal program to hold, payments for Medi-Cal
providers, as described, for a period of one month for a month ending
prior to June 30, 2009.
This bill would delete the above provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16531.1 of the Government Code is amended to
read:
16531.1. (a) Notwithstanding any other provision of law and
without regard to fiscal year, if the annual State Budget is not
enacted by June 30 of any fiscal year preceding the fiscal year to
which the budget would apply or there is a deficiency in the Medi-Cal
budget during any fiscal year, both of the following shall occur:
(1) (A) The Controller shall transfer from the General Fund, in
the form of one or more loans, an amount sufficient to make continued
payments to Medi-Cal providers, providers of services under Chapter
6 (commencing with Section 120950) of Part 4 of Division 105 of the
Health and Safety Code, and providers of services under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code,
to the Medical Providers Interim Payment Fund, which is hereby
created in the State Treasury. Notwithstanding Section 13340, the
Medical Providers Interim Payment Fund is hereby continuously
appropriated without regard to fiscal year for the purpose of making
payments in either of the following ways:
(i) On or after July 1 of the fiscal year for which no budget has
been enacted, and until the date upon which a budget is enacted for
that year, to Medi-Cal providers, providers of services under Chapter
6 (commencing with Section 120950) of Part 4 of Division 105 of the
Health and Safety Code, and providers of services under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code.
(ii) During the period in which the Medi-Cal program has a
deficiency, to Medi-Cal providers.
(B) Payments shall be made pursuant to this subdivision if both of
the following conditions have been met:
(i) An invoice has been submitted for the services.
(ii) Payment for the services is due and payable and the State
Department of Health Care Services determines that payment would be
valid.
(2) For any fiscal year to which this subdivision applies, there
is hereby appropriated an amount of money that is sufficient to make
additional continued payments to the providers described in paragraph
(1) of subdivision (a) on or after July 1 of the fiscal year in
which no budget has been enacted and until the date upon which a
budget is enacted for that year, or during the period in which the
Medi-Cal program has a deficiency, from the Federal Trust Fund to the
Medical Providers Interim Payment Fund.
(b) Upon the enactment of the annual Budget Act or a deficiency
bill in any fiscal year to which subdivision (a) applies, the
Controller shall transfer all expenditures and unexpended funds in
the Medical Providers Interim Payment Fund to the appropriate Budget
Act item.
(c) The amount of any loan made pursuant to subdivision (a) and
for which moneys were expended from the Medical Providers Interim
Payment Fund shall be repaid by debiting the appropriate Budget Act
item in accordance with the procedure prescribed by the Department of
Finance.
SEC. 2. Section 14041.1 of the Welfare and Institutions Code is
repealed.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to immediately protect those California residents who
rely on Medi-Cal providers to deliver health care services in a
continuous manner, including individuals receiving services from
providers who care for the elderly, persons with disabilities,
including those with developmental disabilities, and persons infected
with HIV who depend on providers of drug treatment services, by
ensuring that the providers of these important services continue to
receive state funding, it is necessary that this act take effect
immediately.