BILL NUMBER: AB 1864	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Audra Strickland and Galgiani

                        FEBRUARY 12, 2010

   An act to amend Section 16531.1 of the Government Code, relating
to Medi-Cal, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1864, as introduced, Audra Strickland. 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 transfers or
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.
   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 
annually  transfer from the General Fund, in the form of one
or more loans, an amount  not to exceed a cumulative total
of one billion dollars ($1,000,000,000) in any fiscal year, to the
Medical Providers Interim Payment Fund, which is hereby created in
the State Treasury. Notwithstanding Section 13340 of the Government
Code, the Medical Providers Interim Payment Fund is hereby
continuously appropriated for the purpose of making  
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,  on or after July
1 of the fiscal year for which no budget has been enacted and before
September 1 of that year or for the purpose of making 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, during the
period in which the Medi-Cal program has a deficiency. Payments shall
be made pursuant to this subdivision if both   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  conditions have been met:
  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:  
   (A) 
    (i)  An invoice has been submitted for the services.

   (B) 
    (ii)  Payment for the services is due and payable and
the State Department of Health Services determines that payment would
be valid.
   (2) For any fiscal year to which this subdivision applies, there
is hereby appropriated  the sum of one billion dollars
($1,000,000,000)   an amount of money that is sufficient
to make additional continued payments to the providers described in
paragraph (1) 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.