BILL NUMBER: AB 2477	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 19, 2010

   An act to repeal and amend Section 14005.25 of the Welfare and
Institutions Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2477, as introduced, Jones. Medi-Cal: continuous eligibility.
   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. The
Medi-Cal program is partially governed and funded under federal
Medicaid provisions.
   Existing law, until July 1, 2012, requires the department, subject
to the availability of federal financial participation, to exercise
a federal option to expand continuous eligibility to children 19
years of age and younger for 6 months, after which date the
continuous eligibility period shall be from the date of a
determination of eligibility to the earlier of either the end of a
12-month period following the eligibility determination or the date
the child exceeds 19 years of age.
   Existing law provides that the provisions limiting continuous
eligibility to 6 months shall be inoperative from March 27, 2009,
until the date the Director of Health Care Services executes a
declaration specifying that increased federal financial participation
is no longer available pursuant to the federal American Recovery and
Reinvestment Act of 2009 (ARRA). Existing law provides that during
period in which the provisions limiting continuous eligibility to 6
months are inoperative, the continuous eligibility period shall be
from the date of a determination of eligibility to the earlier of
either the end of a 12-month period following the eligibility
determination or the date the child exceeds 19 years of age.
   This bill would delete the above-described provisions in effect
until July 1, 2012. This bill would delete the delayed operative date
of July 1, 2012, for the above-described provisions that provide
that the continuous eligibility period shall be from the date of a
determination of eligibility to the earlier of either the end of a
12-month period following the eligibility determination or the date
the child exceeds 19 years of age, thereby making those provisions
operative on and after January 1, 2011.
   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.  Section 14005.25 of the Welfare and Institutions Code,
as amended by Section 1 of Chapter 24 of the 3rd Extraordinary
Session of the Statutes of 2009, is repealed. 
   14005.25.  (a)  To the extent federal financial participation is
available, the department shall exercise the option under Section
1902(e)(12) of the federal Social Security Act (42 U.S.C. Sec. 1396a
(e)(12)) to extend continuous eligibility to children 19 years of age
and younger. A child shall remain eligible pursuant to this
subdivision from the date of a determination of eligibility for
Medi-Cal benefits until the earlier of either:
   (1)  The end of a 12-month period following the eligibility
determination.
   (2)  The date the individual exceeds the age of 19 years.
   (b)  This section shall be implemented only if, and to the extent
that, federal financial participation is available.
   (c)  Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, the
department shall, without taking regulatory action, implement this
section by means of all county letters or similar instructions.
Thereafter, the department shall adopt regulations 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.
   (d)  In order to implement changes in the level of funding for
health care services, commencing on the first day of the month
following 90 days after the operative date of amendments to this
section that added this subdivision, the continuous eligibility time
period provided in paragraph (1) of subdivision (a) shall be reduced
to six months.
   (e)  (1)  Subdivision (d) shall be inoperative from the date the
act adding this subdivision becomes effective until the date the
Director of Health Care Services executes a declaration specifying
that increased federal financial participation is no longer available
pursuant to the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5).
   (2)  The department shall redetermine the continuous eligibility
period of any child whose continuous eligibility period was
determined or redetermined pursuant to subdivision (d) during the
first calendar year quarter of 2009 and shall grant to that child the
period of continuous eligibility provided for in subdivision (a),
retroactive to the date that the determination or redetermination
under subdivision (d) was made.
   (f)  This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.

  SEC. 2.  Section 14005.25 of the Welfare and Institutions Code, as
amended by Section 2 of Chapter 24 of the 3rd Extraordinary Session
of the Statutes of 2009, is amended to read:
   14005.25.  (a) To the extent federal financial participation is
available, the department shall exercise the option under Section
1902(e)(12) of the federal Social Security Act (42 U.S.C. Sec. 1396a
(e)(12)) to extend continuous eligibility to children 19 years of age
and younger. A child shall remain eligible pursuant to this
subdivision from the date of a determination of eligibility for
Medi-Cal benefits until the earlier of either:
   (1) The end of a 12-month period following the eligibility
determination.
   (2) The date the individual exceeds the age of 19 years.
   (b) This section shall be implemented only if, and to the extent
that, federal financial participation is available.
   (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall, without taking regulatory action, implement this
section by means of all county letters or similar instructions.
Thereafter, the department shall adopt regulations 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. 
   (d)  This section shall become operative on July 1, 2012.