BILL NUMBER: SB 114	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 19, 2009
	AMENDED IN SENATE  MARCH 16, 2009

INTRODUCED BY   Senators Liu and Pavley
   (Principal coauthor: Assembly Member Jones)

                        JANUARY 29, 2009

   An act to amend Section 14005.28 of the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 114, as amended, Liu. Medi-Cal: independent foster care
adolescents.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
benefits. Existing law requires the department, if, and to the extent
that, all necessary federal approvals are obtained for federal
financial participation, to implement a federal option to extend
Medi-Cal benefits to independent foster care adolescents, as defined
in federal law.
   This bill would specify that, if the department has exercised this
option, commencing April 1, 2010, specified independent foster care
adolescents would be deemed eligible for the benefits and would be
automatically enrolled without requiring a new application and
without an interruption in coverage.
   This bill would require the department to develop and implement a
simplified form for the annual redetermination of benefits. An
independent foster care adolescent would only be required to fill out
and return the form if previously provided information was no longer
accurate.
   This bill would specify that the bill would be implemented only
if, and to the extent that, federal financial participation is
available and any necessary federal approvals are obtained.
   This bill would also prescribe a process for terminating the
eligibility of an independent foster care adolescent.
   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 14005.28 of the Welfare and Institutions Code
is amended to read:
   14005.28.  (a) To the extent federal financial participation is
available pursuant to an approved state plan amendment, the
department shall exercise its option under Section 1902(a)(10)(A)(ii)
(XVII) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)
(10)(A)(ii)(XVII)) to extend Medi-Cal benefits to independent foster
care adolescents, as defined in Section 1905(w)(1) of the federal
Social Security Act (42 U.S.C. Sec. 1396d(w)(1)).
   (b) An independent foster care adolescent who is in foster care on
his or her 18th birthday shall be deemed eligible for the benefits
extended pursuant to this section and shall be enrolled to receive
these benefits without any interruption in coverage and without
requiring a new application.  The department may terminate
eligibility if it determines that an independent foster care
adolescent is no longer eligible only after ineligibility is
established and all due process requirements are met in accordance
with state and federal law. 
   (c) The department shall develop and implement a simplified form
for redetermination. An independent foster care adolescent shall fill
out and return this form only if information previously reported to
the department is no longer accurate. Failure to return the form
alone  will   shall  not constitute a basis
for termination of Medi-Cal  benefits  
eligibility  so long as all other eligibility requirements have
been met.  The department may terminate eligibility if it
determines that an independent foster care adolescent is no longer
eligible only after ineligibility is established and all due process
requirements are met in accordance with state and federal law.

   (d) Subdivisions (b) and (c) shall be implemented on April 1,
2010, and shall be implemented only to the extent that federal
financial participation is available, and any necessary federal
approvals are obtained.
   (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and if the
state plan amendment described in subdivision (a) is approved by the
federal Centers for Medicare and Medicaid Services, the department
may implement this section without taking any regulatory action and
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.
   (f) The department shall implement subdivision (a) on October 1,
2000, but only if, and to the extent that, the department has
obtained all necessary federal approvals.