BILL NUMBER: SB 1091 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Hancock
FEBRUARY 17, 2010
An act to amend Sections 14011.10 and 14053 of, and to add Section
14011.11 to, the Welfare and Institutions Code, relating to
Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1091, as amended, Hancock. Medi-Cal: individuals in county
juvenile detention facilities.
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.
Under existing law, children in juvenile facilities are ineligible
to receive Medi-Cal benefits.
This bill would, subject to the receipt of federal financial
participation, make individuals awaiting adjudication in county
juvenile detention facilities eligible for Medi-Cal benefits if the
individual is receiving Medi-Cal benefits at the time he or she is
admitted to the detention facility , or the individual is
subsequently determined to be eligible for Medi-Cal benefits by the
county welfare department, and the county agrees to pay the
state's share of Medi-Cal expenditures and the state's administrative
costs through an intergovernmental transfer of funds. This bill
would provide that these individuals would have their Medi-Cal
benefits continued for the first 30 days of the individual's stay in
the county juvenile detention facility, or until the date of
adjudication, whichever period of time is less.
This bill would require the department to seek all federal
approvals or waivers necessary to implement these provisions and to
allow for federal financial participation.
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 14011.10 of the Welfare and Institutions Code
is amended to read:
14011.10. (a) Except as provided in Section 14011.11, benefits
provided under this chapter to an individual under 21 years of age
who is an inmate of a public institution shall be suspended in
accordance with Section 1396d(a)(28)(A) of Title 42 of the United
States Code as provided in subdivision (c).
(b) County welfare departments shall be required to notify the
department within 10 days of receiving information that an individual
under 21 years of age on Medi-Cal in the county is or will be an
inmate of a public institution.
(c) If an individual under 21 years of age is a Medi-Cal
beneficiary on the date he or she becomes an inmate of a public
institution, his or her benefits under this chapter and under Chapter
8 (commencing with Section 14200) shall be suspended effective the
date he or she becomes an inmate of a public institution. The
suspension will end on the date he or she is no longer an inmate of a
public institution or one year from the date he or she becomes an
inmate of a public institution, whichever is sooner.
(d) Nothing in this section shall create a state-funded benefit or
program. Health care services under this chapter and Chapter 8
(commencing with Section 14200) shall not be available to inmates of
public institutions whose Medi-Cal benefits have been suspended under
this section.
(e) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to the
extent that any necessary federal approval of state plan amendments
or other federal approvals are obtained.
(f) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be inoperable.
(g) This section shall be implemented on January 1, 2010, or the
date when all necessary federal approvals are obtained, whichever is
later.
(h) By January 1, 2010, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and the
County Welfare Directors Association, shall establish the protocols
and procedures necessary to implement this section, including any
needed changes to the protocols and procedures previously established
to implement Section 14029.5.
(I)
(i) Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, the department shall implement this section by means of
all-county letters or similar instructions without taking regulatory
action. 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.
SEC. 2. Section 14011.11 is added to the Welfare and Institutions
Code, to read:
14011.11. (a) To the extent that federal financial participation
is available, benefits provided under this chapter may be provided to
an individual awaiting adjudication in a county juvenile detention
facility if all of the following requirements are met:
(1) The individual is receiving Medi-Cal benefits at the time the
individual is admitted to the juvenile detention facility , or
the individual is subsequently determined to be eligible for Medi-Cal
benefits by the county welfare department .
(2) The county agrees to pay the state's share of Medi-Cal
expenditures and the state's administrative costs through an
intergovernmental transfer of funds.
(b) Benefits provided pursuant to this section shall continue for
the first 30 days of the individual's stay in the juvenile detention
facility, or until the date of adjudication, whichever period of time
is less.
(c) The department shall seek all federal approvals or waivers
necessary to implement this section and to allow for federal
financial participation.
(d) This section shall be implemented on January 1, 2012, or on
the date that all necessary federal approvals or waivers are obtained
and federal financial participation is available, whichever is
later.
(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
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.
SEC. 3. Section 14053 of the Welfare and Institutions Code is
amended to read:
14053. (a) The term "health care services" means the benefits set
forth in Article 4 (commencing with Section 14131) of this chapter
and in Section 14021. The term includes inpatient hospital services
for any individual under 21 years of age in an institution for mental
diseases. Any individual under 21 years of age receiving inpatient
psychiatric hospital services immediately preceding the date on which
he or she attains age 21 may continue to receive these services
until he or she attains age 22. The term also includes early and
periodic screening, diagnosis, and treatment for any individual under
21 years of age.
(b) The term "health care services" does not include, except to
the extent permitted by federal law, any of the following:
(1) Care or services for any individual who is an inmate of an
institution, except as a patient in a medical institution, or
pursuant to Section 14011.11.
(2) Care or services for any individual who has not attained 65
years of age and who is a patient in an institution for tuberculosis.
(3) Care or services for any individual who is 21 years of age or
over, except as provided in the first paragraph of this section, and
has not attained 65 years of age and who is a patient in an
institution for mental disease.
(4) Inpatient services provided to individuals 21 to 64 years of
age, inclusive, in an institution for mental diseases operating under
a consolidated license with a general acute care hospital pursuant
to Section 1250.8 of the Health and Safety Code, unless federal
financial participation is available for such inpatient services.