BILL NUMBER: AB 50 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 5, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE AUGUST 15, 2013
AMENDED IN ASSEMBLY MAY 13, 2013
AMENDED IN ASSEMBLY MAY 1, 2013
INTRODUCED BY Assembly Member Pan
DECEMBER 21, 2012
An act to add Section 14005.22 to the Welfare and Institutions
Code, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 50, Pan. Health care coverage: Medi-Cal: eligibility.
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.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions.
This bill would, effective January 1, 2014, and under specified
federal provisions applicable to qualified pregnant women and
children, provide that a woman shall be eligible for full-scope
Medi-Cal benefits if her income is less than 100% of the federal
poverty level as determined, counted, and valued in accordance with
federal law. The bill would require the department to adopt
regulations implementing that provision by January 1, 2017, and to
provide semiannual status reports to the Legislature until that time.
Because counties are required to make Medi-Cal eligibility
determinations and this bill would expand Medi-Cal eligibility, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14005.22 is added to the Welfare and
Institutions Code, to read:
14005.22. (a) Effective January 1, 2014, a woman shall be
eligible for full-scope Medi-Cal benefits under Section 1396a(a)(10)
(A)(i)(III) of Title 42 of the United States Code if her income is
less than 100 percent of the federal poverty level as determined,
counted, and valued in accordance with the requirements of Section
1396a(e)(14) of Title 42 of the United States Code, as added by the
federal Patient Protection and Affordable Care Act (Public Law
111-148) and as amended by the federal Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152) and any subsequent
amendments, and she meets all other eligibility requirements.
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department, without taking any further regulatory action, shall
implement, interpret, or make specific this section by means of
all-county letters, plan letters, plan or provider bulletins, or
similar instructions until the time regulations are adopted. The
department shall adopt regulations by January 1, 2017, 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. Beginning
six months after the effective date of this section, notwithstanding
Section 10321.5 of the Government Code, the department shall provide
a status report to the Legislature on a semiannual basis, in
compliance with Section 9795 of the Government Code, until
regulations have been adopted.
(c) This section shall be implemented only if and to the extent
that federal financial participation is available and any necessary
federal approvals have been obtained.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.