AB 422, as introduced, Nazarian. Health care applications.
Existing law creates various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi-Cal program administered by the State Department of Health Care Services.
Existing law provides for a school lunch program under which eligible pupils receive free or reduced-price meals. Existing law authorizes the sharing of the school lunch program application with the county agency administering the Medi-Cal program for use in making an accelerated Medi-Cal eligibility determination for pupils eligible for free meals. Existing law provides for the sending of a Healthy Families Program application to pupils determined to be ineligible for Medi-Cal coverage.
This bill would, commencing January 1, 2014, require the notices to include prescribed advisements about the availability of free or reduced-cost comprehensive health care coverage through Medi-Cal or the California Health Benefit Exchange, respectively.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 49557.2 of the Education Code is
2amended to read:
(a) (1) At the option of the school district or county
4superintendent, and to the extent necessary to implement Section
514005.41 of the Welfare and Institutions Code, the following
6information may be incorporated into the School Lunch Program
7application packet or notification of eligibility for the School Lunch
8Program using simple and culturally appropriate language:
9(A) A notification that if a child qualifies for free school lunches,
10then the child may qualify for free or reduced-cost health coverage.
11(B) A request for the applicant’s consent for the child to
12participate in the Medi-Cal program, if eligible for free school
13lunches,
and to have the information on the school lunch
14application shared with the entity designated by the State
15Department of Healthbegin insert Careend insert Services to make an accelerated
16determination and the local agency that determines eligibility under
17the Medi-Cal program.
18(C) A notification that the school district will not forward the
19school lunch application to the entity designated by the State
20Department of Healthbegin insert Careend insert Services to make an accelerated
21determination and the local agency that determines eligibility under
22the Medi-Cal program, without the consent of the child’s parent
23or guardian.
24(D) A notification that the school lunch application is
25confidential and, with the
exception of forwarding the information
26for use in health program enrollment upon the consent of the child’s
27parent or guardian, the school district will not share the information
28with any other governmental agency, including the federal
29Department of Homeland Security and the Social Security
30Administration.
31(E) A notification that the school lunch application information
32will only be used by the entity designated by the State Department
33of Healthbegin insert Careend insert Services to make an accelerated determination and
34the state and local agencies that administer the Medi-Cal program
35for purposes directly related to the administration of the program
36and will not be shared with other government agencies, including
37the Department of Homeland Security and the Social Security
P3 1Administration for any purpose other than the administration of
2the Medi-Cal
program.
3(F) Information regarding the Medi-Cal program, including
4available services, program requirements, rights and
5responsibilities, and privacy and confidentiality requirements.
6(2) The State Department of Education, in consultation with
7school districts, county superintendents of schools, consumer
8advocates, counties, the State Department of Healthbegin insert Careend insert Services,
9and other stakeholders, shall make recommendations regarding
10the School Lunch Program application, on or before February 1,
112003. The recommendations shall include specific changes to the
12School Lunch Program application materials as necessary to
13implement Section 14005.41 of the Welfare and Institutions Code,
14information for staff as to how to implement the changes, and a
15description of the process by which
information on the School
16Lunch Program application will be shared with the county, as the
17local agency that determines eligibility under the Medi-Cal
18program.
19(3) At the option of the school, the request for consent in
20subparagraph (B) of paragraph (1) may be modified so that the
21parent or guardian can also consent to allowing Medi-Cal to inform
22the school as provided in subdivision (n) of Section 14005.41 of
23the Welfare and Institutions Code when followup is needed in
24order to complete the Medi-Cal application process.
25(b) (1) School districts and county superintendents of schools
26may implement a process to share information provided on the
27School Lunch Program application with the entity designated by
28the State Department of Healthbegin insert Careend insert Services to
make an
29accelerated determination and with the local agency that determines
30eligibility under the Medi-Cal program, and shall share this
31information with those entities, if the applicant consents to that
32sharing of information. Schools may designate, only as necessary
33to implement this section, non-food service staff to assist in the
34administration of free, reduced price, or paid school lunch
35applications that have applicant consent, but only if that designation
36does not displace or have an adverse effect on food service staff.
37This information may be shared electronically, physically, or
38through whatever method is determined appropriate.
39(2) If a school is aware that a child, who has been found eligible
40for free school lunches under the National School Lunch Program,
P4 1and for whom the parent or guardian has consented to share the
2information provided on the application, already has an active
3Medi-Cal or Healthy Families case, the application
shall not be
4processed for an accelerated determination but shall be forwarded
5to the local agency that determines eligibility under the Medi-Cal
6program pursuant to Section 14005.41 of the Welfare and
7Institutions Code. The school shall notify the parent or guardian
8of the child’s ineligibility for accelerated Medi-Cal due to the
9current eligibility status and that the child’s application will be
10forwarded to the county pursuant to this section. The notice shall
11include a statement, with contact information, advising the parent
12or guardian to contact the Medi-Cal or Healthy Families programs
13regarding the child’s eligibility status.
14(3) Each school district or county superintendent that chooses
15to share information pursuant to this subdivision shall enter into
16a memorandum of understanding with the local agency that
17determines eligibility under the Medi-Cal program, that sets forth
18the roles and responsibilities of each agency and the process
to be
19used in sharing the information.
20(4) The local agency that determines eligibility under the
21Medi-Cal program shall only use information provided by
22applicants on the school lunch application for purposes directly
23related to the administration of the Medi-Cal program.
24(5) After school districts share information regarding the school
25lunch application with the entity designated by the State
26Department of Healthbegin insert Careend insert Services to make an accelerated
27determination and the local agency that determines eligibility under
28the Medi-Cal program, for the purpose of determining Medi-Cal
29program eligibility, the local agency and the school district shall
30not share information about school lunch participation or the
31Medi-Cal program eligibility information with each other except
32as
specifically authorized under subdivision (n) of Section
3314005.41 of the Welfare and Institutions Code and other provisions
34of law.
35(c) Effective July 1, 2005, the notifications and consent
36referenced in subdivision (a) and the procedures set out in
37subdivision (b) shall include the Healthy Families Program and
38any relevant county- and local-sponsored health insurance programs
39as necessary to implement Section 14005.41 of the Welfare and
40Institutions Code.
P5 1(d) Effective January 1, 2014, the notifications shall do all of
2the following:
3(1) Advise
the applicant that the applicant may be eligible for
4reduced-cost, comprehensive health care coverage through the
5California Health Benefit Exchange.
6(2) Advise that, if the family income is low, the applicant may
7be eligible for no-cost coverage through Medi-Cal.
8(3) Provide the applicant with the contact information for the
9California Health Benefit Exchange, including its Internet Web
10site and telephone number.
11(d) If a school district finds that the child is eligible for reduced
12price or paid meals under the National School Lunch Program and
13consent was provided as described in subdivision (b), the entity
14designated by the State Department of Healthbegin insert Careend insert Services to
15make an accelerated determination shall notify the parent or
16guardian of the child’s ineligibility for an accelerated Medi-Cal
17determination pursuant to Section 14005.41 of the Welfare and
18Institutions Code. The notification shall include information on
19other available health programs for which the child may be eligible.
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