Amended in Senate July 2, 2013

Amended in Senate June 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 422


Introduced by Assembly Member Nazarian

February 15, 2013


An act to amend Section 49557.2 of the Education Code, relating to public schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 422, as amended, Nazarian. School lunch program applications: health care notice.

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. The bill would authorize a school district also to include the notices in certain notifications required at the beginning of the first semester or quarter of the regular school term.begin insert The bill would require a county that receives the information provided on a school lunch program application, for a pupil who is not already enrolled in a health insurance affordability program, to treat the school lunch program application as an application for a health insurance affordability program, as specified.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 49557.2 of the Education Code is
2amended to read:

3

49557.2.  

(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 Health Care 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 Health Care 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
P3    1with any other governmental agency, including the federal
2Department of Homeland Security and the Social Security
3Administration.

4(E) A notification that the school lunch application information
5will only be used by the entity designated by the State Department
6of Health Care Services to make an accelerated determination and
7the state and local agencies that administer the Medi-Cal program
8for purposes directly related to the administration of the program
9and will not be shared with other government agencies, including
10the Department of Homeland Security and the Social Security
11Administration for any purpose other than the administration of
12the Medi-Cal program.

13(F) Information regarding the Medi-Cal program, including
14available services, program requirements, rights and
15responsibilities, and privacy and confidentiality requirements.

16(2) Thebegin delete State Department of Education,end deletebegin insert department,end insert in
17consultation with school districts, county superintendents of
18schools, consumer advocates, counties, the State Department of
19Health Care Services, and other stakeholders, shall make
20recommendations regarding the School Lunch Program application,
21on or before February 1, 2003. The recommendations shall include
22specific changes to the School Lunch Program application materials
23as necessary to implement Section 14005.41 of the Welfare and
24 Institutions Code, information for staff as to how to implement
25the changes, and a description of the process by which information
26on the School Lunch Program application will be shared with the
27county, as the local agency that determines eligibility under the
28Medi-Cal program.

29(3) At the option of the school, the request for consent in
30subparagraph (B) of paragraph (1) may be modified so that the
31parent or guardian can also consent to allowing Medi-Cal to inform
32the school as provided in subdivision (n) of Section 14005.41 of
33the Welfare and Institutions Code when followup is needed in
34order to complete the Medi-Cal application process.

35(b) (1) School districts and county superintendents of schools
36may implement a process to share information provided on the
37School Lunch Program application with the entity designated by
38the State Department of Health Care Services to make an
39accelerated determination and with the local agency that determines
40eligibility under the Medi-Cal program, and shall share this
P4    1information with those entities, if the applicant consents to that
2sharing of information. Schools may designate, only as necessary
3to implement this section, non-food service staff to assist in the
4administration of free, reduced price, or paid school lunch
5applications that have applicant consent, but only if that designation
6does not displace or have an adverse effect on food service staff.
7This information may be shared electronically, physically, or
8through whatever method is determined appropriate.

9(2) If a school is aware that a child, who has been found eligible
10for free school lunches under the National School Lunch Program,
11and for whom the parent or guardian has consented to share the
12information provided on the application, already has an active
13Medi-Cal or Healthy Families case, the application shall not be
14processed for an accelerated determination but shall be forwarded
15to the local agency that determines eligibility under the Medi-Cal
16program pursuant to Section 14005.41 of the Welfare and
17Institutions Code. The school shall notify the parent or guardian
18of the child’s ineligibility for an accelerated Medi-Cal
19determination due to the current eligibility status and that the
20child’s application will be forwarded to the county pursuant to this
21section. The notice shall include a statement, with contact
22information, advising the parent or guardian to contact the
23Medi-Cal or Healthy Families programs regarding the child’s
24eligibility status.

25(3) Each school district or county superintendent that chooses
26to share information pursuant to this subdivision shall enter into
27a memorandum of understanding with the local agency that
28determines eligibility under the Medi-Cal program, that sets forth
29the roles and responsibilities of each agency and the process to be
30used in sharing the information.

31(4) The local agency that determines eligibility under the
32Medi-Cal program shall only use information provided by
33applicants on the school lunch application for purposes directly
34related to the administration of the Medi-Cal program.

35(5) After school districts share information regarding the school
36lunch application with the entity designated by the State
37Department of Health Care Services to make an accelerated
38determination and the local agency that determines eligibility under
39the Medi-Cal program, for the purpose of determining Medi-Cal
40program eligibility, the local agency and the school district shall
P5    1not share information about school lunch participation or the
2Medi-Cal program eligibility information with each other except
3as specifically authorized under subdivision (n) of Section
414005.41 of the Welfare and Institutions Code and other provisions
5of law.

6(c) Effective July 1, 2005, the notifications and consent
7referenced in subdivision (a) and the procedures set out in
8subdivision (b) shall include the Healthy Families Program and
9any relevant county- and local-sponsored health insurance programs
10as necessary to implement Section 14005.41 of the Welfare and
11Institutions Code.

12(d) Effective January 1, 2014, the notifications referenced in
13subdivision (a) shall do all of the following:

14(1) Advise the applicant that the applicant may be eligible for
15reduced-cost comprehensive health care coverage through the
16California Health Benefit Exchange.

17(2) Advise that, if the applicant’s family income is low, the
18applicant may be eligible for no-cost coverage through Medi-Cal.

19(3) Provide the applicant with the contact information for the
20California Health Benefit Exchange, including its Internet Web
21site and telephone number.

22(4) Comply with the federal Americans with Disabilities Act
23of 1990 (42 U.S.C. Sec. 12101 et seq.) and any other applicable
24federal or state disabled access law.

25(e) If a school district finds that the child is eligible for reduced
26price or paid meals under the National School Lunch Program and
27consent was provided as described in subdivision (b), the entity
28designated by the State Department of Health Care Services to
29make an accelerated determination shall notify the parent or
30guardian of the child’s ineligibility for an accelerated Medi-Cal
31determination pursuant to Section 14005.41 of the Welfare and
32Institutions Code. The notification shall include information on
33other available health programs for which the child may be eligible.

34(f) A school district may also include the notifications in the
35notifications at the beginning of the first semester or quarter of the
36regular school term required pursuant to Section 48980.

begin insert

37(g) Upon receipt of information provided on the School Lunch
38Program application pursuant to this section, for a pupil who is
39not already enrolled in a health insurance affordability program,
40the county shall treat the School Lunch Program application as
P6    1an application for a health insurance affordability program. For
2purposes of administration of the Medi-Cal program, the
3application date shall be the date that the School Lunch Program
4application is received by the county human services department.
5The county shall take no further action if it determines that the
6pupil is already enrolled in a health insurance affordability
7program.

end insert


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