BILL ANALYSIS                                                                                                                                                                                                    Ó






                          SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                             2013-14 Regular Session
                                         

          BILL NO:       AB 422
          AUTHOR:        Nazarian
          AMENDED:       June 3, 2013
          FISCAL COMM:   No             HEARING DATE:  June 12, 2013
          URGENCY:       No             CONSULTANT:Lenin Del Castillo

           NOTE  :  This bill has been referred to the Committees on  
                    Education and Health.  
          A "do pass" motion should include referral to the Committee  
                    on Health.  
           
          SUBJECT  :  Notice of Health Care Coverage on School Lunch  
          Applications.
          
           SUMMARY   

          This bill requires information on additional health care  
          coverage options to be included on the National School Lunch  
          Program notifications that school districts may provide to  
          students, effective January 1, 2014.

           BACKGROUND 

          The State Department of Education oversees the largest child  
          nutrition program in the country and administers over $2.3  
          billion in federal local assistance funding, supporting  
          service of more than five million meals each day at over  
          45,000 sites through several programs, including the National  
          School Lunch Program, the School Breakfast Program, and the  
          Child and Adult Care Food Program.  The National School Lunch  
          Program is a federally-funded entitlement program that is  
          open to all children enrolled in public and private schools  
          and residential child care institutions.  Depending on the  
          child's family size and income level, a student receives  
          meals free, at a reduced price, or pays the full cost.  This  
          program uses donated commodity foods to help reduce the price  
          of the lunches.  

          Existing law requires the governing board of a school  
          district and the county superintendent of schools to make  
          applications for free or reduced price meals available to  




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          students at all times during each regular school day, as  
          specified, and formulate a plan that will ensure that  
          children eligible to receive free or reduced priced meals  
          shall not be treated differently from other children.  

          Existing law requires that in making applications for free or  
          reduced-price meals, each school district and county  
          superintendent of schools is encouraged to include  
          information that parents may use to request information  
          concerning Medi-Cal and the Healthy Families Program.  

          At the option of the school district or county  
          superintendent, the following information may be incorporated  
          into the National School Lunch Program application packet or  
          notification of eligibility: 
           
          1)   A notification that if a child qualifies for free  
               lunches, then the child may qualify for free or  
               reduced-cost health coverage.

          2)   A request for the applicant's consent for the child to  
               participate in the Medi-Cal program, if eligible for  
               free school lunches, and to have the information on the  
               school lunch application shared with the entity  
               designated by the State Department of Health Care  
               Services to make an accelerated determination and the  
               local agency that determines eligibility under the  
               Medi-Cal program.

          3)   A notification that the school district will not forward  
               the school lunch application to the entity designated by  
               the State Department of Health Care Services to make an  
               accelerated determination and the local agency that  
               determines eligibility under the Medi-Cal program,  
               without the consent of the child's parent or guardian.

          4)   A notification that the school lunch application is  
               confidential and, with the exception of forwarding the  
               information for use in health program enrollment upon  
               the consent of the child's parent or guardian, the  
               school district will not share the information with any  
               other governmental agency, including the federal  
               Department of Homeland Security and the Social Security  
               Administration.  

          5)   A notification that the school lunch application  




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               information will only be used by the entity designated  
               by the State Department of Health Care Services to make  
               an accelerated determination and the state and local  
               agencies that administer the Medi-Cal program for  
               purposes directly related to the administration of the  
               program and will not be shared with other government  
               agencies, including the Department of Homeland Security  
               and the Social Security Administration for any purpose  
               other than the administration of the Medi-Cal program.

          6)   Information regarding the Medi-Cal program, including  
               available services, program requirements, rights and  
               responsibilities, and privacy and confidentiality  
               requirements.        

           ANALYSIS  

           This bill  requires the National School Lunch Program  
          notifications, effective January 1, 2014, to do the  
          following:

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

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

          3)   Provide the applicant with the contact information for  
               the California Health Benefit Exchange, including its  
               Web site and telephone number. 
           
          4)   Comply with the federal Americans with Disabilities Act  
               of 1990 (42 U.S.C. Sec. 12101 et seq.) and any other  
               applicable federal or state disabled access law. 

           This bill  also provides that a school district may include  
          the notifications as part of the existing parental  
          notifications at the beginning of the first semester or  
          quarter of the regular school term, as specified.
            
           STAFF COMMENTS  

           Need for the bill  :  According to the author's office,  
          millions of Californians lack healthcare coverage.  Health  




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          problems are more likely to escalate with the lack of health  
          insurance which affects a child's ability to learn and a  
          parent's ability to work.  The recent passage of the federal  
          Affordable Care Act (ACA) in 2010 offers individuals and  
          families additional health care coverage options, including  
          expanded Medi-Cal coverage and tax subsidies to purchase  
          health insurance through the California Health Benefit  
          Exchange.  According to the author's office, although  
          children and families may be eligible for new coverage  
          options, many of them may be unaware.  The purpose of AB 422  
          is to minimize health problems arising from a lack of health  
          coverage by requiring school districts to disseminate  
          information regarding the availability of the additional  
          health care coverage options in tandem with free and  
          reduced-price lunch notifications.     

           SUPPORT
           
          American Federation of State, County and Municipal Employees
          California Chiropractic Association
          California Optometric Association
          California Pan-Ethnic Health Network (sponsor)
          California School Employees Association
          California State PTA
          California Teachers Association
          Health Access California
          Western Center on Law and Poverty

           OPPOSITION
           
          None on file.