BILL NUMBER: AB 720	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 21, 2013

   An act to add Section 4011.11 to the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 720, as introduced, Skinner. Inmates: health care enrollment.
   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. Existing federal law prohibits persons
who are involuntarily incarcerated in jail from obtaining these
services, but permits persons detained in jail, but not sentenced to
jail, to be eligible for services, as specified.
   This bill would require the county sheriff, or his or her
designee, to assist all individuals sentenced to county jail who are
otherwise eligible for federal Medicaid benefits to enroll in the
Medi-Cal program available in that county 30 days before he or she is
scheduled to be released. The bill would authorize the county
sheriff, or his or her designee, to assist all individuals who are
not sentenced to county jail but are detained in county jai, and who
are eligible for federal Medicaid benefits to enroll in the Medi-Cal
program available in that county 30 days before he or she is
scheduled to be released. The bill would provide that individuals who
are currently enrolled in the Medi-Cal program in the county where
they reside would retain enrollment in that program while temporarily
detained before any criminal conviction. The bill would require the
county sheriff, or his or her designee, to supply appropriate
information regarding the Health Care Exchange to those individuals
detained in a county jail who are not eligible for federal Medi-Cal
benefits and who do not have health care insurance, 30 days before
their scheduled release. The bill would state findings and
declarations of the Legislature regarding the above.
   By imposing additional duties on local law enforcement entities,
this 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4011.11 is added to the Penal Code, to read:
   4011.11.  (a) The Legislature finds and declares the following:
   (1) The Patient Protection and Affordable Care Act of 2010, also
known as Health Care Reform, is designed to ensure every American has
access to affordable quality health care. To help ensure access, the
federal low-income health insurance program, the Medi-Cal program in
California, was expanded to previously uncovered populations,
including single men making less than 133 percent of the federal
poverty line.
   (2) The Medi-Cal expansion is fully paid by the federal government
until 2017, when the federal government will cover 90 percent of the
Medi-Cal expansion.
   (3) According to research done by the National Health Law Program,
a large portion of individuals currently sentenced to county jail,
and those recently released, are now eligible for Medi-Cal once
released.
   (4) According to a study published in the American Journal of
Public Health, many people coming out of county jail have significant
medical, mental health, and substance abuse needs that are currently
unmet.
   (5) According to a study funded by the National Criminal Justice
Reference Service, individuals who are enrolled in Medicaid on the
day of release committed fewer repeat offenses, and the time between
offenses was longer.
   (6) Therefore, it is the intent of the Legislature to enroll
individuals in the federally funded Medi-Cal program to provide
medical, mental health, and substance abuse services to individuals
when released from county jail, at no cost to the State of California
until 2017 and at minimal state cost beginning in 2017.
   (b) The county sheriff, or his or her designee, shall assist all
individuals sentenced to county jail who are otherwise eligible for
federal Medicaid benefits to enroll in the Medi-Cal program available
in that county 30 days before he or she is scheduled to be released.

   (c) The county sheriff, or his or her designee, may assist all
individuals who are not sentenced to county jail but are detained in
county jail and who are eligible for federal Medicaid benefits to
enroll in the Medi-Cal program available in that county 30 days
before he or she is scheduled to be released.
   (d) Consistent with federal regulations, individuals who are
currently enrolled in the Medi-Cal program in the county where they
reside shall retain enrollment in that program while temporarily
detained before any criminal conviction.
   (e) The county sheriff, or his or her designee, shall supply
appropriate information regarding the Health Care Exchange to those
individuals detained in a county jail who are not eligible for
federal Medi-Cal benefits and who do not have health care insurance,
30 days before their scheduled release.
  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.