Amended in Assembly April 11, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 720


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 amended, 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.begin insert Commencing January 1, 2014, the federal Patient Protection and Affordable Care Act expands eligibility under the Medicaid Program for certain groups.end insert 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 requirebegin delete the county sheriff, or his or her designee,end deletebegin insert counties to designate an individual or agency, as specified,end insert tobegin delete assist allend deletebegin insert enroll certainend insert individualsbegin delete sentenced toend deletebegin insert held inend insert county jailbegin delete 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 releasedend deletebegin insert, as specified, consistent with federal requirementsend insert.begin delete 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.end delete The bill would provide that individuals who are currently enrolled in the Medi-Cal program in the county where they residebegin delete wouldend deletebegin insert end insertbegin insertand who would become ineligible for benefits because of detention before or after conviction shall have their benefits suspended and shallend insert retain enrollment in that programbegin delete while temporarily detained before any criminal convictionend delete. The bill would require thebegin delete county sheriff, or his or her designee,end deletebegin insert individual or agency designated by the county, as specified,end insert to supply appropriate information regarding thebegin insert Californiaend insert Healthbegin delete Careend deletebegin insert Benefitend insert Exchange to those individuals detained in a county jail who are not eligible forbegin delete federalend delete Medi-Cal benefits and who do not have health carebegin delete insuranceend deletebegin insert coverageend insert, 30 days before their scheduled release. The bill would state findings and declarations of the Legislature regarding the above.

By imposing additional duties on localbegin delete law enforcement entitiesend deletebegin insert governmentsend insert, 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:

P2    1

SECTION 1.  

Section 4011.11 is added to the Penal Code, to
2read:

3

4011.11.  

(a) The Legislature finds and declares the following:

4(1) Thebegin insert federalend insert Patient Protection and Affordable Care Actbegin delete of
52010end delete
, also known asbegin delete Health Care Reformend deletebegin insert health care reformend insert, is
6designed to ensure every American has access to affordable quality
7health care. To help ensure access, the federal low-income health
8insurance program, the Medi-Cal program in California,begin delete wasend deletebegin insert will
9beend insert
expanded to previously uncovered populations, including single
10men making less than 133 percent of the federal povertybegin delete lineend deletebegin insert levelend insert.

11(2) Thebegin insert cost of theend insert Medi-Cal expansionbegin delete isend deletebegin insert will beend insert fully paid by
12the federal government until 2017, when the federal government
13will cover 90 percent of thebegin insert cost of theend insert Medi-Cal expansion.

P3    1(3) According to research done by the National Health Law
2Program, a large portion of individuals currently sentenced to
3county jail, and those recently released, arebegin delete nowend deletebegin insert currently
4uninsured and may beend insert
eligible for Medi-Cal once released.

5(4) According to a study published in the American Journal of
6Public Health, many people coming out of county jail have
7significant medical, mental health, and substance abuse needs that
8are currently unmet.

9(5) According to a study funded by the National Criminal Justice
10Reference Service, individuals who are enrolled in Medicaid on
11the day of release committed fewer repeat offenses, and the time
12between offenses was longer.

13(6) Therefore, it is the intent of the Legislature to enroll
14individualsbegin insert in county jailend insert in the federally funded Medi-Cal program
15to provide medical, mental health, and substance abuse services
16to individuals when released from county jail, at no cost to the
17begin deleteState of California end deletebegin insertstate end insertuntil 2017 and at minimal state cost
18beginning in 2017.

begin insert

19(b) Each county shall designate an individual or agency to enroll
20the individuals described in subdivision (d) in the available
21Medi-Cal program in that county, consistent with federal
22requirements.

end insert
begin delete

23(b)

end delete

24begin insert(c)end insert Thebegin delete county sheriffend deletebegin insert jail administratorend insert, or his or her designee,
25shallbegin delete assist all individuals sentenced to county jail who are
26otherwise eligible for federal Medicaid benefits to enroll in the
27Medi-Cal program available in that county 30 days before he or
28she is scheduled to be releasedend delete
begin insert coordinate with the individual or
29agency designated pursuant to subdivision (b)end insert
.

begin delete

30(c) The county sheriff, or his or her designee, may assist all
31individuals who are not sentenced to county jail but are detained
32in county jail and who are eligible for federal Medicaid benefits
33to enroll in the Medi-Cal program available in that county 30 days
34before he or she is scheduled to be released.

end delete
begin insert

35(d) The individual or agency designated pursuant to subdivision
36(b) shall enroll an inmate in the Medi-Cal program at any point
37before release if all of the following conditions are met:

end insert
begin insert

38(1) The inmate has been in detention for at least 72 hours.

end insert
begin insert

39(2) The inmate will be eligible to be enrolled in the Medi-Cal
40program upon release.

end insert
begin delete

P4    1(d)

end delete

2begin insert(eend insertbegin insert)end insert Consistent with federal regulations, individuals who are
3currently enrolled in the Medi-Cal program in the county where
4they residebegin delete shall retain enrollment in that program while
5temporarily detained before any criminal convictionend delete
begin insert and who would
6become ineligible for benefits because of detention before or after
7conviction shall have their benefits suspended during detention
8and shall retain enrollment in the programend insert
.

begin delete

9(e)

end delete

10begin insert(f)end insert Thebegin delete county sheriff, or his or her designee,end deletebegin insert individual or
11agency designated pursuant to subdivision (b)end insert
shallbegin insert, 30 days before
12an inmate’s scheduled release,end insert
supply appropriate information
13regarding thebegin insert Californiaend insert Healthbegin delete Careend deletebegin insert Benefitend insert Exchange to those
14individuals detained in a county jail who are not eligible for begin deletefederal end delete
15Medi-Cal benefits and who do notbegin insert otherwiseend insert have health care
16begin deleteinsurance, 30 days before their scheduled releaseend deletebegin insert coverageend insert.

17

SEC. 2.  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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