BILL NUMBER: AB 720 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2013
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. Commencing January 1, 2014, the
federal Patient Protection and Affordable Care Act expands
eligibility under the Medicaid Program for certain groups.
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, counties to designate an individual or
agency, as specified, to assist all
enroll certain individuals sentenced to
held in 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
, as specified, consistent with federal requirements
. 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 and who would become
ineligible for benefits because of detention before or after
conviction shall have their benefits suspended and shall retain
enrollment in that program while temporarily detained
before any criminal conviction . The bill would require the
county sheriff, or his or her designee,
individual or agency designated by the county, as specified, to
supply appropriate information regarding the California
Health Care Benefit 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 coverage , 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 governments , 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 fe deral Patient Protection and
Affordable Care Act of 2010 , also known as
Health Care Reform 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 will be expanded to previously
uncovered populations, including single men making less than 133
percent of the federal poverty line level
.
(2) The cost of the Medi-Cal expansion is
will be fully paid by the federal government
until 2017, when the federal government will cover 90 percent of the
cost 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
currently uninsured and may be 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 county jail 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 state
until 2017 and at minimal state cost beginning in 2017.
(b) Each county shall designate an individual or agency to enroll
the individuals described in subdivision (d) in the available
Medi-Cal program in that county, consistent with federal
requirements.
(b)
(c) The county sheriff jail
administrator , 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 coordinate with the individual or agency
designated pursuant to subdivision (b) .
(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) The individual or agency designated pursuant to subdivision
(b) shall enroll an inmate in the Medi-Cal program at any point
before release if all of the following conditions are met:
(1) The inmate has been in detention for at least 72 hours.
(2) The inmate will be eligible to be enrolled in the Medi-Cal
program upon release.
(d)
(e ) 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
and who would become ineligible for benefits because
of detention before or after conviction shall have their benefits
suspended during detention and shall retain enrollment in the program
.
(e)
(f) The county sheriff, or his or her
designee, individual or agency designated pursuant to
subdivision (b) shall , 30 days before an inmate's
scheduled release, supply appropriate information
regarding the California Health Care
Benefit Exchange to those individuals detained in a county
jail who are not eligible for federal Medi-Cal
benefits and who do not otherwise have health care
insurance, 30 days before their scheduled release
coverage .
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.