BILL NUMBER: AB 720 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
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 counties to designate an individual or
agency, as specified, to enroll assist
certain individuals held in county jail, as specified,
consistent with federal requirements to apply for
health insurance affordability programs . The bill would
provide that individuals who are currently enrolled in the Medi-Cal
program in the county where they reside 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 , unless
otherwise ineligible, as specified . The bill would
require the individual or agency designated by the county, as
specified, to supply appropriate information regarding the California
Health Benefit Exchange to those individuals detained in a county
jail who are not eligible for Medi-Cal benefits and who do not have
health care 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 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 federal Patient Protection and Affordable Care Act, 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, will be expanded to previously uncovered populations,
including single men making less than 133 percent of the federal
poverty level.
(2) The cost of the Medi-Cal expansion 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 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
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.
(c) The jail administrator, or his or her designee, shall
coordinate with the individual or agency designated pursuant to
subdivision (b).
(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.
(e) Consistent with federal regulations, individuals who are
currently enrolled in the Medi-Cal program in the county where they
reside 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.
(f) The individual or agency designated pursuant to subdivision
(b) shall, 30 days before an inmate's scheduled release, supply
appropriate information regarding the California Health Benefit
Exchange to those individuals detained in a county jail who are not
eligible for Medi-Cal benefits and who do not otherwise have health
care coverage.
SECTION 1. Section 4011.11 is added to the
Penal Code , to read:
4011.11. (a) Each county shall designate an individual or agency
to complete and submit an application for a health insurance
affordability program application for the individuals described in
subdivision (c) consistent with federal requirements.
(b) The jail administrator, or his or her designee, shall
coordinate with the individual or agency designated pursuant to
subdivision (a).
(c) The individual or agency designated pursuant to subdivision
(a) shall complete and submit an application for a health insurance
affordability program on behalf of an inmate in a county jail at any
time before release if both of the following conditions are met:
(1) The inmate has been in detention for at least 72 hours.
(2) The inmate appears potentially eligible to be enrolled in the
health insurance affordability program upon release.
(d) Consistent with federal regulations, individuals who are
currently enrolled in the Medi-Cal program shall not be terminated
from the program due to their detention unless required by federal
law, or they become otherwise ineligible.
(e) Notwithstanding any other provision of law, and only to the
extent that federal law allows, the state shall establish a process
to enable counties to obtain the maximum available federal financial
participation for administrative activities related to this section.
(f) Notwithstanding any other provision of law, the individual or
agency designated pursuant to subdivision (a) is authorized to act on
behalf of an individual detained in county jail, for purposes of
applying for or a determination of eligibility for health insurance
affordability program.
(g) "Health insurance affordability program" means a program that
is one of the following:
(1) The state's Medi-Cal program under Title XIX of the federal
Social Security Act.
(2) The state's children's health insurance program (CHIP) under
title XXI of the federal Social Security Act.
(3) A program that makes coverage in a qualified health plan
through the California Health Benefit Exchange established pursuant
to Section 100500 of the Government Code with advance payment of the
premium tax credit established under Section 36B of the Internal
Revenue Code available to qualified individuals.
(4) A program that makes available coverage in a qualified health
plan through the California Health Benefit Exchange established
pursuant to Section 100500 of the Government Code with cost-sharing
reductions established under Section 1402 of the federal Patient
Protection and Affordable Care Act (Public Law 111-148) and any
subsequent amendments to that act.
(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement this section by means of all-county letters
or similar instructions, without taking regulatory action.
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.