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 requirebegin delete countiesend deletebegin insert
the board of supervisors in each countyend insert to designate anbegin delete individual or agencyend deletebegin insert
entityend insert, asbegin delete specified,end deletebegin insert defined,end insert to assist certainbegin delete individuals held in county jail, as specified,end deletebegin insert jail inmatesend insert to apply forbegin insert aend insert health insurance affordabilitybegin delete programsend deletebegin insert program, as definedend insert. The bill would provide thatbegin delete individualsend deletebegin insert
county jail inmatesend insert who are currently enrolled in the Medi-Cal program and who would become ineligible for benefits because of detention retain enrollment in that program, unless otherwise ineligible, as specified.begin insert
The bill would require the State Department of Health Care Services to establish, subject to federal law, a process to enable counties to obtain federal financial participation for these provisions.end insert
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 4011.11 is added to the Penal Code, to
2read:
(a) begin deleteEach end deletebegin insert(1)end insertbegin insert end insertbegin insertThe board of supervisors in each end insertcounty
4shall designate anbegin delete individual or agency to complete and submitend delete
5begin insert entity to assist county jail inmates described in subdivision (c)
6with submittingend insert an application for a health insurance affordability
7programbegin delete application
for the individuals described in subdivision
8(c)end delete
9(2) The board of supervisors shall not designate the county
10sheriff as the entity to assist with submitting an application for a
11health insurance affordability program for county jail inmates
12described in subdivision (c) unless the county sheriff agrees to
13perform this function.
14(3) If the board of supervisors designates a community-based
15organization as the entity to assist with submitting an application
16for a health insurance affordability program for county jail inmates
17described in subdivision (c), the designation shall be subject to
18approval by the jail administrator, or his or her
designee.
19(b) The jail administrator, or his or her designee, shall coordinate
20with thebegin delete individual or agencyend deletebegin insert entityend insert designated pursuant to
21subdivision (a).
P3 1(c) Thebegin delete individual or agencyend deletebegin insert entityend insert designated pursuant to
2subdivision (a) shallbegin delete complete and submitend deletebegin insert
assist county jail inmates
3with submittingend insert an application for a health insurance affordability
4programbegin delete on behalf of an inmate in a county
jail at any time before
5releaseend deletebegin delete bothend deletebegin insert allend insert of the following conditions are met:
6(1) The inmate has been in detention for at least 72 hours.
7(2) The inmate appears potentially eligible to be enrolled in the
8health insurance affordability program upon release.
9(3) The inmate does not currently have health care coverage.
end insert
10(d) Consistent with federal regulations,begin delete individualsend deletebegin insert
county jail
11inmatesend insert who are currently enrolled in the Medi-Cal program shall
12not be terminated from the program due to their detention unless
13required by federal law, or they become otherwise ineligible.
14(e) Notwithstanding any other provision of law, and only to the
15extent that federal law allows, thebegin delete stateend deletebegin insert State Department of Health
16Care Servicesend insert shall establish a process to enable counties to obtain
17the maximum available federal financial participation for
18administrative activities related to this section.
19(f) Notwithstanding any otherbegin delete provision ofend delete
law, thebegin delete individual begin insert
entityend insert designated pursuant to subdivision (a) is authorized
20or agencyend delete
21to act on behalf ofbegin delete an individual detained inend deletebegin insert aend insert county jailbegin insert inmateend insert,
22for purposes of applying for or a determination of eligibility forbegin insert aend insert
23 health insurance affordability program.
24(g) For purposes of this section, the following definitions apply:
end insertbegin insert
25(1) “Entity” means an individual, governmental agency, or
26community-based organization.
27(g)
end delete
28begin insert(2)end insert “Health insurance affordability program” means a program
29that is one of the following:
30(1)
end delete
31begin insert(A)end insert The state’s Medi-Cal program
under Title XIX of the federal
32Social Security Act.
33(2)
end delete
34begin insert(B)end insert The state’s children’s health insurance program (CHIP)
35under title XXI of the federal Social Security Act.
36(3)
end delete
37begin insert(C)end insert A program that makes coverage in a qualified health plan
38through the California Health Benefit Exchange established
39pursuant
to Section 100500 of the Government Code with advance
P4 1payment of the premium tax credit established under Section 36B
2of the Internal Revenue Code available to qualified individuals.
3(4)
end delete
4begin insert(D)end insert A program that makes available coverage in a qualified
5health plan through the California Health Benefit Exchange
6established pursuant to Section 100500 of the Government Code
7with cost-sharing reductions established under Section 1402 of the
8federal Patient Protection and Affordable Care Act (Public Law
9111-148) and any subsequent amendments to that act.
10(h) Notwithstanding Chapter 3.5 (commencing with Section
1111340) of Part 1 of Division 3 of Title 2 of the Government Code,
12the department may implement this section by means of all-county
13letters or similar instructions, without taking regulatory action.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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