BILL NUMBER: AB 720 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2013
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 the board
of supervisors in each county to designate an
individual or agency entity , as
specified, defined, to assist certain
individuals held in county jail, as specified, jail
inmates to apply for a health insurance
affordability programs program, as defined
. The bill would provide that individuals
county jail inmates 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. 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.
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) Each (1)
The board of supervisors in each county shall designate an
individual or agency to complete and submit
entity to assist county jail inmates described in subdivision (c)
with submitting an application for a health insurance
affordability program application for the individuals
described in subdivision (c) consistent with federal
requirements.
(2) The board of supervisors shall not designate the county
sheriff as the entity to assist with submitting an application for a
health insurance affordability program for county jail inmates
described in subdivision (c) unless the county sheriff agrees to
perform this function.
(3) If the board of supervisors designates a community-based
organization as the entity to assist with submitting an application
for a health insurance affordability program for county jail inmates
described in subdivision (c), the designation shall be subject to
approval by the jail administrator, or his or her designee.
(b) The jail administrator, or his or her designee, shall
coordinate with the individual or agency
entity designated pursuant to subdivision (a).
(c) The individual or agency entity
designated pursuant to subdivision (a) shall complete and
submit assist county jail inmates with submitting
an application for a health insurance affordability program
on behalf of an inmate in a county jail at any time before
release if both all 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.
(3) The inmate does not currently have health care coverage.
(d) Consistent with federal regulations, individuals
county jail inmates 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
State Department of Health Care Services 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 entity
designated pursuant to subdivision (a) is authorized to act on behalf
of an individual detained in a county
jail inmate , for purposes of applying for or a
determination of eligibility for a health insurance
affordability program.
(g) For purposes of this section, the following definitions apply:
(1) "Entity" means an individual, governmental agency, or
community-based organization.
(g)
(2) "Health insurance affordability program" means a
program that is one of the following:
(1)
(A) The state's Medi-Cal program under Title XIX of the
federal Social Security Act.
(2)
(B) The state's children's health insurance program
(CHIP) under title XXI of the federal Social Security Act.
(3)
(C) 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)
(D) 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.