BILL NUMBER: AB 720 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 9, 2013
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
Existing federal law prohibits federal financial participation for
medical care provided to inmates of a public institution, except when
the inmate is a patient in a medical institution.
Commencing January 1, 2014, the federal Patient
Protection and Affordable Care Act expands eligibility under the
Medicaid Program for certain groups and enacts
various other health care coverage market reforms that take effect on
that date . 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.
requires the Secretary of Health and Human Services to develop and
provide to each state a single, streamlined form that may be used to
apply for all state health subsidy programs, as defined,
within th e state.
This bill would require the board of supervisors in each county to
designate an entity , as defined, to assist
certain jail inmates to apply for a health insurance affordability
program, as defined. The bill would provide that 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 shall not be
terminated from the program due to their detention, unless required
by federal law or they become 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) (1) The board of supervisors in each county shall
designate an entity to assist county jail inmates described in
subdivision (c) with submitting an application for a health insurance
affordability program 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 entity designated pursuant to subdivision (a).
(c) The entity designated pursuant to subdivision (a) shall assist
county jail inmates with submitting an application for a health
insurance affordability program if all of the following conditions
are met:
(1) The inmate has been in detention for at least 72 hours
following remand into custody by a court or magistrate .
(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, 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 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 law, the entity designated pursuant
to subdivision (a) is authorized to act on behalf of 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.
(2) "Health
(g) For purposes of this section, "
health insurance affordability program" means a
program that is one of the following:
(A)
(1) The state's Medi-Cal program under Title XIX of the
federal Social Security Act.
(B)
(2) The state's children's health insurance program
(CHIP) under title XXI of the federal Social Security Act.
(C)
(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.
(D)
(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.