BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 1849 ----------------------------------------------------------------- |Author: |Gipson | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |March 28, 2016 |Hearing |June 14, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- Subject: Foster youth: transition to independent living: health insurance coverage SUMMARY This bill requires that documents provided to a youth who is preparing to transition out of foster care to include written verification that the child is enrolled in Medi-Cal and a Medi-Cal Benefits Identification Card. It additionally mandates that an eligible child's enrollment in Medi-Cal be continued and uninterrupted eligibility up to 26 years of age, and requires a description of how the youth's case will be transitioned into the Medi-Cal program without interruption, as specified, prior to the court's termination hearing when the youth turns 18. ABSTRACT Existing law: 1) Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being. (WIC 300, et seq.) 2) Requires the status of every dependent child in foster care to be reviewed no less often than once every six months, and for the court to consider the continuing necessity for placement, whether the placement is AB 1849 (Gipson) PageB of? appropriate, and other factors. (WIC 366) 3) Requires that a child who was in foster care on his or her 18th birthday must be enrolled to receive Medi-Cal benefits without an interruption in coverage and without requiring a new application. (WIC 14005.28) 4) Requires that, to the extent federal financial participation is available pursuant to an approved state plan amendment, the Department of Health Care Services (DHCS) must exercise its option under federal law to extend Medi-Cal benefits to independent foster care adolescents, as defined, and requires semiannual reports to the legislature of these efforts. (WIC 14005.285) 5) Requires that a written case plan be completed within a maximum of 60 days of the initial removal of the child, or by the date of the dispositional hearing, as specified, which shall be updated as the service needs of the child and family dictate. Requires, at a minimum, the case plan be updated once every six months, as specified, and include a description of the services that have been provided to the child and the effectiveness of those services, among other specified items. (WIC 16501.1 (e)) 6) Requires that for a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child to prepare for the transition from foster care to successful adulthood, including information about housing, health insurance, educational and other options, as specified. (WIC 16501.1(g) (16)) 7) Establishes various steps and processes that a social worker must complete to assist a youth to prepare for transitioning from foster care at age 18, including assistance and support in developing a personalized written 90-day transition plan, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports and employment services, information regarding the advance health care directive form, and other information. (WIC 16501.1 (e)(16)(B) AB 1849 (Gipson) PageC of? This bill: 1) Deletes the requirement that prior to a court terminating dependency jurisdiction the county provide assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance. 2) Replaces that language with the requirement that the county provide written verification that the nonminor is enrolled in Medi-Cal and the nonminor's Medi-Cal Benefits Identification Card. 3) Prohibits the court from terminating dependency over a nonminor unless, among other documents, the county can verify continued and uninterrupted enrollment in Medi-Cal, as established in existing statute. 4) Adds the requirement that information provided in a minor's 90-day transition plan prior to his or her 18th birthday shall include verification that the youth or nonminor is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youth's social worker or probation officer to ensure that the youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure, with no interruption in coverage and without a new application being required, as specified. 5) Makes various non-substantial cleanup changes. FISCAL IMPACT An analysis by the Assembly Committee on Appropriations identified minor costs to counties to include the required information. BACKGROUND AND DISCUSSION Purpose of the bill: Existing law requires young people exiting foster care to be automatically enrolled in the Medi-Cal program for former foster AB 1849 (Gipson) PageD of? youth until age 26 with no interruption in coverage and with no application required. However, the author points out, WIC sections 391 and 16501.1 contain outdated instructions for social workers preparing youth to transition out of foster care to help them obtain health benefits. For example, as the author additionally states, some sections of code still require social workers to assist the youth in completing a Medi-Cal application despite the fact that as of January 1, 2014, youth should be receiving uninterrupted and continuous coverage with no application needed. The statutes also require social workers to provide information about options for health care coverage to youth exiting foster care, but do not explain that information about automatic Medi-Cal eligibility until age 26 should be provided. As a result, the author states, some youth have been incorrectly dropped from coverage as they transition out of care or have left care without receiving information about their ongoing eligibility and/or without a copy of their Medi-Cal benefits identification card. Foster Youth California's county-based child welfare system is intended to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 62,000 children were in the custody of the child welfare system as of October 2015, according to the state's child welfare case management system. About 45,000 children were placed in out-of-home situations in 2016, according to data released by CDSS with the governor's budget. Health concerns According to a 2015 report prepared by the American Academy of Pediatrics,<1> children and adolescents involved with the child welfare system often have complex and serious physical, mental health, developmental and psychosocial problems "rooted in childhood adversity and trauma." This is especially true of children placed in out-of-home care. Among the barriers to --------------------------- <1> Szilagyi, Moira, et al. Health Care Issues for Children and Adolescents in Foster Care and Kinship Care, Pedatrics, Volume 138, No. 4, October 2105 AB 1849 (Gipson) PageE of? providing high-quality and comprehensive health coverage are the diffusion of authority among parents, child welfare professionals and the courts, a lack of health history information, consent and confidentiality barriers, the transient nature of many adolescents in foster care and the fact that health care is often provided on a crisis basis, rather than planned or preventative care.<2> Former Foster Care Children's Program Foster youth in California who have aged out of the foster care system at age 18 are eligible under the Affordable Care Act to have Medi-Cal coverage until age 26. Former foster youth who were placed out of state on their 18th birthday remain eligible for Medi-Cal.<3> Youth who are turning 18 and still in the foster care system in their county of origin should see a seamless transition into the Former Foster Care Children's Program and are eligible for coverage until age 26. Former foster youth may need to apply under the Former Foster Care Children's program for benefits depending on their individual circumstances, according to an all-county letter issued by the Department Health Care Services in 2015.<4> SB X1 1 (Hernandez, Chapter 4, Statutes of 2014) required, to the extent federal financial participation is available, DHCS to provide Medi-Cal benefits to any individual who is in foster care on his or her 18th birthday until the individual turns age 26. In addition, SB X1 1 required DHCS to adopt the federal option to provide Medi-Cal benefits to individuals that were in foster care and enrolled in Medicaid in another state but who now live in California. To ensure that former foster youth are not disenrolled from Medi-Cal coverage because they have moved and their redetermination form is returned in the mail as undeliverable, SB X1 1 also required DHCS to seek federal approval to institute a renewal process that allows a beneficiary to remain in fee-for-service Medi-Cal after a redetermination form is returned as undeliverable and the county is otherwise unable to --------------------------- <2> Szilagyi, et all, page 7 <3> Medi-Cal Eligibility Division Information Letter No.: I 14-05, Department of Health Care Services, January 17, 2014 <4> All County Welfare Directors Letter No.: 15-32, Department of Health Care Services, October 2015 AB 1849 (Gipson) PageF of? establish contact. Former foster youth additionally retain their right to Medi-Cal coverage if they move within the state, obtain a job and have an increase in income or obtain other health insurance (in which case Medi-Cal coverage would be the secondary insurer). Related legislation: SB 508 (Hernandez, Chapter 831, Statutes of 2014) required DHCS to implement federal provisions to provide Medi-Cal benefits to a former foster youth until his or her 26th birthday if he or she was in foster care on his or her 18th birthday. It additionally required DHCS to exercise its option under federal law to extend Medi-Cal benefits to independent foster care adolescents, as specified. COMMENTS Not every former foster child is enrolled in Medi-Cal. According to DHCS, nonminors who are incarcerated or out of state on their 18th birthday may not be enrolled. The language of this bill should clarify that the requirement to verify Medi-Cal enrollment applies to those youth who are participating in the Medi-Cal program. Staff recommends the following amendments: WIC 391 (e) The court shall not terminate dependency jurisdiction over a nonminor who has attained 18 years of age until a hearing is conducted pursuant to this section and the department has submitted a report verifying that the following information, documents, and services have been provided to the nonminor, or in the case of a nonminor who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make the following available to the nonminor: (2) The following documents: (K) Written verification that the eligible nonminor is enrolled in Medi-Cal, and the nonminor's Medi-Cal Benefits Identification Card. (3) Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors pursuant to Section 14005.28 or 14005.285. Section 16501.1 (g)(16)(B) During the 90-day period prior to the AB 1849 (Gipson) PageG of? participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the child's behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor is enrolled in Medi-Cal , and a description of the steps that have been or will be taken by the youth's social worker or probation officer to ensure that the eligible youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage andwithout awith no new application being required, as provided in Section 14005.28. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |79 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |20 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |6 - | | |0 | ----------------------------------------------------------------- POSITIONS Support: AB 1849 (Gipson) PageH of? Children Now (Co- Sponsor) The Youth Law Center (Co-Sponsor) California Black Health Network California CASA Association California Coverage and Health Initiatives Children's Advocacy Institute Children's Law Center Community Clinic Association of Los Angeles County Community Health Council (CHC) Families NOW First Place for Youth Hillsides Journey House, Inc. Just in Time for Foster Youth Los Angeles County Unified School District National Center for Youth Law Orangewood Foundation Sanctity of Hope Service Employees International Union St. Anne's The Alliance for Children's Rights The California Alliance of Child and Family Services The California Pan-Ethnic Health Network The California Primary Care Association The Child Abuse Prevention Center The Children's Partnership The Community College Foundation The John Burton Foundation for Children Without Homes The National Association of Social Workers United ways of California Young Minds Advocacy Oppose: None -- END --