BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1849
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          |Author:   |Gipson                                                |
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          |Version:  |March 28, 2016         |Hearing    |June 14, 2016    |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mareva Brown                                          |
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             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  








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               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)
          









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          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  









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          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








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          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








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          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  









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          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 and  
           without a   with no  new application being required, as provided in  
          Section 14005.28.
          
            
          PRIOR VOTES
          
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          |Assembly Floor:                                            |79 - |
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          |Assembly Appropriations Committee:                         |20 - |
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          |Assembly Human Services Committee:                         |6 -  |
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            POSITIONS
          
          Support:       









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               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 --