Amended in Assembly June 14, 2016

Amended in Senate May 31, 2016

Amended in Senate April 20, 2016

Amended in Senate April 6, 2016

Senate BillNo. 997


Introduced by Senator Lara

February 10, 2016


begin deleteAn act to add and repeal Sections 14007.81 and 14007.82 of the Welfare and Institutions Code, relating to health care coverage. end deletebegin insertAn act to amend Section 1185 of the Civil Code, relating to notaries public.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 997, as amended, Lara. begin deleteHealth care coverage: immigration status. end deletebegin insertNotaries public.end insert

begin insert

Existing law prohibits the acknowledgment of an instrument from being taken unless the officer taking it has “satisfactory evidence” that the person making the acknowledgment is the individual who is described in and who executed the instrument. Under existing law, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and, among other things, he or she presents a specified document that is either current or issued within 5 years that contains a photograph and description of the person named on it, the signature of the person, and a serial or other identifying number, as provided.

end insert
begin insert

This bill would add an identification card issued by a federally recognized tribal government to the list of documents acceptable for identification purposes.

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begin delete

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. Existing law extends eligibility for full-scope Medi-Cal benefits to individuals under 19 years of age who do not have, or are unable to establish, satisfactory immigration status, commencing after the Director of Health Care Services determines that systems have been programmed for implementation of this extension, but in no case sooner than May 1, 2016.

end delete
begin delete

Existing law requires individuals under 19 years of age enrolled in restricted-scope Medi-Cal at the time the director makes the above-described determination to be enrolled in the full scope of Medi-Cal benefits, if otherwise eligible, pursuant to an eligibility and enrollment plan, as specified. Existing law requires an individual who is eligible pursuant to these provisions to enroll in a Medi-Cal managed care health plan, where available, but does not preclude a beneficiary from being enrolled in any other children’s Medi-Cal specialty program that he or she would otherwise be eligible for.

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This bill, until January 1, 2019, would authorize the enrollment of eligible children who, as of May 1, 2016, were enrolled in comprehensive, low-cost coverage provided by a health care service plan with a total enrollment in excess of 5 million lives, in full-scope Medi-Cal with the same health care service plan, notwithstanding any other law. The bill would provide that this authorization is applicable only in a county in which a health care service plan with a total enrollment in excess of 5 million lives has a contract or a subcontract for Medi-Cal managed care. The bill would also, until January 1, 2019, authorize the enrollment of eligible children who, as of May 1, 2016, were enrolled in a comprehensive, low-cost coverage program provided by a Medi-Cal managed care health plan, in full-scope Medi-Cal with the same Medi-Cal managed care health plan, notwithstanding any other law. The bill would require the department to provide notice to the child’s representative of the child’s enrollment into Medi-Cal and health plan options, and would require this notice to contain specified information. The bill would require the department, using information provided to it by health care service plans, to determine whether prior to May 1, 2016, an eligible child was enrolled in coverage with a health care service plan with a total enrollment in excess of 5 million lives. The bill would require a Medi-Cal managed care health plan and its designees to work with the department and its designees to facilitate continuity of care and data sharing for the purpose of implementing these provisions.

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This bill would require the department to adopt necessary regulations to implement these provisions, and until those regulations are adopted, would authorize the department to implement these provisions by means of all-county letters, provider bulletins, or other similar instructions without taking regulatory action. The bill would require the department to provide a semiannual status report to the Legislature on the implementation of these provisions, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1185 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

1185.  

(a) The acknowledgment of an instrument shall not be
4taken unless the officer taking it has satisfactory evidence that the
5person making the acknowledgment is the individual who is
6described in and who executed the instrument.

7(b) For purposes of this section, “satisfactory evidence” means
8the absence of information, evidence, or other circumstances that
9would lead a reasonable person to believe that the person making
10the acknowledgment is not the individual he or she claims to be
11and any one of the following:

12(1) (A) The oath or affirmation of a credible witness personally
13known to the officer, whose identity is proven to the officer upon
14presentation of a document satisfying the requirements of paragraph
15(3) or (4), that the person making the acknowledgment is personally
16known to the witness and that each of the following are true:

17(i) The person making the acknowledgment is the person named
18in the document.

19(ii) The person making the acknowledgment is personally known
20to the witness.

21(iii) That it is the reasonable belief of the witness that the
22circumstances of the person making the acknowledgment are such
23that it would be very difficult or impossible for that person to
24obtain another form of identification.

P4    1(iv) The person making the acknowledgment does not possess
2any of the identification documents named in paragraphs (3) and
3(4).

4(v) The witness does not have a financial interest in the
5document being acknowledged and is not named in the document.

6(B) A notary public who violates this section by failing to obtain
7the satisfactory evidence required by subparagraph (A) shall be
8subject to a civil penalty not exceeding ten thousand dollars
9($10,000). An action to impose this civil penalty may be brought
10by the Secretary of State in an administrative proceeding or a public
11prosecutor in superior court, and shall be enforced as a civil
12judgment. A public prosecutor shall inform the secretary of any
13civil penalty imposed under this subparagraph.

14(2) The oath or affirmation under penalty of perjury of two
15credible witnesses, whose identities are proven to the officer upon
16the presentation of a document satisfying the requirements of
17paragraph (3) or (4), that each statement in paragraph (1) is true.

18(3) Reasonable reliance on the presentation to the officer of any
19one of the following, if the document or other form of identification
20is current or has been issued within five years:

21(A) An identification card or driver’s license issued by the
22Department of Motor Vehicles.

23(B) A passport issued by the Department of State of the United
24States.

25(C) An inmate identification card issued by the Department of
26Corrections and Rehabilitation, if the inmate is in custody in prison.

27(D) Any form of inmate identification issued by a sheriff’s
28department, if the inmate is in custody in a local detention facility.

29(4) Reasonable reliance on the presentation of any one of the
30following, provided that a document specified in subparagraphs
31(A) tobegin delete (E),end deletebegin insert (F),end insert inclusive, shall either be current or have been issued
32within five years and shall contain a photograph and description
33of the person named on it, shall be signed by the person, shall bear
34a serial or other identifying number, and, in the event that the
35document is a passport, shall have been stamped by the United
36States Citizenship and Immigration Services of the Department of
37Homeland Security:

38(A) A passport issued by a foreign government.

P5    1(B) A driver’s license issued by a state other than California or
2by a Canadian or Mexican public agency authorized to issue
3driver’s licenses.

4(C) An identification card issued by a state other than California.

5(D) An identification card issued by any branch of the Armed
6Forces of the United States.

7(E) An employee identification card issued by an agency or
8office of the State of California, or by an agency or office of a city,
9county, or city and county in this state.

begin insert

10
(F) An identification card issued by a federally recognized tribal
11government.

end insert

12(c) An officer who has taken an acknowledgment pursuant to
13this section shall be presumed to have operated in accordance with
14the provisions of law.

15(d) A party who files an action for damages based on the failure
16of the officer to establish the proper identity of the person making
17the acknowledgment shall have the burden of proof in establishing
18the negligence or misconduct of the officer.

19(e) A person convicted of perjury under this section shall forfeit
20any financial interest in the document.

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21

SECTION 1.  

The Legislature finds and declares all of the
22following:

23(a) No child in California should endure suffering and pain due
24to a lack of access to health care services.

25(b) Expanding access and increasing enrollment in
26comprehensive health care coverage benefits the health and welfare
27of all Californians.

28(c) Through the enactment of Senate Bill 75, the California
29Legislature has extended eligibility for full-scope Medi-Cal benefits
30to all children in California, regardless of immigration status.

31(d) Prior to the enactment of Senate Bill 75, some children who
32otherwise would have been ineligible for full-scope Medi-Cal
33benefits as a result of their immigration status obtained
34comprehensive, low-cost coverage as a result of the community
35benefit program of a health care service plan with an enrollment
36of more than 5,000,000 Californians, as well as coverage offered
37by other health plans. It is the intent of the Legislature in enacting
38this act to provide for continuity of care for these children, while
39allowing them to be enrolled in full-scope Medi-Cal.

P6    1

SEC. 2.  

Section 14007.81 is added to the Welfare and
2Institutions Code
, immediately following Section 14007.8, to read:

3

14007.81.  

(a) In order to maximize continuity of care and
4coverage, children eligible for full-scope Medi-Cal benefits
5pursuant to Section 14007.8 who, as of May 1, 2016, were enrolled
6in comprehensive, low-cost coverage provided by a health care
7service plan with a total enrollment in excess of five million lives,
8shall be enrolled in full-scope Medi-Cal with the same health care
9service plan if he or she is determined eligible for full-scope
10Medi-Cal benefits under this chapter, notwithstanding any other
11law. This requirement shall apply only in a county in which a
12health care service plan with a total enrollment in excess of five
13million lives has a contract or a subcontract for Medi-Cal managed
14care.

15(b) In order to facilitate continuity of care and coverage, the
16department shall, using information provided to it by health care
17service plans consistent with Section 14124.90, determine whether
18prior to May 1, 2016, a child who is eligible for full-scope
19Medi-Cal benefits pursuant to Section 14007.8 was enrolled in
20coverage with a health care service plan with a total enrollment in
21excess of five million lives.

22(c) The department shall provide the child’s representative with
23timely, linguistically appropriate notice of the child’s enrollment
24into Medi-Cal and health plan options. This notice shall contain
25all of the following information:

26(1) Which Medi-Cal managed care health plan or plans contain
27the child’s existing primary care provider, including those instances
28in which the health care service plan does not directly contract as
29a Medi-Cal managed care health plan with the department under
30this chapter or Chapter 8 (commencing with Section 14200).

31(2) That the child, subject to his or her ability to change his or
32her health plan as described in paragraph (4), will be assigned to
33his or her existing health care service plan if enrolled in full-scope
34Medi-Cal benefits after May 1, 2016. If the child wants to keep
35his or her primary care provider, no additional action will be
36required.

37(3) That if the child’s existing primary care provider is not
38contracted with any Medi-Cal managed care health plan in the
39enrollee’s county of residence or if the enrollee’s existing health
40care service plan is not an available Medi-Cal managed care health
P7    1plan in the child’s county of residence, he or she will receive all
2provider and health plan information required to be sent to new
3enrollees. If the child does not affirmatively select one of the
4available Medi-Cal managed care health plans within 30 days of
5receipt of the notice, he or she will automatically be assigned a
6plan through the department-prescribed auto-assignment process.

7(4) That the child may choose any available Medi-Cal managed
8care health plan and primary care provider in his or her county of
9residence, if more than one Medi-Cal managed care health plan is
10 available in the county where he or she resides, and he or she will
11receive all provider and health plan information required to be sent
12to new enrollees and instructions on how to choose or change his
13or her health plan and primary care provider.

14(5) That the child does not need to take any action to retain his
15or her health plan and primary care provider if he or she is enrolled
16in full-scope Medi-Cal benefits pursuant to subdivision (a).

17(d) The health care service plan described in subdivision (a)
18and its designees shall work with the department and its designees
19to facilitate continuity of care and data sharing for the purposes of
20delivering Medi-Cal services.

21(e) This section shall apply only to an enrollee in a service area
22of the health care service plan approved as of the effective date of
23this section.

24(f) (1) Notwithstanding Chapter 3.5 (commencing with Section
2511340) of Part 1 of Division 3 of Title 2 of the Government Code,
26the department, without taking any further regulatory action, shall
27implement, interpret, or make specific this section by means of
28all-county letters, plan letters, plan or provider bulletins, or similar
29instructions until the time any necessary regulations are adopted.
30Thereafter, the department shall adopt regulations in accordance
31with the requirements of Chapter 3.5 (commencing with Section
3211340) of Part 1 of Division 3 of Title 2 of the Government Code.

33(2) Commencing six months after the effective date of this
34section, and notwithstanding Section 10231.5 of the Government
35Code, the department shall provide a report on the status of the
36implementation of this section to the Legislature on a semiannual
37basis. The submission of the report shall comply with Section 9795
38of the Government Code.

P8    1(g) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.

4

SEC. 3.  

Section 14007.82 is added to the Welfare and
5Institutions Code
, to read:

6

14007.82.  

(a) In order to maximize continuity of care and
7coverage, children eligible for full-scope Medi-Cal benefits
8pursuant to Section 14007.8 who, as of May 1, 2016, were enrolled
9in a comprehensive, low-cost coverage program provided by a
10Medi-Cal managed care health plan shall be enrolled in full-scope
11Medi-Cal with the same Medi-Cal managed care health plan
12pursuant to the requirements of this subdivision, notwithstanding
13any other law.

14(b) A Medi-Cal managed care health plan described in
15subdivision (a) and its designees shall work with the department
16and its designees to facilitate continuity of care and data sharing
17to the extent permissible by state and federal law for the purposes
18of implementing this section.

19(c) The department shall provide the child’s representative with
20timely, linguistically appropriate notice of the child’s enrollment
21into Medi-Cal and of health plan options consistent with the
22applicable provisions of subdivision (d) of Section 14007.81. The
23notice shall contain all of the following information:

24(1) Which Medi-Cal managed care health plan or plans contain
25the child’s existing primary care provider, including those instances
26in which the health care service plan does not directly contract as
27a Medi-Cal managed care health plan with the department under
28this chapter or Chapter 8 (commencing with Section 14200).

29(2) That the child, subject to his or her ability to change his or
30her health plan as described in paragraph (3), will be assigned to
31his or her existing health care service plan if enrolled in full-scope
32Medi-Cal benefits after May 1, 2016. If the child wants to keep
33his or her primary care provider, no additional action will be
34required.

35(3) That the child may choose any available Medi-Cal managed
36care health plan and primary care provider in his or her county of
37residence, if more than one Medi-Cal managed care health plan is
38available in the county where he or she resides, and he or she will
39receive all provider and health plan information required to be sent
P9    1to new enrollees and instructions on how to choose or change his
2or her health plan and primary care provider.

3(4) That the child does not need to take any action to retain his
4or her health plan and primary care provider if he or she is enrolled
5in full-scope Medi-Cal benefits pursuant to subdivision (a).

6(d) (1) Notwithstanding Chapter 3.5 (commencing with Section
711340) of Part 1 of Division 3 of Title 2 of the Government Code,
8the department, without taking any further regulatory action, shall
9implement, interpret, or make specific this section by means of
10all-county letters, plan letters, plan or provider bulletins, or similar
11instructions until the time any necessary regulations are adopted.
12Thereafter, the department shall adopt regulations in accordance
13with the requirements of Chapter 3.5 (commencing with Section
1411340) of Part 1 of Division 3 of Title 2 of the Government Code.

15(2) Commencing six months after the effective date of this
16section, and notwithstanding Section 10231.5 of the Government
17Code, the department shall provide a report on the status of the
18implementation of this section to the Legislature on a semiannual
19basis. The submission of the report shall comply with Section 9795
20of the Government Code.

21(e) This section shall remain in effect only until January 1, 2019,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2019, deletes or extends that date.

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