as amended, Liu.
begin deleteChild care and development services: children of migrant agricultural worker families.end delete
Existing law, for purposes of migrant child care and development programs, defines a migrant agricultural worker family as a family that has earned at least 50 percent of its total gross income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for child care and development services. Existing law requires the children of these families to be enrolled in child development programs on the basis of specified priorities, including priority to children whose family moves from place to place.end delete
This bill, beginning July 1, 2017, would instead define “migrant agricultural worker family” as a family with at least one parent who has earned at least 50 percent of his or her income from employment in fishing, agriculture, or agriculturally related work during the 12-month period immediately preceding the date of application for child care and development services. The bill would require the children of these families to be given priority for enrollment in migrant child care and development programs a specified priority order, with first priority going to those children in families that move from place to place.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The State Department of Health Services shall
4seek any federal waivers and approvals necessary to accomplish
5the purposes of this division.
(a) Individuals who participate in the program and
9have resources above the eligibility levels for receipt of medical
10assistance under Title XIX of the Social Security Act (Subchapter
11XIX (commencing with Section 1396) of Chapter 7 of Title 42 of
12the United States Code) shall be eligible to receive those in-home
13supportive services benefits specified by the State Department of
P3 1Social Services, and those Medi-Cal benefits specified by the State
2Department of Health Services, for which they would
3otherwise be eligible, if, prior to becoming eligible for benefits,
4they have purchased a long-term care insurance policy or a health
5care service plan contract covering long-term care that has been
6certified by the
begin delete State Department of Health Servicesend delete pursuant to this division.
8(b) Individuals may purchase approved and certified long-term
9care insurance policies or health care service plan contracts which
10cover long-term care services in amounts equal to the resources
11they wish to protect, so long as the amount of insurance purchased
12exceeds the minimum level set by the
begin delete State Department of Health pursuant to Section
15(c) The resource protection provided by this division shall be
16effective only for long-term care policies, and health care service
17plan contracts that cover long-term care services, when the policy
18or contract is delivered, issued for delivery, or renewed on July 1,
191993 and thereafter.
Notwithstanding other provisions of law, the resources,
23to the extent described in subdivision (c), of an individual who
24purchases an approved and certified long-term care insurance
25policy or health care service plan contract which covers long-term
26care services shall not be considered by:
27(a) The State Department of Health Services in
29(1) Medi-Cal eligibility.
30(2) The amount of any Medi-Cal payment.
31(3) The amount of any
subsequent recovery by the state of
32payments made for medical services.
33(b) The State Department of Social Services in determining:
34(1) Eligibility for in-home supportive services provided pursuant
35to Article 7 (commencing with Section 12300) of Chapter 3 of
37(2) The amount of any payment for in-home supportive services.
38(c) The resources not to be considered as provided by this
39section shall be equal to, or in some proportion set by the State
40Department of Health Services or State Department of Social
P4 1Services that is less than equal to, the amount of long-term care
2insurance payments or benefits made as described in Section 22006.
begin delete State Department of Health Servicesend delete shall only certify a long-term care insurance
7policy or a health care service plan contract that meets the Medi-Cal
8asset protection requirements.
begin delete State Department of Health Care Servicesend delete
12 shall only certify a long-term care
13insurance policy that substantially meets the requirements of
14Chapter 2.6 (commencing with Section 10230) of Part 2 of Division
152 of the Insurance Code, except the requirements of Sections
1610232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance
17Code, and that provides all of the items specified in subdivision
begin delete State Department of Health Care Servicesend delete shall only certify a health care service plan
20contract that has been approved by the Department of Managed
21Health Care pursuant to Chapter 2.2 (commencing with Section
221340) of Division 2 of the Health and Safety Code as providing
23substantially equivalent coverage to that required by Chapter 2.6
24(commencing with Section 10230) of Part 2 of Division 2 of the
25Insurance Code, and that provides all of the items specified in
26subdivision (b). Policies issued by organizations subject to the
27Insurance Code and regulated by the Department of Insurance
28shall also be approved by the Department of Insurance.
29(b) Only policies and contracts that provide all of the following
30items shall be certified by the department:
31(1) Individual assessment and case management by a
32coordinating entity designated and approved by the department.
33(2) Levels and durations of benefits that meet minimum
34standards set by the
begin delete State Department of Health Care Servicesend delete
35 pursuant to Section 22009.
36(3) Protection against loss of benefits due to
begin delete inflation.end delete
6(4) A periodic record issued to the insured including an
7explanation of insurance payments or benefits paid that count
8 toward Medi-Cal asset protection under this division.
9(5) Compliance with any other requirements imposed by
10regulations adopted by the State Department of Health Care
begin delete Services orend delete the
12State Department of Social Services and consistent with the
13purposes of this division.
Each organization issuing policies certified by the
begin delete State Department of Health Servicesend delete under this division shall each year contribute to a fund to
19be used for common educational and marketing expenses for
20reaching the target population designated by the California
21Partnership for Long-Term Care. The amount of each participating
22issuer’s required annual contribution shall be determined by the
23department and shall not be less than twenty thousand dollars
The State Department of Health Services, in
28determining eligibility for Medi-Cal, and the State Department of
29Social Services, in determining eligibility for in-home supportive
30services, shall exclude resources up to, or equal to, the amount of
31insurance payments or benefits paid by approved and certified
32long-term care insurance policies or health care service plan
33contracts which cover long-term care services to the extent that
34the benefits paid are for all of the following:
35(a) In-home supportive services benefits specified in regulations
36adopted by the State Department of Social Services pursuant to
37Section 22009, or those services that Medi-Cal approves or benefits
38that Medi-Cal provides as specified in regulations adopted by the
39State Department of Health Services pursuant to Section
P6 1(b) Services delivered to insured individuals in a
2community setting as part of an individual assessment and case
3management program provided by coordinating entities designated
4and approved by the
begin delete State Department of Health Services.end delete
6(c) Services the insured
individual receives after meeting the
7disability criteria for eligibility for long-term care benefits
8established by the State Department of Health Services.
begin delete State Department of Health Servicesend delete shall adopt regulations to implement this
13division, including, but not limited to, regulations
begin delete whichend delete
15(1) The population and age groups that are eligible to participate
16in the program.
minimum level of long-term care insurance or long-term
18care coverage included in health care service plan contracts that
19must be purchased to meet the requirement of subdivision (b) of
21(3) The amount and types of services that a long-term care
22insurance policy or health care service plan contract
begin delete whichend delete
23 includes long-term care services must cover to meet the
24requirements of this division.
31(4) Which coordinating entities are designated and approved to
32deliver individual assessment and case management services to
33individuals in a community setting, as required by
34subdivision (b) of Section 22006.
39 The disability criteria for eligibility for long-term care
40benefits as required by subdivision (c) of Section 22006.
P7 1(6)end delete
2 The specific eligibility requirements for receipt of the
3Medi-Cal benefits provided for by the program, and those Medi-Cal
4benefits for which participants in the program shall be eligible.
6 The State Department of Social Services shall also adopt
7regulations to implement this division, including, but not limited
8to, regulations that establish:
9(1) The specific eligibility requirements for in-home supportive
11(2) Those in-home supportive services benefits for which
12participants in the program shall be eligible.
14 The State Department of Health Services and the State
15Department of Social Services shall also jointly adopt regulations
16that provide for the following:
17(1) Continuation of benefits pursuant to Section 22008.5.
18(2) The protection of a participant’s resources pursuant to
19Section 22004, and the ratio of resources to long-term care benefit
20payments as described in subdivision (c) of Section 22004.
22 The departments shall adopt emergency regulations
23pursuant to Chapter 3.5 (commencing with Section 11340) of Part
241 of Division 3 of Title 2 of the Government Code to implement
25this division. The adoption of regulations pursuant to this section
26in order to implement this division shall be deemed to be an
27emergency and necessary for the immediate preservation of the
28public peace, health, or safety.
29 Notwithstandingend delete
30 Chapter 3.5 (commencing with Section
3111340) of Part 1 of Division 3 of Title 2 of the Government Code,
32emergency regulations adopted pursuant to this section shall not
33be subject to the review and approval of the Office of
34Administrative Law. The regulations shall become effective
35immediately upon filing with the Secretary of State. The regulations
36shall not remain in effect more than 120 days unless the adopting
37agency complies with all of the provisions of Chapter 3.5
38(commencing with Section 11340) as required by subdivision (c)
39of Section 11346.1 of the Government Code.
(a) In implementing this division, the
begin delete State Department may contract,
4of Health Servicesend delete
5on a bid or nonbid basis, with any qualified individual,
6organization, or entity for services needed to implement the project,
7and may negotiate contracts, on a nonbid basis, with long-term
8care insurers, health care service plans, or both, for the provision
9of coverage for long-term care services that will meet the
10certification requirements set forth in Section 22005.1 and the
11other requirements of this division.
12(b) In order to achieve maximum cost savings, the Legislature
13declares that an expedited process for issuing contracts pursuant
14to this division is necessary. Therefore, contracts entered into on
15a nonbid basis pursuant to this section shall be exempt from the
16requirements of Chapter 1 (commencing with Section 10100) and
17Chapter 2 (commencing with Section 10290) of Part 2 of Division
182 of the Public Contract Code.
Section 8231 of the Education Code is amended
(a) For the purpose of this article, a “migrant agricultural
22worker family” means a family that has earned at least 50 percent
23of its total gross income from employment in fishing, agriculture,
24or agriculturally related work during the 12-month period
25immediately preceding the date of application for child care and
27(b) (1) Children of migrant agricultural worker families shall
28be enrolled in child development programs on the basis of the
30(A) The family moves from place to place.
31(B) The family has qualified under subparagraph (A) within the
32past five years and is currently dependent for its income on
33agricultural employment, but is currently settled near agricultural
35(C) The family resides in a rural agricultural area and is
36dependent upon seasonal agricultural work.
37(2) Eligibility and priority for services for the federally funded
38Migrant Child Development Program shall be in accordance with
39the applicable federal regulations.
P9 1(c) This section shall remain in effect only until July 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before July 1, 2017, deletes or extends that date.
Section 8231 is added to the Education Code, to read:
(a) For the purpose of this chapter, a “migrant
6agricultural worker family” means a family with at least one parent
7who has earned at least 50 percent of his or her income from
8employment in fishing, agriculture, or agriculturally related work
9during the 12-month period immediately preceding the date of
10application for child care and development services.
11(b) (1) For purposes of this article, priority for enrollment shall
12be given to children of migrant agricultural worker families in the
13following priority order:
14(A) The family moves from place to place.
15(B) The family has qualified under
subparagraph (A) within the
16past five years and is currently dependent for its income on
17agricultural employment, but is currently settled near agricultural
19(C) The family resides in a rural agricultural area and is
20dependent upon seasonal agricultural work.
21(2) Eligibility and priority for services for the federally funded
22migrant child care and development program shall be in accordance
23with the applicable federal regulations.
24(c) This section is operative on July 1, 2017.