Amended in Senate March 29, 2016

Senate BillNo. 1384


Introduced by Senator Liu

February 19, 2016


An act tobegin delete amend, repeal, and add Section 8231 of the Education Code, relating to child care.end deletebegin insert amend Sections 22002, 22003, 22004, 22005, 22005.1, 22005.2, 22006, 22009, and 22010 of the Welfare and Institutions Code, relating to long-term care.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1384, as amended, Liu. begin deleteChild care and development services: children of migrant agricultural worker families.end deletebegin insertCalifornia Partnership for Long-Term Care Program.end insert

begin insert

Existing law establishes the California Partnership for Long-Term Care Program administered by the State Department of Health Care Services. The purpose of the program is to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services program and Medi-Cal and to provide Medi-Cal benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. Existing law provides criteria for certification of a long-term care insurance policy, including a requirement that it provide protection against loss of benefits due to inflation.

end insert
begin insert

This bill would shift administrative responsibilities for the program to the California Department of Aging, and would require the department to adopt regulations requiring that a long-term care insurance policy or health care service plan contract that includes long-term care services include nursing and residential care facility coverage only, home care and community-based care coverage only, or comprehensive coverage. The bill would also require that a long-term care insurance policy, as a condition of certification, include specified protections against loss of benefits due to inflation.

end insert
begin 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
begin 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 22002 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert is amended to read:end insert

3

22002.  

The State Department of Healthbegin insert Careend insert Services shall
4seek any federal waivers and approvals necessary to accomplish
5the purposes of this division.

6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 22003 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
7amended to read:end insert

8

22003.  

(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 Healthbegin insert Careend insert 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 thebegin delete State Department of Health Servicesend deletebegin insert California
7Department of Agingend insert
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 thebegin delete State Department of Health
13Servicesend delete
begin insert California Department of Agingend insert pursuant to Section
1422009.

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.

20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 22004 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
21amended to read:end insert

22

22004.  

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 Healthbegin insert Careend insert Services in
28determining:

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
36Division 9.

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 Healthbegin insert Careend insert 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.

3begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 22005 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
4 amended to read:end insert

5

22005.  

Thebegin delete State Department of Health Servicesend deletebegin insert California
6Department of Agingend insert
shall only certify a long-term care insurance
7policy or a health care service plan contract that meets the Medi-Cal
8asset protection requirements.

9begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 22005.1 of the end insertbegin insertWelfare and Institutions Codeend insert
10
begin insert is amended to read:end insert

11

22005.1.  

(a) Thebegin delete State Department of Health Care Servicesend delete
12begin insert California Department of Agingend insert 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
18(b). Thebegin delete State Department of Health Care Servicesend deletebegin insert California
19Department of Agingend insert
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 thebegin delete State Department of Health Care Servicesend delete
35begin insert California Department of Agingend insert pursuant to Section 22009.

36(3) begin insert(A)end insertbegin insertend insert Protection against loss of benefits due tobegin delete inflation.end delete
37
begin insert inflation, which shall include both of the following:end insert

begin insert

38
(i) One option no less favorable than that required by Section
3910237.1 of the Insurance Code.

end insert
begin insert

P5    1
(ii) One lower cost option, consistent with the requirements of
2the federal Deficit Reduction Act of 2005 (Public Law 109-171).

end insert
begin insert

3
(B) The insurer or producer shall, at the time of application,
4provide to the consumer an illustration comparing the premium
5rate and benefits of each option over time.

end insert

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
11begin delete Services orend deletebegin insert Services, the California Department of Aging, orend insert the
12State Department of Social Services and consistent with the
13purposes of this division.

14begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 22005.2 of the end insertbegin insertWelfare and Institutions Codeend insert
15
begin insert is amended to read:end insert

16

22005.2.  

Each organization issuing policies certified by the
17begin delete State Department of Health Servicesend deletebegin insert California Department of
18Agingend insert
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
24($20,000).

25begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 22006 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
26amended to read:end insert

27

22006.  

The State Department of Healthbegin insert Careend insert 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 Healthbegin insert Careend insert Services pursuant to Section
4022009.

P6    1(b) Services delivered to insured individualsbegin insert at home orend insert in a
2community setting as part of an individual assessment and case
3management program provided by coordinating entities designated
4and approved by thebegin delete State Department of Health Services.end delete
5
begin insert California Department of Aging.end insert

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 Healthbegin insert Careend insert Services.

9begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 22009 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
10amended to read:end insert

11

22009.  

(a) Thebegin delete State Department of Health Servicesend deletebegin insert California
12Department of Agingend insert
shall adopt regulations to implement this
13division, including, but not limited to, regulationsbegin delete whichend deletebegin insert thatend insert
14 establish:

15(1) The population and age groups that are eligible to participate
16in the program.

17(2) The 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
20Section 22003.

21(3) begin insert(A)end insertbegin insertend insert The amount and types of services that a long-term care
22insurance policy or health care service plan contractbegin delete whichend deletebegin insert thatend insert
23 includes long-term care services must cover to meet the
24requirements of this division.begin insert The types of policies or plans shall
25include nursing and residential care facility coverage only, home
26care and community-based care coverage only, and comprehensive
27coverage.end insert

begin insert

28
(B) Policies that provide only home care benefits shall include
29coverage for electronic or other devices intended to assist in
30monitoring the health and safety of an insured.

end insert

31(4) Which coordinating entities are designated and approved to
32deliver individual assessment and case management services to
33individualsbegin insert at home orend insert in a community setting, as required by
34subdivision (b) of Section 22006.

begin insert

35
(b) The State Department of Health Care Services shall also
36adopt regulations to implement this division, including, but not
37limited to, regulations that establish:

end insert
begin delete

38(5)

end delete

39begin insert(1)end insert The disability criteria for eligibility for long-term care
40benefits as required by subdivision (c) of Section 22006.

begin delete

P7    1(6)

end delete

2begin insert(2)end insert 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.

begin delete

5(b)

end delete

6begin insert(c)end insert 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
10services benefits.

11(2) Those in-home supportive services benefits for which
12participants in the program shall be eligible.

begin delete

13(c)

end delete

14begin insert(d)end insert The State Department of Healthbegin insert Careend insert 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.

begin delete

21(d)

end delete

22begin insert(e)end insertbegin insert(1)end insertbegin insertend insert 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.

begin delete

29 Notwithstanding

end delete

30begin insert(2)end insertbegin insertend insertbegin insertNotwithstandingend insert 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.

P8    1begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 22010 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

22010.  

(a) In implementing this division, thebegin delete State Department
4of Health Servicesend delete
begin insert California Department of Agingend insert may contract,
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.

begin delete
19

SECTION 1.  

Section 8231 of the Education Code is amended
20to read:

21

8231.  

(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
26development services.

27(b) (1) Children of migrant agricultural worker families shall
28be enrolled in child development programs on the basis of the
29following priorities:

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
34areas.

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.

4

SEC. 2.  

Section 8231 is added to the Education Code, to read:

5

8231.  

(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
18areas.

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.

end delete


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