BILL NUMBER: AB 2668	CHAPTERED  09/28/00

	CHAPTER   804
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   SEPTEMBER 1, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 10, 2000

INTRODUCED BY   Assembly Member Battin

                        FEBRUARY 25, 2000

   An act to add Sections 14132.92 and 14132.93 to the Welfare and
Institutions Code, relating to Medi-Cal, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2668, Battin.  Medi-Cal:  long-term care services:  persons
with developmental disabilities.
   Existing law provides for the Medi-Cal program, administered by
the State Department of Health Services, under which basic health
care services are provided to qualified low-income services.  Among
those services covered under the Medi-Cal program are services
provided in long-term health care facilities.
   This bill would provide for coverage of services provided to
individuals with developmental disabilities residing in certain types
of long-term health care facilities.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14132.92 is added to the Welfare and
Institutions Code, to read:
   14132.92.  (a) Notwithstanding subdivision (a) of Section 4512, or
any other provision of this chapter or Chapter 8 (commencing with
Section 14200), services provided on or after July 1, 2000, by
facilities defined in subdivisions (e) and (h) of Section 1250 of the
Health and Safety Code that are otherwise covered services under
this chapter shall be reimbursed by the Medi-Cal program when
provided to a Medi-Cal beneficiary that has a developmental
disability as defined in Section 6001(8) of Title 42 of the United
States Code or is a person with a related condition as defined in
Section 435.1009 of Title 42 of the Code of Federal Regulations,
provided that the Medi-Cal beneficiary was residing in a licensed
intermediate care facility/developmentally disabled-habilitative or a
licensed intermediate care facility/developmentally disabled-nursing
on July 1, 2000, but only for as long as the beneficiary continues,
from that date, to reside in a licensed intermediate care
facility/developmentally disabled-habilitative or a licensed
intermediate care facility/developmentally disabled-nursing.
   (b) Nothing in subdivision (a) shall eliminate, for purposes of
reimbursement under this section, the requirements and time limits
set forth in Section 14115, or any regulations adopted thereunder.
   (c) The department shall seek further financial participation, and
shall seek federal approval of a state plan amendment if necessary
under Section 440.150 of Title 42 of the Code of Federal Regulations,
for services provided pursuant to subdivision (a).  If federal
financial participation is not made available for the services, the
services nonetheless shall be reimbursed from the General Fund.
  SEC. 2.  Section 14132.93 is added to the Welfare and Institutions
Code, to read:
   14132.93.  It is the intent of the Legislature that if services
meeting the conditions of subdivision (a) of Section 14132.92 have
been provided to a Medi-Cal beneficiary during the time period of
June 15, 1998, to July 2, 2000, and notwithstanding Section 14115, a
bill for these services is submitted on behalf of each beneficiary
receiving these services postmarked to the department on or before
April 30, 2001, the services shall be reimbursed by the General Fund.
  However, the department shall seek federal financial participation
and shall seek federal approval of a state plan amendment if
necessary under Section 440.150 of Title 42 of the Code of Federal
Regulations, for these services provided during that period.  If
federal financial participation is not made available for that
period, the services nonetheless shall be reimbursed from the General
Fund.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that certain persons with developmental
disabilities receive Medi-Cal services at the earliest possible time,
it is necessary that this act take effect immediately.