BILL NUMBER: AB 794 CHAPTERED
BILL TEXT
CHAPTER 23
FILED WITH SECRETARY OF STATE JUNE 30, 2005
APPROVED BY GOVERNOR JUNE 29, 2005
PASSED THE ASSEMBLY JUNE 23, 2005
PASSED THE SENATE JUNE 16, 2005
AMENDED IN SENATE JUNE 9, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
INTRODUCED BY Assembly Member Chu
FEBRUARY 18, 2005
An act to add Section 12698.35 to the Insurance Code, and to add
Section 14007.705 to the Welfare and Institutions Code, relating to
health care.
LEGISLATIVE COUNSEL'S DIGEST
AB 794, Chu. Health care funding: aliens: Access for Infants and
Mothers Program (AIM).
Existing law provides for the Healthy Families Program,
administered by the Managed Risk Medical Insurance Board, to arrange
for the provision of health care services to children under 19 years
of age. The Healthy Families Program is supported from allocations
from the federal State Children's Health Insurance Program (SCHIP).
Existing law establishes the Access for Infants and Mothers (AIM)
Program, administered by the Managed Risk Medical Insurance Board, to
provide health insurance coverage for certain eligible persons who
pay a subscriber contribution. The AIM Program provides coverage, at
a minimum, to subscribers during one pregnancy, and for 60 days
thereafter, and to children less than 2 years of age who were born of
a pregnancy covered under this program to a woman enrolled in the
program before July 1, 2004.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services and under
which qualified low-income persons receive health care benefits.
Existing law provides that any alien who is otherwise eligible for
Medi-Cal services, but who does not meet certain federal residency
requirements, is only eligible for care and services that are
necessary for the treatment of an emergency medical condition and
medical care directly related to the emergency and for medically
necessary pregnancy-related services. However, the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 makes
any alien who is not a qualified alien, as defined, ineligible for
federal public benefits, including medical assistance under the
federal Medicaid Program for assistance other than care and services
necessary for the treatment of an emergency medical condition.
Federal law also prohibits a state from providing defined state
public benefits to certain aliens, unless state legislation is
enacted subsequent to the effective date of the act, August 22, 1996.
This bill would provide that the department may accept or use
federal moneys allocated to the state under SCHIP to fund the
medically necessary pregnancy-related services provided to aliens
under the Medi-Cal program, and would authorize the board to accept
and use these moneys for women in the AIM Program, only when, during
the period of coverage under these programs, the woman is the
beneficiary. This bill would provide that it is a declaration of
existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12698.35 is added to the Insurance Code, to
read:
12698.35.
(a) Through its courts, statutes, and under its Constitution,
California protects a woman's right to reproductive privacy.
California reaffirms these protections and specifically its Supreme
Court decision in People v. Belous (1969) 71 Cal.2d 954, 966-68.
(b) The State Department of Health Services and the Managed Risk
Medical Insurance Board may accept or use moneys under Title XXI of
the federal Social Security Act (known as the State Children's Health
Insurance Program or S-CHIP), as interpreted in Section 457.10 of
Title 42 of the Code of Federal Regulations, to fund services for
women pursuant to Section 14007.7 of the Welfare and Institutions
Code (Medi-Cal) and Part 6.3 (commencing with Section 12695) (Access
for Infants and Mothers (AIM)) only when, during the period of
coverage, the woman is the beneficiary. The scope of services covered
under Medi-Cal and AIM, as defined in statutes, regulations, and
state plans, is not altered by this section or the state plan
amendment submitted pursuant to this section.
(c) California's S-CHIP plan and any amendments submitted and
implemented pursuant to this section shall be consistent with
subdivisions (a) and (b).
(d) This section is a declaration of existing law.
SEC. 2. Section 14007.705 is added to the Welfare and Institutions
Code, to read:
14007.705.
(a) Through its courts and statutes, and under its Constitution,
California protects a woman's right to reproductive privacy.
California reaffirms these protections and specifically its Supreme
Court decision in People v. Belous (1969) 71 Cal.2d 954, 966-68.
(b) The State Department of Health Services and the Managed Risk
Medical Insurance Board may accept or use moneys under Title XXI of
the federal Social Security Act (known as the State Children's Health
Insurance Program or S-CHIP), as interpreted in Section 457.10 of
Title 42 of the Code of Federal Regulations, to fund services for
women pursuant to Section 14007.7 (Medi-Cal) and Part 6.3 (commencing
with Section 12695) (Access for Infants and Mothers (AIM)) of
Division 2 of the Insurance Code only when, during the period of
coverage, the woman is the beneficiary. The scope of services covered
under Medi-Cal and AIM, as defined in statutes, regulations, and
state plans, is not altered by this section or the state plan
amendment submitted pursuant to this section.
(c) California's S-CHIP plan and any amendments submitted and
implemented pursuant to this section shall be consistent with
subdivisions (a) and (b).
(d) This section is a declaration of existing law.