BILL NUMBER: AB 334	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2009

   An act to add Section 14011.11 to the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 334, as introduced, Fuentes. Medi-Cal: eligibility: inmates.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is governed, in part, by federal
Medicaid provisions.
   Existing law, commencing the later of January 1, 2010, or the date
that all necessary federal approvals are obtained, requires, to the
extent permitted under federal law, Medi-Cal benefits provided to an
individual under 21 years of age who is an inmate of a public
institution to be suspended, rather than terminated. Existing law
requires county welfare departments to notify the department within
10 days of receiving information that an individual under 21 years of
age on Medi-Cal in the county is or will be an inmate of a public
institution. Existing law also requires, by a specified time period,
the department, in consultation with the Chief Probation Officers of
California and the County Welfare Directors Association, to establish
the protocols and procedures necessary to implement these
provisions.
   This bill would expand the above provisions, commencing the later
of January 1, 2011, or the date that all necessary federal approvals
are obtained, to the extent permitted under federal law, to an
individual who is 21 years of age or older who is an inmate of a
public institution.
   By expanding the duties of county welfare departments, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 14011.11 is added to the Welfare and
Institutions Code, to read:
   14011.11.  (a) Benefits provided under this chapter to an
individual 21 years of age or older who is an inmate of a public
institution shall be suspended in accordance with Section 1396d(a)
(28)(A) of Title 42 of the United States Code as provided in
subdivision (c).
   (b) County welfare departments shall be required to notify the
department within 10 days of receiving information that an individual
21 years of age or older on Medi-Cal in the county is or will be an
inmate of a public institution.
   (c) If an individual 21 years of age or older who is a Medi-Cal
beneficiary on the date he or she becomes an inmate of a public
institution, his or her benefits under this chapter and under Chapter
8 (commencing with Section 14200) shall be suspended effective the
date he or she becomes an inmate of a public institution. The
suspension will end on the date he or she is no longer an inmate of a
public institution or one year from the date he or she becomes an
inmate of a public institution, whichever is sooner.
   (d) Nothing in this section shall create a state-funded benefit or
program. Health care services under this chapter and Chapter 8
(commencing with Section 14200) shall not be available to inmates of
public institutions whose Medi-Cal benefits have been suspended under
this section.
   (e) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to the
extent that any necessary federal approval of state plan amendments
or other federal approvals are obtained.
   (f) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be inoperable.
   (g) This section shall be implemented on January 1, 2011, or the
date when all necessary federal approvals are obtained, whichever is
later.
   (h) By January 1, 2011, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and the
County Welfare Directors Association, shall establish the protocols
and procedures necessary to implement this section.
   (i) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.