BILL NUMBER: SB 771 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN SENATE JANUARY 26, 2010
AMENDED IN SENATE DECEMBER 16, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Alquist
FEBRUARY 27, 2009
An act to amend Section 14005.25 of add
Section 14005.27 to the Welfare and Institutions Code, relating
to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 771, as amended, Alquist. Medi-Cal: continuous
eligibility: semiannual status reports. foster
children: eligibility.
Existing law establishes the federal Medicaid Program,
administered by each state, California's version of which is the
Medi-Cal program. The Medi-Cal program, which is administered by the
State Department of Health Care Services, provides health care
services to qualified low-income recipients.
This bill would, to the extent federal financial participation is
available, extend Medi-Cal eligibility, including eligibility for the
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
Program, to children who were formerly in foster care and are under
26 years of age, pursuant to prescribed provisions of federal law.
Because each county is responsible for making Medi-Cal eligibility
determinations, by expanding Medi-Cal eligibility the 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.
Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons. The
Medi-Cal program is partially governed and funded under federal
Medicaid provisions.
Existing law, until July 1, 2012, requires the department, subject
to the availability of federal financial participation, to exercise
a federal option to expand continuous eligibility to children 19
years of age and younger for 6 months, after which date the
continuous eligibility period shall be from the date of a
determination of eligibility to the earlier of either the end of a
12-month period following the eligibility determination or the date
the child exceeds 19 years of age.
Existing law provides that the provisions limiting continuous
eligibility to 6 months shall be inoperative from March 27, 2009,
until the date the Director of Health Care Services executes a
declaration specifying that increased federal financial participation
is no longer available pursuant to the federal American Recovery and
Reinvestment Act of 2009 (ARRA).
This bill would, instead, provide that the provisions limiting
continuous eligibility to 6 months shall be inoperative from March
27, 2009, until the date the director executes a declaration
specifying that increased federal financial participation is no
longer available pursuant to ARRA or any subsequent federal
legislation that amends ARRA to maintain or extend increased federal
financial participation for 2 calendar quarters.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14005.27 is added to the
Welfare and Institutions Code , to read:
14005.27. (a) To the extent federal financial participation is
available, the department shall extend Medi-Cal eligibility,
including eligibility for the Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT) Program, to children who were
formerly in foster care and are under 26 years of age, pursuant to
the federal Patient Protection and Affordable Care Act (Public Law
111-148), as amended by the federal Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152).
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement this section, without taking any regulatory
action, by means of all-county letters or similar instructions.
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.
(c) This section shall become operative January 1, 2014.
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.
SECTION 1. Section 14005.25 of the Welfare and
Institutions Code, as amended by Section 1 of Chapter 24 of the Third
Extraordinary Session of the Statutes of 2009, is amended to read:
14005.25. (a) To the extent federal financial participation is
available, the department shall exercise the option under Section
1902(e)(12) of the federal Social Security Act (42 U.S.C. Sec. 1396a
(e)(12)) to extend continuous eligibility to children 19 years of age
and younger. A child shall remain eligible pursuant to this
subdivision from the date of a determination of eligibility for
Medi-Cal benefits until the earlier of either:
(1) The end of a 12-month period following the eligibility
determination.
(2) The date the individual exceeds the age of 19 years.
(b) This section shall be implemented only if, and to the extent
that, federal financial participation is available.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall, without taking regulatory action, implement this
section by means of all county letters or similar instructions.
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.
(d) In order to implement changes in the level of funding for
health care services, commencing on the first day of the month
following 90 days after the operative date of amendments to this
section that added this subdivision, the continuous eligibility time
period provided in paragraph (1) of subdivision (a) shall be reduced
to six months.
(e) (1) Subdivision (d) shall be inoperative from the date the act
adding this subdivision becomes effective until the date the
Director of Health Care Services executes a declaration specifying
that increased federal financial participation is no longer available
pursuant to the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5) or any subsequent federal legislation that
amends the federal American Recovery and Reinvestment Act of 2009 to
maintain or extend increased federal financial participation for two
calendar quarters.
(2) The department shall redetermine the continuous eligibility
period of any child whose continuous eligibility period was
determined or redetermined pursuant to subdivision (d) during the
first calendar year quarter of 2009 and shall grant to that child the
period of continuous eligibility provided for in subdivision (a),
retroactive to the date that the determination or redetermination
under subdivision (d) was made.
(f) This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.