BILL NUMBER: SB 1091 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN SENATE MAY 4, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 5, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Hancock
(Coauthors: Senators Alquist and Leno)
FEBRUARY 17, 2010
An act to amend Sections Section
14011.10 and 14053 of, and to add Section 14011.11
to, the Welfare and Institutions Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1091, as amended, Hancock. Medi-Cal: individuals in county
juvenile detention facilities.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
Under existing law, children in juvenile facilities are ineligible
to receive Medi-Cal benefits.
This bill would, subject to the receipt of federal financial
participation, make provide that Medi-Cal
benefits may be provided to individuals awaiting adjudication
in county juvenile detention facilities eligible for
Medi-Cal benefits if the an
individual is receiving eligible to receive
Medi-Cal benefits at the time he or she is admitted to the
detention facility, or the individual is subsequently determined to
be eligible for Medi-Cal benefits by the county welfare
department , and the county agrees to pay the state's share
of Medi-Cal expenditures and the state's administrative costs
through an intergovernmental transfer of funds
for the above-described benefits . This bill would provide
that these individuals the individual
would have their his or her Medi-Cal
benefits continued for the first 30 days of the individual's
stay in the county juvenile detention facility, or until
the date of the individual's adjudication ,
whichever period of time is less .
This bill would require the department to seek all federal
approvals or waivers necessary to implement these provisions and to
allow for federal financial participation. The bill would provide
that the above-described provisions shall be implemented on January
1, 2012, or on the date that all necessary federal approvals or
waivers are obtained and federal financial participation is
available, whichever is later.
This bill would provide that the above-described provisions shall
be implemented only if, to the extent that, and on the date that the
department receives written confirmation from the federal Centers for
Medicare and Medicaid Services that federal financial participation
is available and the Director of Health Care Services executes a
declaration stating that implementing the above-described provisions
will not jeopardize federal funding, as specified. The bill would
require the director to cease implementing the bill under prescribed
circumstances.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14011.10 of the Welfare and Institutions Code
is amended to read:
14011.10. (a) Except as provided in Section 14011.11, benefits
provided under this chapter to an individual under 21 years of age
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
under 21 years of age on Medi-Cal in the county is or will be an
inmate of a public institution.
(c) If an individual under 21 years of age 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, 2010, or the
date when all necessary federal approvals are obtained, whichever is
later.
(h) By January 1, 2010, 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, including any
needed changes to the protocols and procedures previously established
to implement Section 14029.5.
(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. Section 14011.11 is added to the Welfare and Institutions
Code, to read:
14011.11. (a) To the extent that federal financial participation
is available, Medi-Cal benefits provided under
this chapter may be provided to an individual awaiting
adjudication in a county juvenile detention facility if all
both of the following requirements are met:
(1) The individual is receiving eligible
to receive Medi-Cal benefits at the time the individual is
admitted to the juvenile detention facility , or
the individual is subsequently determined to be eligible for Medi-Cal
benefits by the county welfare department .
(2) The county agrees to pay the state's share of Medi-Cal
expenditures and the state's administrative costs through an
intergovernmental transfer of funds. for benefits
under this section.
(b) Benefits provided available
pursuant to this section shall continue for the first 30
days of the individual's stay in the juvenile detention facility, or
until the date of adjudication, whichever period of time is less.
(c) Nothing in this section shall be construed to require a county
to pay the state's share of Medi-Cal expenditures or the state's
administrative costs for Medi-Cal benefits that the state is
obligated to provide pursuant to an administrative action or court
order that is final and no longer subject to appeal.
(d) The department shall seek all federal approvals or waivers
necessary to implement this section and to allow for federal
financial participation.
(e) This section
shall be implemented on January 1, 2012, or on the date that all
necessary federal approvals or waivers are obtained and federal
financial participation is available, whichever is later.
until the date of the individual's adjudication.
(f)
(c) Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, initially the department shall
may implement and administer 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.
(d) This section shall be implemented only if, and to the extent
that, both of the following occur:
(1) The department receives written confirmation from the federal
Centers for Medicare and Medicaid Services that federal financial
participation is available to implement this section pursuant to
Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et
seq.).
(2) The director executes a declaration that states that
implementation of this section will not jeopardize the state's
ability to receive federal financial participation or any increase in
federal medical assistance percentage (FMAP) available on or after
October 1, 2008, or additional federal funds that the director, in
consultation with the Department of Finance, has determined would be
advantageous to the state.
(e) (1) If at any time the director determines that the statement
in the declaration executed pursuant to paragraph (2) of subdivision
(d) may no longer be accurate, the director shall give notice to the
Joint Legislative Budget Committee and to the Department of Finance.
Thereafter, if the director determines in consultation with the
Department of Finance that it is necessary to cease implementation of
this section in order to receive federal financial participation or
any increase in FMAP available on or after October 1, 2008, or
additional federal funds that the director, in consultation with the
Department of Finance, has determined would be advantageous to the
state, the director shall cease implementation of this section.
(2) 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 paragraph (1) by means of all-county letters
or similar instruction without taking regulatory action.
(f) If this section is implemented pursuant to subdivision (d), it
shall be implemented commencing on the date that both conditions
described in subdivision (d) have been satisfied.
SEC. 3. Section 14053 of the Welfare and
Institutions Code is amended to read:
14053. (a) The term "health care services" means the benefits set
forth in Article 4 (commencing with Section 14131) of this chapter
and in Section 14021. The term includes inpatient hospital services
for any individual under 21 years of age in an institution for mental
diseases. Any individual under 21 years of age receiving inpatient
psychiatric hospital services immediately preceding the date on which
he or she attains age 21 may continue to receive these services
until he or she attains age 22. The term also includes early and
periodic screening, diagnosis, and treatment for any individual under
21 years of age.
(b) The term "health care services" does not include, except to
the extent permitted by federal law, any of the following:
(1) Care or services for any individual who is an inmate of an
institution, except as a patient in a medical institution, or
pursuant to Section 14011.11.
(2) Care or services for any individual who has not attained 65
years of age and who is a patient in an institution for tuberculosis.
(3) Care or services for any individual who is 21 years of age or
over, except as provided in the first paragraph of this section, and
has not attained 65 years of age and who is a patient in an
institution for mental disease.
(4) Inpatient services provided to individuals 21 to 64 years of
age, inclusive, in an institution for mental diseases operating under
a consolidated license with a general acute care hospital pursuant
to Section 1250.8 of the Health and Safety Code, unless federal
financial participation is available for such inpatient services.