BILL NUMBER: SB 1091 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
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 Section 14011.10 of, and to add Section 14011.11
to, the Welfare and Institutions Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1091, 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, provide that Medi-Cal benefits may be provided to
individuals awaiting adjudication in county juvenile detention
facilities if an individual is 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, and the county agrees to pay the state's share of Medi-Cal
expenditures and the state's administrative costs for the
above-described benefits. This bill would provide that the individual
would have his or her Medi-Cal benefits continued until the date of
the individual's adjudication.
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.
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 may be provided to an individual
awaiting adjudication in a county juvenile detention facility if both
of the following requirements are met:
(1) The individual is 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.
(2) The county agrees to pay the state's share of Medi-Cal
expenditures and the state's administrative costs for benefits under
this section.
(b) Benefits available pursuant to this section shall continue
until the date of the individual's adjudication.
(c) 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 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.