BILL NUMBER: SB 1487 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Hernandez
FEBRUARY 24, 2012
An act to amend Section 14105.986 of add
Section 14005.27 to the Welfare and Institutions Code, relating
to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1487, as amended, Hernandez. Medi-Cal:
disproportionate share hospitals: children's hospitals.
eligibility: former foster youths.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which health care benefits are provided to qualified low-income
individuals. The Medi-Cal program is, in part, governed and funded
by federal Medicaid provisions. Existing law authorizes a
children's hospital that holds a consolidated license, as specified,
to be evaluated for eligibility for Medi-Cal payment adjustment
amounts under a disproportionate share list using data related to all
physical plants appearing on the consolidated license. For purposes
of calculating the appropriate amount of the payment adjustment,
existing law requires the department to use data relating only to the
children's hospital or any other physical plant appearing on the
consolidated license that is not more than 15 miles from the children'
s hospital.
This bill would make technical, nonsubstantive changes to
those provisions. , to the extent federal financial
participation is available and to the extent required by federal law,
extend Medi-Cal eligibility, including eligibility for the Early and
Periodic Screening, Diagnosis, and Treatment (EPSDT) Program, to
youths who were formerly in foster care and who 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.
Vote: majority. Appropriation: no. Fiscal committee: no
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 and to the extent required by federal law, the department
shall extend Medi-Cal eligibility, including eligibility for the
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
Program, to youths who were formerly in foster care and who 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) The department may implement this section by adopting
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.
SECTION 1. Section 14105.986 of the Welfare and
Institutions Code is amended to read:
14105.986. (a) A children's hospital as defined in Section 10727
that holds a consolidated license issued pursuant to subparagraph (C)
of paragraph (4) of subdivision (b) of Section 1250.8 of the Health
and Safety Code may be evaluated for eligibility for payments under
subdivision (c) of Section 14105.98 no earlier than January 1, 2000,
using data related to all physical plants appearing on the
consolidated license. For purposes of calculating the appropriate
amount of the payment adjustment under subdivision (l) of Section
14105.98 for these children's hospitals, the department shall use
data relating only to the children's hospital or to another physical
plant appearing on the consolidated license that is not more than 15
miles from the children's hospital, and shall exclude data relating
to a physical plant added to the consolidated license pursuant to
subparagraph (C) of paragraph (4) of subdivision (b) of Section
1250.8 of the Health and Safety Code.
(b) The department shall not implement this section unless all of
the following occur:
(1) Federal financial participation is available.
(2) The federal Centers for Medicare and Medicaid Services
approves a state plan amendment to implement this section.
(3) All data necessary to complete the evaluations and
calculations required by subdivision (a) are provided to the
department from the same sources described in Section 14105.98 and in
the approved state plan existing on July 1, 1998. In no event shall
data directly provided by a children's hospital be utilized for these
evaluations and calculations.