BILL ANALYSIS �
AB 2612
Page 1
GOVERNOR'S VETO
AB 2612 (Dababneh)
As Amended August 19, 2014
2/3 vote
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|ASSEMBLY: |69-1 |(May 28, 2014) |SENATE: |32-1 |(August 25, |
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|ASSEMBLY: |74-2 |(August 27, |SENATE: |32-1 |(August 25, |
| | |2104) | | |2014) |
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Original Committee Reference: HEALTH
SUMMARY : Requires the Department of Health Care Services (DHCS)
to request a federal waiver to authorize federal financial
participation (FFP) for health home services provided to
individuals who are otherwise eligible to receive health home
services and who are state or county inmates in their last 30
days in custody.
The Senate amendments remove provisions of this bill requiring
DHCS to request a federal waiver to receive FFP under the
Medi-Cal program for residential substance use disorder
treatment in institutions for mental diseases (IMD), and clarify
intent language.
FISCAL EFFECT : According to the Senate Appropriations
Committee, minor additional staff costs to include a provision
relating to services for inmates in the state's forthcoming
waiver application to implement the Health Home Program. No
significant increase in state costs is anticipated by adding
services for inmates to the Health Home Program.
COMMENTS : According to the author of this bill, drug or alcohol
abuse and dependency is a significant issue for people in the
AB 2612
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criminal justice system. Data collected in 2009 by the Office
of National Drug Control Policy's Arrestee Drug Abuse Monitoring
program showed that males 18 years of age and older in the
justice system tested positive for recent use of drugs and
admitted to that use in far higher rates than the general
population, with nearly 80% of arrestees in Sacramento testing
positive for the presence of at least one drug. Over half of
women in jail and 44% of men in jail have a drug or alcohol
dependency. Left untreated, these issues can act as a driver of
crime.
Until recently, most of the jail inmate population did not have
access to health coverage - up to 90% were uninsured in one
survey of the San Francisco jail population. Recent changes in
federal and California law under the federal Patient Protection
and Affordable Care Act have expanded coverage to this
population, creating new opportunities for coverage for drug
treatment programs. However, because federal law prohibits
federal reimbursement for residential drug treatment in IMDs,
there is a dearth of available residential substance use
disorder treatment beds. The author states that this bill would
help counties create innovative ways to access Drug Medi-Cal and
would seek a specific waiver of the IMD exclusion for
residential substance use disorder treatment less than 90 days.
Californians for Safety and Justice, the sponsor of this bill,
writes that the availability of substance use disorder treatment
is of particular import to people in the criminal justice
system. Studies have shown up to 90% of the individuals that
cycle in and out of the justice system do not have health
insurance and suffer significantly higher prevalence of
substance use disorders. When these underlying drivers of crime
remain undetected or untreated, the behaviors of people in the
justice system often remain the same or worsen, contributing to
recidivism and high costs in the justice system. By seeking a
waiver to allow for FFP for residential substance use disorder
treatment, the sponsor argues, we can help stop the cycle of
crime. The sponsor notes increased health care enrollment for
individuals in the justice system has demonstrated positive
results in other jurisdictions: a 2009 California Department of
AB 2612
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Corrections and Rehabilitation report showed a 61% recidivism
reduction for female inmates accessed substance abuse treatment
and a 29% reduction for male inmates who accessed such
treatment.
This bill has no known opposition.
GOVERNOR'S VETO MESSAGE :
"The bill would require the Department of Health Care Services
to request a federal waiver to claim federal funds for the care
management and supportive services for state and county inmates
during the last 30 days prior to their release.
"Unfortunately, federal law prohibits such funding and no such
waiver is viable.
"The Department of Health Care Services will continue to work
with the Department of Corrections and Rehabilitation and
counties to coordinate connections to needed health care
services for soon-to-be released inmate."
Analysis Prepared by : Paula Villescaz / HEALTH / (916)
319-2097
FN: 0005607