Amended in Senate March 26, 2014

Senate Bill No. 1320

Introduced by Senator Torres

February 21, 2014

An act to begin delete amend Section 11463 of the Welfare and Institutions Code, relating to public social services. end delete begin insert add Section 14007.3 to the Welfare and Institutions Code, relating to Medi-Cal. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1320, as amended, Torres. begin delete Social services. end delete begin insert Medi-Cal: eligibility. end insert

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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. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions.

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This bill would allow a military service member’s dependent, who is receiving home- and community-based services, to retain eligibility for those services or have his or her benefits temporarily suspended while he or she is living out of state due to the military service member being posted outside the state on military assignment, as provided. The bill would require the department, when an application is submitted on behalf of a military service member’s dependent to receive home- and community-based services, to determine whether the dependent is eligible and qualified to receive those services, excluding from consideration any military service health benefit plan coverage that the dependent may be receiving at the time of the application. The bill would also require the department to approve the application if the dependent is otherwise eligible, require the department to direct services to the dependent upon receipt of certain documents, and require the services to be furnished on the date of the dependent’s expected residency in this state.

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Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. Under existing law, AFDC-FC benefits are available, with specified exceptions, on behalf of qualified children under 18 years of age. Existing law requires the State Department of Social Services, with the advice, assistance, and cooperation of the counties and foster care providers, to develop, implement, and maintain a ratesetting system for foster family agencies. Existing law requires that the AFDC-FC basic rate payment made to a certified home of a foster family agency be equal to the basic rate paid for children placed in a licensed or approved foster home.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 14007.3 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 14007.3. end insert   

(a) (1) A dependent of a military service member,
who is receiving home- and community-based services under the
state’s Section 1915(c) waiver, shall retain eligibility for those
services or have his or her benefits temporarily suspended if the
military service member is a resident of the state and if the
dependent leaves the state due to the military service member being
posted outside the state on military assignment. When the
dependent returns to the state, the dependent shall continue to
receive services under the waiver as though the dependent had
remained in the state during the period in which the dependent
was residing outside the state.

(2) The military service member may be considered a resident
of this state if the military service member demonstrates intent to
make California his or her principal place of residence. Factors
supporting this intent include all of the following:

(A) Being registered to vote in California.

(B) Filing a California income tax return in the preceding year.

(C) Holding a current, valid California driver’s license or
identification card.

(b) (1) When an application is submitted on behalf of a military
service member’s dependent to receive services under the state’s
Section 1915(c) waiver, the department shall determine whether
the dependent is eligible and qualified to receive services provided
under the home- and community-based services programs,
excluding from consideration any military service health benefit
plan coverage that the dependent may be receiving at the time of
the application. If the dependent is otherwise eligible, the
department shall approve the application.

(2) The department shall direct services to the dependent upon
receipt of the military service member’s DD Form 214, Certificate
of Release or Discharge from Active Duty, and a statement that
the dependent is a California resident.

(3) If the dependent is not yet residing in the state, services shall
be furnished on the date of the dependent’s expected date of
residency.

(c) If necessary, the department shall request an amendment to
the state’s Section 1915(c) waiver in order to implement these
provisions.

(d) The department may adopt rules and regulations to
implement the provisions of this section, as necessary.

(e) For purposes of this section, the following definitions apply:

(1) “Dependent” means the spouse, birth child, adopted child,
or stepchild of a military service member.

(2) “Military service member” means a person serving in the
United States Armed Forces or Military Reserve.

(3) “Section 1915(c) waiver” means home- and
community-based waivers for the developmentally disabled under
Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec.
1396n(c)).

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begin delete

SECTION 1.  

Section 11463 of the Welfare and Institutions
Code is amended to read:

11463.  

(a) (1) The department, with the advice, assistance,
and cooperation of the counties and foster care providers, shall
develop, implement, and maintain a ratesetting system for foster
family agencies.

(2) A county shall not be reimbursed for any percentage
increases in payments, made on behalf of AFDC-FC funded
children who are placed with foster family agencies, that exceed
the percentage cost-of-living increase provided in any fiscal year
beginning on January 1, 1990, as specified in subdivision (c) of
Section 11461.

(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.

(c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions
about the setting of an agency’s rate.

(d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the
department’s regulations, for foster family agencies shall be
increased by 6 percent, rounded to the nearest dollar. The resultant
amounts shall constitute the new schedule of rates for foster family
agencies.

(e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the
department’s regulations for foster family agencies shall be
adjusted by an amount equal to the California Necessities Index
computed pursuant to Section 11453, rounded to the nearest dollar,
subject to the availability of funds. The resultant amounts shall
constitute the new schedule of rates for foster family agencies,
subject to further adjustment pursuant to paragraph (2).

(2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the
components used in the rate calculations specified in the
department’s regulations for foster family agencies shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new schedule of rates for
foster family agencies.

(f) For the 1999-2000 fiscal year, foster family agency rates
that are not determined by the schedule of rates set forth in the
department’s regulations, shall be increased by the same percentage
as provided in subdivision (e).

(g) (1) For the 2000-01 fiscal year and each fiscal year
thereafter, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds. The supplemental payment
shall be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency
rate.

(2) Notwithstanding paragraph (1), commencing with the
2012-13 fiscal year, and each fiscal year thereafter, no
supplemental clothing allowance shall be provided, because the
rate issued in accordance with paragraph (1) of subdivision (m)
takes the cost of clothing into account.

(h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department’s regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001. This
additional funding shall be used by foster family agencies solely
to supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities. The schedule of rates shall be
recomputed using the adjusted amount for social work activities.
The resultant amounts shall constitute the new schedule of rates
for foster family agencies. The department may require a foster
family agency receiving this additional funding to certify that the
funding was utilized in accordance with the provisions of this
section.

(i) The increased rate provided by subparagraph (C) of paragraph
(1) of subdivision (d) of Section 11461 shall not be used to compute
the monthly amount that may be paid to licensed foster family
agencies for the placement of children in certified foster homes.

(j) The total foster family agency rate by age group in effect as
of January 1, 2008, paid to licensed foster family agencies for the
placement of children in certified foster family homes, shall be
reduced by 10 percent, effective October 1, 2009. The foster family
agency shall have flexibility in applying the reduction, however,
nothing shall be deducted from the child base rate, as defined in
departmental regulations. When the rate is restored to at least the
rate in effect on September 1, 2009, the director shall issue the
declaration described in Section 1506.3 of the Health and Safety
Code.

(k) Effective October 1, 2009, the total foster family agency
rate by age group, in effect for those agency rates that are not
determined by the schedule of rates set forth in the department’s
regulations, shall be reduced by the same percentage and in the
same manner as provided for in subdivision (j).

(l) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.

(2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(m) (1) On and after July 1, 2012, the basic rate payment that
shall be made to a certified parent pursuant to this section for the
care and supervision of a child who is living in a certified home
of a foster family agency, as defined in Section 11400, shall be
equal to the basic rate for children based in a licensed or approved
home, as specified in paragraph (1) of subdivision (g) of Section
11461.

(2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in
accordance with paragraph (2) of subdivision (g) of Section 11461.
The adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e).

(n) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (m) shall not change the
remaining components of the foster family agency rate. The new
foster family agency rate shall be increased only by the amounts
specified pursuant to subdivision (m). The resulting amounts shall
constitute the new schedule of rates for foster family agencies,
which shall be issued by all-county letters or similar instructions
from the department.

(o) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(p) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement, interpret, or make specific
the changes to this section made by Chapter 35 of the Statutes of
2012, and amend and repeal regulations and orders subject to this
section and adopted by the department by means of all-county
letters or similar instructions from the department until regulations
are adopted. The department shall adopt emergency regulations
no later than July 1, 2014. The department may readopt any
emergency regulation authorized by this section that is the same
as, or substantially equivalent to, an emergency regulation
previously adopted under this section.

(2) The initial adoption of emergency regulations pursuant to
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review
by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time
final regulations may be adopted.

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