BILL NUMBER: AB 52 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 1999
INTRODUCED BY Assembly Member Cedillo
DECEMBER 7, 1998
An act to add Section 7560.5 to the Government Code, to add
Sections 123831, 125176, and 125276 to the Health and Safety Code,
and to add Sections 4357.5, 4367.5, 4384, 4505.5, 5600.8, 5812,
and 5856.5 5856.5, and 14007.65 to the
Welfare and Institutions Code, relating to noncitizens.
LEGISLATIVE COUNSEL'S DIGEST
AB 52, as amended, Cedillo. Noncitizens.
Existing law provides for the California Children's Services
Program and the Genetically Handicapped Person's Program, both of
which provide services to disabled children, and both of which are
administered by the State Department of Health Services.
Existing law establishes a grant program, administered by the
State Department of Health Services, for Alzheimer's disease
diagnostic and treatment centers.
Existing law provides for various mental health programs,
administered by the State Department of Mental Health and the
counties.
Existing law provides for services to be provided to persons with
developmental disabilities through the State Department of
Developmental Services and regional centers with whom the department
contracts to provide, or arrange for the provision of, services.
Under existing law, federal funding is received to assist in the
provision of special education services and other services for
children with disabilities.
Existing federal law precludes the provision of federally funded
benefits, with specified exceptions, to certain aliens. Federal law
also precludes, with specified exceptions, these aliens from being
provided with benefits funded exclusively from state or local funds
unless pursuant to legislation enacted after August 22, 1996.
This bill would provide that any person who would have been
eligible for services under various mental health and
developmental services programs, as well as for special education and
other services for children with disabilities any of
the above-described programs , as of July 16, 1996, shall
continue to be eligible for these services regardless of immigration
status, as long as the person meets all other applicable
requirements.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Services, under which qualified
low-income persons are provided with health care services.
Under existing state law, certain aliens ineligible for the full
scope of Medi-Cal benefits are eligible to receive long-term care
benefits.
This bill would provide that any alien who is otherwise eligible
for Medi-Cal services, but who does not meet the requirements to
receive the full scope of Medi-Cal benefits due to his or her alien
status, shall be eligible for long-term care services.
Since the bill would affect the eligibility of persons for
programs administered by local agencies and school districts, it
would constitute 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7560.5 is added to the Government Code, to
read:
7560.5. (a) Any person who would have been eligible for benefits
under the provisions of this chapter in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 2. Section 123831 is added to the Health and Safety
Code, to read:
123831. (a) Any person who would have been eligible for benefits
under this article in effect on July 16, 1996, shall continue to be
eligible regardless of immigration status, as long as he or she meets
all other applicable requirements.
(b) Subdivision (a) is declaratory of, and confirms, existing law.
SEC. 3. Section 125176 is added to the Health and Safety Code, to
read:
125176. (a) Any person who would have been eligible for benefits
under this article in effect on July 16, 1996, shall continue to be
eligible regardless of immigration status, as long as he or she meets
all other applicable requirements.
(b) Subdivision (a) is declaratory of, and confirms, existing law.
SEC. 4. Section 125276 is added to the Health and Safety Code, to
read:
125276. (a) Any person who would have been eligible for benefits
under this article in effect on July 16, 1996, shall continue to be
eligible regardless of immigration status, as long as he or she meets
all other applicable requirements.
(b) Subdivision (a) is declaratory of, and confirms, existing law.
SEC. 5. Section 4357.5 is added to the Welfare and
Institutions Code, to read:
4357.5. (a) Any person who would have been eligible for benefits
under the provisions of this chapter in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 3.
SEC. 6. Section 4367.5 is added to the Welfare and
Institutions Code, to read:
4367.5. (a) Any person who would have been eligible for benefits
under the provisions of this chapter in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 4.
SEC. 7. Section 4384 is added to the Welfare and
Institutions Code, to read:
4384. (a) Any person who would have been eligible for benefits
under the provisions of this part in effect on July 16, 1996, shall
continue to be eligible regardless of immigration status, as long as
he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 5.
SEC. 8. Section 4505.5 is added to the Welfare and
Institutions Code, to read:
4505.5. (a) Any person who would have been eligible for benefits
under the provisions of this division in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 6.
SEC. 9. Section 5600.8 is added to the Welfare and
Institutions Code, to read:
5600.8. (a) Any person who would have been eligible for benefits
under the provisions of this division in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 7.
SEC. 10. Section 5812 is added to the Welfare and
Institutions Code, to read:
5812. (a) Any person who would have been eligible for benefits
under the provisions of this part in effect on July 16, 1996, shall
continue to be eligible regardless of immigration status, as long as
he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 8.
SEC. 11. Section 5856.5 is added to the Welfare and
Institutions Code, to read:
5856.5. (a) Any person who would have been eligible for benefits
under the provisions of this part in effect on July 16, 1996, shall
continue to be eligible regardless of immigration status, as long as
he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 9. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 12. Section 14007.65 is added to the Welfare and Institutions
Code, to read:
14007.65. (a) Any alien who is otherwise eligible for Medi-Cal
services, but who does not meet the requirements under subdivision
(b) or (c) of Section 14007.5, shall be eligible for long-term care
services.
(b) Subdivision (a) is intended to reconfirm, and be declaratory
of, existing law.
SEC. 13. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.