BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Martha M. Escutia, Chair
BILL NO: AB 52
A
AUTHOR: Cedillo
B
AMENDED: March 16, 1999
HEARING DATE: June 16, 1999
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FISCAL: Appropriations
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CONSULTANT:
Flores
SUBJECT
Eligibility for various health programs.
SUMMARY
Provides that any person, who would have been eligible for
various health programs on July 16, 1996, shall continue to
be eligible regardless of their immigration status.
ABSTRACT
Existing law:
1.Establishes various programs to administer health and
mental health services to children and adults in
California.
2.Provides for services to persons with developmental
disabilities through the Department of Developmental
Services and regional centers.
3. Provides Medi-Cal benefits to documented aliens and
state-only long-term care to undocumented aliens.
4.Federal law precludes the provision of federally funded
benefits, with specified exceptions, to certain aliens,
and precludes, with specified exceptions, these aliens
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from receiving benefits funded exclusively from state or
local funds without enactment of new state legislation
after August 22, 1996.
This bill:
1.Provides that any person who would have been eligible for
the following health programs on July 16, 1996, shall
continue to be eligible regardless of their immigration
status, as long as he or she meets all other applicable
requirements:
a) California Children's Services;
b) Genetically Handicapped Persons Program;
c) Alzheimer's Disease Program;
d) Traumatic Brain Injury Project;
e) Brain Damaged Adults Program;
f) Children's Mental Health Services;
g) Services for the Developmentally Disabled;
h) Adult and Older Mental Health System of Care;
i) Community Mental Health Services;
j) Early Mental Health Initiative; and
k) Medi-Cal long-term care.
2.Specifies that the provisions of this bill continuing the
above programs, except for Medi-Care long-term care, are
declarative and confirming of existing law. Provides
that the Medi-Cal long-term care service provisions be
intended to reconfirm and be declaratory of existing law.
FISCAL IMPACT
The bill would result in no new costs since these services
are already being provided to undocumented persons. The
bill would, however, prevent discontinuing these services.
The Governor has included funding for these services in his
proposed 1999-00 budget.
BACKGROUND AND DISCUSSION
The federal Personal Responsibility and Work Opportunity
and Reconciliation Act of 1996 prohibits, with certain
exceptions, the payment of state or local public benefits
to nonqualified aliens unless the state enacts a law which
affirmatively provides for such eligibility. In response
to this federal legislation, then-Governor Wilson issued an
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executive order instructing state agencies to implement
regulations terminating eligibility for nonqualified
aliens. More than 200 programs were identified but the
regulations were never implemented. This executive order
is still in effect.
This bill reintroduces AB 2031 (Cedillo) which was vetoed
by then-Governor Wilson last year. In his veto message the
Governor stated that the bill violated the intent of the
federal policy to discourage illegal immigration by
removing incentives and the specific programs did not fall
within those he excluded for "compassionate reasons".
According to the author and sponsor, the California
Immigrant Welfare Collaborative (CIWC), unless the
legislature enacts this bill, immigration screens will be
imposed in programs that are essential for the health of
our most vulnerable residents - seniors, persons with
disabilities, and children. CIWC states that denying these
services will force immigrants to survive without essential
treatment and thereby endanger all Californians, and will
create an administrative burden by requiring verification
requirements that will delay the delivery of critical
services for all consumers and increase the cost of
providing those service
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PRIOR ACTIONS
Assembly Floor: 45-30 Pass
Assembly Appropriations: 14-7 Do pass
Assembly Health: 9-3 Do pass
Assembly Human Services: 6-2 Do pass
POSITIONS
Support: California Immigrant Welfare Collaborative
(sponsor)
Alzeimer's Association
Asian Pacific Islander American Health Forum
American Nurses Association California
California Catholic Conference
California Coalition of United Cerebral
Palsy Associations
California Mental Health Directors
California Nurses Association
California Teachers Association
California Primary Care Association
City and County of San Francisco
County of Alameda
County Welfare Directors Association
Frank D. Lanterman Regional Center
Friends Committee on Legislation
Gray Panthers of Sacramento
Jericho
Mexican American Legal and Educational Fund
National Senior Citizens Law Center
Organization of Area Boards
Oppose: None received.
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