BILL ANALYSIS
SB 92
Page 1
Date of Hearing: July 13, 1999
ASSEMBLY COMMITTEE ON HEALTH
Martin Gallegos, Chair
SB 92 (Hayden) - As Amended: May 28, 1999
SENATE VOTE : 25-13
SUBJECT : Healthy Families Program.
SUMMARY : Ensures Healthy Families eligibility for otherwise
qualified children who legally immigrate to the United States
(U.S.) after August 22, 1996, and expands the program's
definition of resident to include children whose parents moved
to the state for a job commitment or to seek employment.
Specifically, this bill :
1)Revises the definition of resident to include an applicant who
is physically present and living in California and entered the
state with a job commitment or to seek employment, whether or
not he or she is currently employed. (Existing law defines an
applicant as a specified person applying on behalf of a child
or a person over 18 who is applying on his or her own behalf.)
2)Prevents a child from being denied eligibility based on his or
her date of entry into the U.S.
3)Makes the above provisions contingent upon funding in the
Budget Act.
EXISTING LAW :
1)Establishes the Healthy Families Program, administered by the
Managed Risk Medical Insurance Board (MRMIB), to provide
comprehensive subsidized health, vision, and dental insurance
to qualified children in low-income families.
2)Restricts, pursuant to federal law, certain federal
means-tested public benefits for certain qualified aliens who
enter the U.S. after August 22, 1996, for their first five
years.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, the General Fund cost to include new immigrant
children would be $4.9 million in fiscal year 1999-2000 and $15
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million in 2000-01, and the cost associated with revising the
residency definition is unknown. Federal funding for recent
immigrants is not now permitted although President Clinton's
budget proposes to allow it.
COMMENTS :
1)PURPOSE OF THIS BILL . The author believes it is unfair to
deny health care to a child who would otherwise qualify for
Healthy Families, based on an arbitrary date of entry into the
U.S. The author states that providing access to children of
recent immigrants to preventive and primary care is sound
health policy and is far more cost-efficient than treating
children in emergency rooms. The program also protects the
health of all Californians by screening for communicable
diseases, and it helps children remain healthy in their
crucial years of development. The author points out that
California has already recognized the wisdom of such a policy
by allowing new immigrant children to receive Medi-Cal
coverage if they meet certain income and age requirements.
Excluding kids from Healthy Families based on when they
entered the country has the perverse effect of leaving many
families with one child covered and another left out.
Additionally, the author describes the current residency
definition as "antiquated" and believes that it fails to
address the unique circumstances of children of migrant
workers. The author cites a federal study indicating that
migrant farmworkers and their families are among the most
medically underserved groups in the U.S. The author maintains
that California should not deny farmworkers the opportunity to
purchase Healthy Families coverage for their children when
they are in the state. The proposed change would align the
residency definition in Healthy Families with that of Medi-Cal
and ensure that migrant workers can apply on behalf of their
children.
2)SUPPORT . This bill is supported by many health care provider
organizations and consumer and immigrant health advocates.
The California Nurses Association believes that it is in the
best interest of public health that all efforts to advertise
and enroll all children be made and that there should be no
restrictions on children who reside in our state to
participate in the program. The Coalition for Humane
Immigrant Rights of Los Angeles believes this bill would
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ensure and promote basic health care for the most vulnerable
population, children. The National Health Law Program, Inc.,
indicates this bill contains very important improvements to
extend access to thousands of currently uninsured children.
3)BACKGROUND . The Healthy Families Program is a low-cost
subsidized health insurance program for uninsured children who
do not meet the eligibility requirements for free health care
through the Medi-Cal program. Monthly premium payments range
from $4 to $27. Dental and vision services are also included.
A 1998 report issued jointly by UC Berkeley and UCLA
indicates that by 2001, California will have 40,000 uninsured
legal immigrant children who came to the U.S. after the
welfare reform cut-off date (August 22, 1996).
4)BUDGET ACTION . The 1999-2000 proposed budget provides state
funding for one year to cover the full expense of including
legal immigrant children arriving after August 22, 1996.
After a child's 12-month eligibility period expires,
eligibility will be contingent upon receipt of federal
matching funds for this purpose. In addition, the health
budget trailer bill contains a revision of the residency
definition similar to the relevant provision in this bill.
5)SUGGESTED AMENDMENT . The author may wish to amend this bill
to conform it to the health budget trailer bill to avoid
chaptering out problems.
6)PRIOR LEGISLATION . SB 1398 (Hayden) contained provisions
similar to this bill and was held last year in the Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
100% Campaign
American Federation of State, County and Municipal Employees
Asian and Pacific Islander American Health Forum
Children's Advocacy Institute
Children's Network Council of Solano County
California Association of Catholic Hospitals
California Immigrant Welfare Collaborative
Asian Pacific American Legal Center of Southern California
Coalition for Humane Immigrant Rights of Los Angeles
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National Immigration Law Center
Northern California Coalition for Immigrant Rights
California Nurses Association
Center for Public Interest Law
Coalition for Humane Immigrant Rights of Los Angeles
County of Santa Barbara KIDS Network
Friends Committee on Legislation of California
Health Access California
Interfaith Coalition for Immigrant Rights
Jericho: A Voice for Justice
Mexican American Legal Defense and Education Fund
National Health Law Program, Inc.
Private Essential Access Community Hospitals, Inc.
Solano County Board of Supervisors
Western Center on Law and Poverty
Opposition
None on file
Analysis Prepared by : Teri Boughton / HEALTH / (916) 319-2097