BILL NUMBER: SB 1147 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2008
PASSED THE ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY AUGUST 8, 2008
AMENDED IN ASSEMBLY JUNE 19, 2008
AMENDED IN SENATE APRIL 9, 2008
INTRODUCED BY Senators Calderon and Yee
FEBRUARY 4, 2008
An act to amend Section 14029.5 of, and to add Section 14011.10
to, the Welfare and Institutions Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1147, Calderon. Medi-Cal: eligibility: juvenile offenders.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is governed, in part, by federal
Medicaid provisions.
This bill would, commencing the later of January 1, 2010, or the
date that all necessary federal approvals are obtained, require, to
the extent permitted under federal law, Medi-Cal benefits provided to
an individual under 21 years of age who is an inmate of a public
institution to be suspended, rather than terminated. This bill would
require county welfare departments to notify the department within 10
days of receiving information that an individual under 21 years of
age on Medi-Cal in the county is or will be an inmate of a public
institution. This bill would also require, by a specified time
period, the department, in consultation with the Chief Probation
Officers of California and the County Welfare Directors Association,
to establish the protocols and procedures necessary to implement
these provisions.
By expanding the duties of county welfare departments, this bill
would impose a state-mandated local program.
Existing law requires a county juvenile detention facility to
provide specified information relating to a ward of the county who is
scheduled to be released to the appropriate county welfare
department, and requires the county to initiate an application and
determine the individual's eligibility for the Medi-Cal program.
Existing law also requires a county juvenile detention facility,
prior to providing the information to the county welfare department,
to notify the parent or guardian of a ward who is a minor of its
intention to submit the information. Existing law requires the parent
or guardian be given a reasonable time to opt out of the Medi-Cal
determination.
This bill would provide that if the cooperation of the minor's
parent or guardian is necessary to complete the application, but the
parent or guardian fails to cooperate in completing the application,
the county shall deny the application in accordance with due process
requirements.
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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14011.10 is added to the Welfare and
Institutions Code, to read:
14011.10. (a) Benefits provided under this chapter to an
individual under 21 years of age who is an inmate of a public
institution shall be suspended in accordance with Section 1396d(a)
(28)(A) of Title 42 of the United States Code as provided in
subdivision (c).
(b) County welfare departments shall be required to notify the
department within 10 days of receiving information that an individual
under 21 years of age on Medi-Cal in the county is or will be an
inmate of a public institution.
(c) If an individual under 21 years of age is a Medi-Cal
beneficiary on the date he or she becomes an inmate of a public
institution, his or her benefits under this chapter and under Chapter
8 (commencing with Section 14200) shall be suspended effective the
date he or she becomes an inmate of a public institution. The
suspension will end on the date he or she is no longer an inmate of a
public institution or one year from the date he or she becomes an
inmate of a public institution, whichever is sooner.
(d) Nothing in this section shall create a state-funded benefit or
program. Health care services under this chapter and Chapter 8
(commencing with Section 14200) shall not be available to inmates of
public institutions whose Medi-Cal benefits have been suspended under
this section.
(e) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to the
extent that any necessary federal approval of state plan amendments
or other federal approvals are obtained.
(f) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be inoperable.
(g) This section shall be implemented on January 1, 2010, or the
date when all necessary federal approvals are obtained, whichever is
later.
(h) By January 1, 2010, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and the
County Welfare Directors Association, shall establish the protocols
and procedures necessary to implement this section, including any
needed changes to the protocols and procedures previously established
to implement Section 14029.5.
(i) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
Thereafter, the department shall adopt regulations in accordance with
the requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2. Section 14029.5 of the Welfare and Institutions Code is
amended to read:
14029.5. (a) (1) Commencing January 1, 2008, immediately
following the issuance of an order of the juvenile court, pertaining
to the disposition of a ward of the county, committing that ward to a
juvenile hall, camp, or ranch for 30 days or longer, the county
juvenile detention facility shall provide the appropriate county
welfare department with the ward's name, his or her scheduled or
actual release date, any known information regarding the ward's
Medi-Cal status prior to disposition, and sufficient information,
when available, for the county welfare department to begin the
process of determining the ward's eligibility for benefits under this
chapter, including, if the ward is a minor, contact information for
the ward's parent or guardian, if available.
(2) If the ward is a minor, prior to providing information to the
county welfare department pursuant to paragraph (1), the county
juvenile detention facility shall notify the parent or guardian, in
writing, of its intention to submit the information required by that
paragraph to the county welfare department. The parent or guardian
shall be given a reasonable time to opt out of the Medi-Cal
eligibility determination provided for under this section, in which
case the county juvenile detention facility shall not comply with
paragraph (1).
(3) For purposes of this section, "ward" means a person in the
custody of a county juvenile detention facility.
(b) (1) Upon receipt of the information described in paragraph (1)
of subdivision (a), and pursuant to the protocols and procedures
developed pursuant to subdivision (c), the county welfare department
shall initiate an application for any ward not already enrolled in
the Medi-Cal program, and determine the individual's eligibility for
benefits under the Medi-Cal program. If the ward is a minor, the
county welfare department shall promptly contact the parent or
guardian to arrange for completion of the application. If the
cooperation of the minor's parent or guardian is necessary to
complete the application, but the parent or guardian fails to
cooperate in completing the application, the county welfare
department shall deny the application in accordance with due process
requirements. The county shall expedite the application of a ward
who, according to the information provided pursuant to paragraph (1)
of subdivision (a), is scheduled to be released in fewer than 45
days.
(2) If the county welfare department determines that the ward does
not meet the eligibility requirements for the Medi-Cal program, the
county welfare department, with the consent of the ward's parent or
guardian, if the ward is a minor, shall forward the ward's
information to the appropriate entity to determine eligibility for
the Healthy Families Program, or other appropriate health coverage
program, as determined by the department.
(3) If the county welfare department determines that a ward meets
eligibility requirements for the Medi-Cal program, the county shall
provide sufficient documentation to enable the ward to obtain
necessary medical care upon his or her release from custody.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of all-county
letters or similar instructions, without taking any further
regulatory action. Thereafter, the department shall adopt
regulations, as necessary, to implement this section in accordance
with the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(d) The department shall seek any federal waivers necessary for
the implementation of this section.
SEC. 3. 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.