Today's Law As Amended


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AB-2299 Developmental services: health insurance copayments, coinsurance, and deductibles.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 4519.6 of the Welfare and Institutions Code is amended to read:

4519.6.
 (a) It is the intent of the Legislature to maintain full access to services provided through an individual program plan pursuant to this division or through an individualized family service plan pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and to not limit the access of children and adults to services determined to be a part of an individual program plan or individualized family service plan based on the payment of copayments, coinsurance, or deductibles.
(b)  The department and the regional centers shall annually collaborate to determine the most appropriate methods to collect and compile meaningful data in a uniform manner, as specified in Section 4519.5, related to the payment of copayments, coinsurance, and deductibles by each regional center. The department shall annually report data collected pursuant to this subdivision to the Legislature for purposes of examining the feasibility and costs associated with removing the income requirements established in Section 4659.1 during the 2015–16 fiscal year and thereafter. 
(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2019, pursuant to Section 10231.5 of the Government Code.
(2) A report submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 Section 4659.1 of the Welfare and Institutions Code is amended to read:

4659.1.
 (a) If a service or support provided pursuant to a consumer’s individual program plan under this division or individualized family service plan pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code)  is paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer’s parent, guardian, or caregiver, the regional center may, when necessary to ensure that the consumer receives the service or support, pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the parent, guardian, or caregiver is responsible if all of the following conditions are met:
(1) The consumer is covered by their  his or her  parent’s, guardian’s, or caregiver’s health care service plan or health insurance policy.
(2) The family has an annual adjusted  gross income that does not exceed 400 percent of the federal poverty level.
(3) There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10).
(b) If a service or support provided to a consumer 18 years of age or older, pursuant to the consumer’s  his or her  individual program plan, is paid for in whole or in part by the consumer’s or guardian’s  health care service plan or health insurance policy, the regional center may, when necessary to ensure that the consumer receives the service or support, pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the consumer  person with a health care service plan or health insurance policy  is responsible if both of the following conditions are met:
(1) The consumer  person with a health care service plan or health insurance policy  has an annual adjusted  gross income that does not exceed 400 percent of the federal poverty level.
(2) There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10).
(c) If a service or support provided pursuant to a consumer’s individualized family service plan pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) is paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer’s parent, guardian, or caregiver, the regional center shall pay any applicable copayment, coinsurance, or deductible associated with the service or support for which the parent, guardian, or caregiver is responsible if both of the following conditions are met:
(1) The consumer is covered by their parent’s, guardian’s, or caregiver’s health care service plan or health insurance policy.
(2) There is no other third party having liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10).
(d) (c)  Notwithstanding paragraph (2) of subdivision (a) or paragraph (1) of subdivision (b), a regional center may pay a copayment, coinsurance, or deductible associated with the health care service plan or health insurance policy for a service or support provided pursuant to a consumer’s individual program plan or individualized family service plan  if the family’s or consumer’s income exceeds 400 percent of the federal poverty level, the service or support is necessary to successfully maintain the child at home or the adult consumer in the least-restrictive setting, family or person with a health care service plan or health insurance policy has an annual adjusted gross income that exceeds 400 percent of the federal poverty level  and the parents or consumer person  demonstrate one or more of the following:
(1) The service or support is necessary to maintain the child at home or the adult consumer in the least restrictive setting.
(2) The payment will maintain third-party liability for the cost of the service or support, as provided in subdivision (a) of Section 4659 and Article 2.6 (commencing with Section 4659.10), or will otherwise limit financial liability to the state.
(1) (3)  The existence of a financial hardship or  an extraordinary event that impacts the ability of the parent, guardian, or caregiver to meet the care and supervision needs of the child or impacts the ability of the parent, guardian, or caregiver, or adult consumer with a health care service plan or health insurance policy, to pay the copayment, coinsurance, or deductible.
(2) (4)  The existence of catastrophic loss that temporarily limits the ability to pay of the parent, guardian, or caregiver, or adult consumer with a health care service plan or health insurance policy and creates a direct economic impact on the family or adult consumer. For purposes of this paragraph, catastrophic loss may include, but is not limited to, natural disasters and accidents involving major injuries to an immediate family member.
(3) (5)  Significant unreimbursed medical costs associated with the care of the consumer or another child who is also a regional center consumer.
(e) (d)  The parent, guardian, or caregiver of a consumer or an adult consumer with a health care service plan or health insurance policy shall self-certify the family’s  his or her adjusted  gross annual income for purposes of this section  to the regional center by providing copies of W-2 Wage Earners Statements, payroll stubs, a copy of the prior year’s state income tax return, or other documents and proof of other income. Additional financial documentation shall not be required unless an exemption is requested pursuant to subdivision (c). If an exemption is requested, only documentation necessary to support that request shall be required to be provided. 
(f) (e)  The parent, guardian, or caregiver of a consumer or an adult consumer with a health care service plan or health insurance policy is responsible for notifying the regional center when a change in income occurs that would result in a change in eligibility for coverage of the health care service plan or health insurance policy copayments, coinsurance, or deductibles.
(g) (f)  Documentation submitted pursuant to this section shall be considered records obtained in the course of providing intake, assessment, and services and shall be confidential pursuant to Section 4514.
(h) (g)  This section shall not be implemented in a manner that is inconsistent with the requirements of Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.).