Today's Law As Amended

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SB-974 Medi-Cal: immigration status: adults.(2017-2018)



SECTION 1.

 Section 14007.8 of the Welfare and Institutions Code is amended to read:

14007.8.
 (a) (1) After the director determines, and communicates that determination in writing to the Department of Finance, that systems have been programmed for implementation of this section, but no sooner than May 1, 2016, an  An  individual who is under 19 years of age, or 65 years of  age and older, and  who does not have satisfactory immigration status or is unable to establish satisfactory immigration status status,  as required by Section 14011.2 14011.2,  shall be eligible for the full scope of Medi-Cal benefits, if they are  he or she is  otherwise eligible for benefits under this chapter.
(2) (A) An individual under 19 years of age  enrolled in Medi-Cal pursuant to subdivision (d) of Section 14007.5 at the time the director makes the determination described in paragraph (1)  shall be enrolled in the full scope of Medi-Cal benefits, if otherwise eligible,  eligible under this section and is otherwise eligible for Medi-Cal  pursuant to an eligibility and enrollment plan. This plan shall include outreach strategies developed by the department in consultation with interested stakeholders, including, but not limited to, counties, health care service plans, consumer advocates, and the Legislature. An individual  Individuals  subject to this subparagraph shall not be required to file a new application for Medi-Cal.
(B) The effective date of enrollment into Medi-Cal for an individual described in subparagraph (A) shall be on the same day on which the systems are operational to begin processing new applications pursuant to the director’s determination described in paragraph (1).
(C) (B)  Beginning January 31, 2016, and until the director makes the determination described in paragraph (1), the  The  department shall provide monthly updates to the appropriate policy and fiscal committees of the Legislature on the status of the implementation of this section.
(b) After the director determines, and communicates that determination in writing to the Department of Finance, that systems have been programmed for implementation of this subdivision, but no sooner than July 1, 2019, an individual who is 19 to 25 years of age, inclusive, and who does not have satisfactory immigration status or is unable to establish satisfactory immigration status as required by Section 14011.2 shall be eligible for the full scope of Medi-Cal benefits, if they are otherwise eligible for benefits under this chapter.
(c) (b)  To the extent permitted by state and federal law, an individual eligible under this section shall be required to enroll in a Medi-Cal managed care health plan. Enrollment in a Medi-Cal managed care health plan shall not preclude a beneficiary from being enrolled in any other children’s Medi-Cal specialty program that they  he or she  would otherwise be eligible for.
(d) (c)  (1)  The department shall maximize federal  seek any necessary federal approvals to obtain federal  financial participation in implementing this section to the extent allowable, and, for purposes of implementing this section, the department shall claim  section. Benefits for services under this section shall be provided with state-only funds only if  federal financial participation to the extent that the department determines it is available. is not available for those services. 
(2) (d)  To the extent that The department shall maximize  federal financial participation is not available, the department shall implement this section using state funds appropriated for this purpose. in implementing this section to the extent allowable. 
(e) This section shall be implemented only to the extent it is in compliance with Section 1621(d) of Title 8 of the United States Code.
(f) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted. 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.
(2) Commencing six months after the effective date of this section, and notwithstanding  Notwithstanding  Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
(g) In implementing this section, the department may contract, as necessary, on a bid or nonbid basis. This subdivision establishes an accelerated process for issuing contracts pursuant to this section. Those contracts, and any other contracts entered into pursuant to this subdivision, may be on a noncompetitive bid basis and shall be exempt from the following:
(1) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and any policies, procedures, or regulations authorized by that part.
(2) Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(3) Review or approval of contracts by the Department of General Services.
(h) The expansion of eligibility for the full-scope of Medi-Cal benefits to individuals of 65 years of age or older, if otherwise eligible for those benefits, but for their immigration status, shall be contingent upon appropriation in the annual Budget Act.
SEC. 2.
 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.