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SB-289 Medi-Cal: home- and community-based services: military.(2019-2020)

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Date Published: 07/01/2019 09:00 PM
SB289:v96#DOCUMENT

Revised  July 10, 2019
Amended  IN  Assembly  July 01, 2019
Amended  IN  Senate  April 08, 2019
Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 289


Introduced by Senator Archuleta
(Coauthor: Senator Nielsen)
(Coauthors: Assembly Members Lackey and Mathis)

February 14, 2019


An act to add Section 14132.993 to the Welfare and Institutions Code, relating to Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


SB 289, as amended, Archuleta. Medi-Cal: home- and community-based services: military.
Existing law establishes 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 services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal law provides for various home- and community-based services (HCBS), as part of a waiver or a state plan amendment under the Medicaid program, to promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community.
This bill would require the continued eligibility for a Medi-Cal HCBS waiver program or the continued waiting list status for that program, retention of eligibility for, reenrollment in, or restoration of existing status on the waiting list of, specified HCBS waiver programs for an individual who is a dependent child or spouse of an active duty military service member, if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the dependent child or spouse retains eligibility for those services. member and who transfers to another state with the military service member on official military orders, if the individual subsequently returns to and establishes residence in this state, continues to be otherwise eligible for the waiver program, and submits a certain request, as applicable.
The bill would authorize an individual applying for a Medi-Cal HCBS waiver program one of those specified waiver programs who is a dependent child or spouse of an active duty military service member and is residing in another state to submit the individual’s application as soon as the military service member receives a military order official military orders to transfer to this state and before moving to this state, as specified.
The bill would condition the implementation of these provisions on receipt of any necessary federal approvals and the availability of federal financial participation, and would require the department to seek federal waivers, or to submit an amendment of the state plan, as necessary to implement these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 14132.993 is added to the Welfare and Institutions Code, to read:

14132.993.
 (a) This section applies to the Home- and Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), and, to the extent that the dependent child or spouse of an active duty military service member is deemed eligible for the Medi-Cal program, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs, pursuant to state law and Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)).
(b) (1) If a dependent child or spouse of an active duty military service member has established eligibility for a waiver program specified in subdivision (a) and transfers to another state with the military service member on official military orders, the dependent child or spouse shall retain eligibility for the applicable waiver program if the child or spouse meets both of the following conditions:
(A) Subsequently returns to this state and establishes residence in this state.
(B) Continues to be otherwise eligible for the applicable waiver program but for the previous transfer to another state.
(2) If a dependent child or spouse of an active duty military service member is enrolled in a waiver program specified in subdivision (a) and transfers to another state with the military service member on official military orders, the dependent child or spouse shall be reenrolled in the applicable waiver program if the child or spouse meets all of the following conditions:
(A) Subsequently returns to this state and establishes residence in this state.
(B) Continues to be otherwise eligible for the applicable waiver program but for the previous transfer to another state.
(C) Submits a request for reenrollment in the waiver program, using a form developed by the department, without the need to submit a new application for the waiver program.
(3) If a dependent child or spouse of an active duty military service member is placed on the waiting list of a waiver program specified in subdivision (a) and transfers to another state with the military service member on official military orders, the dependent child or spouse shall restore their existing status on the waiting list of the applicable waiver program if the child or spouse meets all of the following conditions:
(A) Subsequently returns to this state and establishes residence in this state.
(B) Continues to be otherwise eligible for the applicable waiver program but for the previous transfer to another state.
(C) Submits a request for restoration of the existing status on the waiting list of the waiver program, using a form developed by the department, without the need to submit a new application for the waiver program.
(c) (1) An individual applying for a waiver program specified in subdivision (a) who is a dependent child or spouse of an active duty military service member and is residing in another state with that military service member may submit the individual’s application as soon as the military service member receives official military orders to transfer to this state and before moving to this state. A copy of the order shall be submitted with the application for the Medi-Cal program and the applicable waiver program.
(2) If the enrollment process is made available prior to the individual’s arrival to this state, enrollment processing shall commence immediately upon notification that the individual is physically present in this state and able to participate in the waiver program.
(d) (1) This section is not intended to authorize the provision of services to a dependent child or spouse of an active duty military service member through a waiver program specified in subdivision (a) while the dependent child or spouse is transferred to, and living in, another state with the military service member, or has not yet transferred to this state. Services provided to a dependent child or spouse who obtains or retains eligibility, or who restores existing waiting list status, for that waiver program pursuant to this section shall be provided upon establishing residence in this state and enrolling in the waiver program.
(2) This section is not intended to prevent another individual from receiving services through a waiver program described in subdivision (a) due to lack of space in the applicable waiver program on the sole basis that a dependent child or spouse described in this section is placed on the waiting list for that waiver program while the dependent child or spouse is transferred to, and living in, another state with the military service member, or has not yet transferred to this state.
(e) For purposes of this section, “dependent child” means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.
(f) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.
(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.

SECTION 1.Section 14132.993 is added to the Welfare and Institutions Code, to read:
14132.993.

(a)If a dependent child or spouse of an active duty military service member is eligible for, enrolled in, or placed on the waiting list for, the Home- and Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), or, to the extent the dependent child or spouse is deemed eligible for Medi-Cal, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs, pursuant to state law and Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)), the dependent child or spouse shall retain eligibility or current waiting list status for the applicable waiver program if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the dependent child or spouse retains eligibility for those services.

(b)(1)An individual applying for the Home- and Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), or, to the extent the dependent child or spouse is deemed eligible for Medi-Cal, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs who is a dependent child or spouse of an active duty military service member residing in another state may submit the individual’s application as soon as the military service member receives a military order to transfer to this state and before moving to this state. A copy of the order shall be submitted with the application for the Medi-Cal program and a Medi-Cal 1915(c) waiver program.

(2)If the enrollment process is made available prior to the individual’s arrival to this state, enrollment processing shall commence immediately upon notification that the individual is physically present in this state and able to participate in the waiver program.

(c)(1)This section is not intended to authorize the provision of services to a dependent child or spouse of an active duty military service member through a Medi-Cal 1915(c) waiver program while the military service member is transferred to another state or has not yet transferred to this state. Services provided to a dependent child or spouse who obtains or retains eligibility, or who retains current waiting list status, for that waiver program pursuant to this section shall be provided after the transfer of the military service member to this state.

(2)This section is not intended to prevent another individual from receiving services through a Medi-Cal 1915(c) waiver program due to lack of space in that waiver program on the sole basis that a dependent child or spouse described in this section is placed on the waiting list for that waiver program while the active duty military service member is transferred to another state or has not yet transferred to this state.

(d)For purposes of this section, “dependent child” means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.

(e)(1)This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.

(2)The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.

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REVISIONS:
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