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

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Date Published: 04/08/2019 02:00 PM
SB289:v97#DOCUMENT

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

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, 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.
The bill would authorize an individual applying for a Medi-Cal HCBS waiver program who is a dependent child or spouse of an active duty military service member residing in another state to 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, 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) If a dependent child or spouse of an active duty military service member is eligible for, or enrolled in, any Medi-Cal 1915(c) waiver program, pursuant to state law and Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)), including, but not limited to, Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) or Home- and Community-Based Alternatives (HCBA), or is placed on a waiting list for a Medi-Cal 1915(c) waiver program, 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 that 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 a Medi-Cal 1915(c) waiver program 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.