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SB-301 Medi-Cal: family planning services.(2019-2020)

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Date Published: 03/21/2019 09:00 PM
SB301:v98#DOCUMENT

Amended  IN  Senate  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 301


Introduced by Senator Leyva

February 14, 2019


An act to amend Section 24001 of add Section 14132.04 to the Welfare and Institutions Code, relating to family planning. Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


SB 301, as amended, Leyva. Family Medi-Cal: family planning services.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, the Medi-Cal program, pursuant to a federal waiver, administers the Family Planning, Access, Care, and Treatment (Family PACT) Program, to provide comprehensive clinical family planning services to any person who has a family income at or below 200% of the federal poverty level and who is eligible to receive those services.

Existing law establishes in the department the State-Only Family Planning Program to provide comprehensive clinical family planning services to low-income individuals. The program provides those services to persons who are not eligible to receive those services under the Family PACT Program.

Existing law, under the State-Only Family Planning Program, requires family planning services for males to be expanded to include laboratory tests for sexually transmitted infections and comprehensive examinations. Existing law required the department to seek to amend the waiver for the Family PACT Program to add those expanded services. Existing law conditions the implementation of the expanded services on federal approval and receipt of federal financial participation.

This bill would no longer condition the above-described expanded services on federal approval. If there are any reductions in federal financial participation for those expanded services, the bill would require the department to submit to the Legislature a plan to ensure the sustainability of the expanded services.

Existing law makes the Family PACT Program inoperative if the Department of Finance determines that the program is no longer cost effective, as specified. If the program becomes inoperative, existing law requires all persons who have received, or are eligible to receive, comprehensive clinical family planning services pursuant to the federal waiver to receive family planning services under the Medi-Cal program or the State-Only Family Planning Program, which is also established within the department.
This bill would require the department, if there are any reductions in federal financial participation to the Family PACT Program, to submit to the Legislature a plan, within 60 days of the reduction, to ensure the sustainability of the program and other specified family planning services. The bill would require that the plan include an estimate of funding required to sustain the program and identification of nonstate or special funds that could be used to sustain program services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 14132.04 is added to the Welfare and Institutions Code, to read:

14132.04.
 (a) If there are any reductions in federal financial participation to the Family Planning, Access, Care, and Treatment (Family PACT) Program as established pursuant to subdivision (aa) of Section 14132, the department shall, within 60 days of the reduction in that federal funding, submit to the Legislature, in compliance with Section 9795 of the Government Code, a plan to ensure the sustainability of the Family PACT Program, and the expanded services described in paragraph (2) of subdivision (a) of Section 24001.
(b) The plan shall include, but not be limited to, both of the following:
(1) An estimate of the amount of funding that would be required to sustain the level and scope of services provided under the Family PACT Program as those services existed on January 1, 2019.
(2) Identification of nonstate or special funds that could be used to sustain program services.

SECTION 1.Section 24001 of the Welfare and Institutions Code is amended to read:
24001.

(a)(1)For purposes of this division, “family planning” means the process of establishing objectives for the number and spacing of children, and selecting the means by which those objectives may be achieved. These means include a broad range of acceptable and effective methods and services to limit or enhance fertility, including contraceptive methods, natural family planning, abstinence methods and basic, limited fertility management. Family planning services include, but are not limited to, preconception counseling, maternal and fetal health counseling, general reproductive health care, including diagnosis and treatment of infections and conditions, including cancer, that threaten reproductive capability, medical family planning treatment and procedures, including supplies and followup, and informational, counseling, and educational services. Family planning shall not include abortion, pregnancy testing solely for the purposes of referral for abortion or services ancillary to abortions, not including contraceptives, or pregnancy care that is not incident to the diagnosis of pregnancy.

(2)Family planning services for males shall be expanded to include laboratory tests for sexually transmitted infections and comprehensive physical examinations. The implementation of this paragraph shall be dependent upon receipt of federal financial participation. If there are any reductions in federal financial participation, the department shall submit to the Legislature, in compliance with Section 9795 of the Government Code, a plan to ensure the sustainability of the expansion of services described in this paragraph.

(b)For purposes of this division, “department” means the State Department of Health Care Services.