Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-2718 Medi-Cal: CalWORKs: eligibility.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/24/2018 04:00 AM
AB2718:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2718


Introduced by Assembly Member Friedman
(Coauthors: Assembly Members Arambula, Wood, and Chiu)

February 15, 2018


An act to amend Section 127000 of the Health and Safety Code, relating to public health. 14005.8 of the Welfare and Institutions Code, relating to Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


AB 2718, as amended, Friedman. Office of Statewide Health Planning and Development. Medi-Cal: CalWORKs: eligibility.
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. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.
Existing law, to the extent required by specified federal provisions, requires that a family who was receiving aid under the CalWORKs program in at least 3 of the 6 months immediately preceding the month in which that family became ineligible for that assistance due to income from employment, or other specified reasons, to remain eligible for health care services under the Medi-Cal program during the immediately succeeding 6-month period. Existing law, in conformance with federal law, requires the department to offer those beneficiaries the option of remaining eligible for health care services under the Medi-Cal program for an additional period of 6 months. Existing federal law authorizes a state to elect to treat any reference to the initial 6-month extension period as a reference to a 12-month period, in which case the federal provisions relating to the additional 6-month extension do not apply.
This bill would require the department, commencing January 1, 2019, to implement the option available under the above-described federal law to replace the initial 6-month extension period with a 12-month initial eligibility period, making the federal and state provisions relating to the additional 6-month extension inapplicable. The bill would also make conforming changes to related provisions. Because counties are responsible for making eligibility determinations under the Medi-Cal program, by revising eligibility requirements, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the Office of Statewide Health Planning and Development in the California Health and Human Services Agency. The office is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Department of Public Health relating to health planning and research development.

This bill would make a technical, nonsubstantive change to one of those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 14005.8 of the Welfare and Institutions Code is amended to read:

14005.8.
 (a) (1) To the extent required by Consistent with Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code and regulations adopted pursuant thereto, a family who was receiving aid pursuant to a state plan approved under Part A of Subchapter IV (commencing with Section 601) of Title 42 of the United States Code in at least three of the six months immediately preceding the month in which that family became ineligible for that assistance due to increased hours of employment, income from employment, or the loss of earned income disregards, shall remain eligible for health care services as provided in this chapter during the immediately succeeding six-month period. 12-month period pursuant to subdivision (h).
(2) The department shall terminate extensions of health care services authorized by paragraph (1) as required under federal law.
(b) The department shall notify persons eligible under subdivision (a) of their right to continued health care services for each six-month the 12-month period and a description of their reporting requirement, and the circumstances under which the extension may be terminated. The notice shall also include a Medi-Cal card or other evidence of entitlement to those services.
(c) Notwithstanding any other provision of this section, the The department, in conformance with federal law, shall offer beneficiaries covered under subdivision (a) the option of remaining eligible for health care services provided in this chapter for an additional extension period of six months. Health services shall be continued in as automatic a manner as permitted by federal law, and without any unnecessary paperwork.
(d) During the initial extension period and any additional six-month extension 12-month period, the department, consistent with federal law, may, whenever the department determines it to be cost-effective, elect to pay a family’s expenses for premiums, deductibles, coinsurance, or similar costs for health insurance or other health coverage offered by an employer of the caretaker relative or by an employer of the absent parent of the dependent child. If, during the additional six-month extension period, the department elects to pay health premiums and this coverage exists, the beneficiary may be given the opportunity to express his or her preference between continuing the Medi-Cal coverage or obtaining health insurance.
(e) During the additional six-month extension period, the department may impose a premium for the health insurance or other health coverage consistent with Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) if the department determines that the imposition of a premium is cost-effective.
(f) The department shall adopt emergency regulations in order to comply with mandatory provisions of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) for extension of medical assistance. These regulations shall become effective immediately upon filing with the Secretary of State.
(g) This section shall become operative April 1, 1990.
(h) Commencing January 1, 2019, the department shall implement the option available under Section 1396r-6(a)(5) of Title 42 of the United States Code, replacing the initial six-month extension period with a 12-month initial eligibility period, and whereby subdivisions (c) and (e) of this section and the additional six-month extension under Section 1396r-6(b) of Title 42 of the United States Code shall no longer apply.

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.
SECTION 1.Section 127000 of the Health and Safety Code is amended to read:
127000.

There is in the state government, in the California Health and Human Services Agency, the Office of Statewide Health Planning and Development.