Today's Law As Amended


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SB-817 Medi-Cal: individuals in county juvenile detention facilities: Alameda County.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 14011.10 of the Welfare and Institutions Code is amended to read:

14011.10.
 (a) Except as provided in Sections 14053.7, 14053.8, and 14184.800,  Section 14011.11,  benefits provided under this chapter to an individual under 21 years of age  who is an inmate of a public institution shall be suspended in accordance with Section 1396d(a)(31)(A) 1396d(a)(28)(A)  of Title 42 of the United States Code as provided in subdivisions (c), (d), and (e). subdivision (c). 
(b) A county  County  welfare department shall  departments shall be required to  notify the department within 10 days of receiving information that an individual under 21 years of age  on Medi-Cal in the county is or will be an inmate of a public institution.
(c) Until October 1, 2020, if an individual is a Medi-Cal beneficiary on the date they become an inmate of a public institution, their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date they become an inmate of a public institution. The suspension shall end on the date they are no longer an inmate of a public institution or one year from the date they become an inmate of a public institution, whichever is sooner.
(d) Commencing October 1, 2020, and through December 31, 2022, inclusive, if an individual is a Medi-Cal beneficiary on the date they become an inmate of a public institution, their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date they become an inmate of a public institution. The suspension shall end according to the following:
(1) For an individual who is not defined as a juvenile under Section 1396a(nn)(1)(A) or 1396a(nn)(1)(B) of Title 42 of the United States Code, the suspension shall end on the date the individual is no longer an inmate of a public institution or one year from the date the individual becomes an inmate of a public institution, whichever is sooner.
(2) For an individual who is defined as a juvenile under Section 1396a(nn)(1)(A) or 1396a(nn)(1)(B) of Title 42 of the United States Code, the suspension shall end in accordance with Section 1396a(a)(84) of Title 42 of the United States Code, or one year from the date the individual becomes an inmate of a public institution, whichever is later.
(e) (c)  (1) If  Commencing January 1, 2023, if an individual   an individual under 21 years of age  is a Medi-Cal beneficiary on the date they become  he or she becomes  an inmate of a public institution, their  his or her  benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date they become  he or she becomes  an inmate of a public institution. The suspension will end on the date he or she is no longer an inmate of a public institution or one year from the date he or she becomes an inmate of a public institution, whichever is sooner. 
(2) For an individual who is defined as a juvenile under Section 1396a(nn)(1)(A) or 1396a(nn)(1)(B) of Title 42 of the United States Code, and for an individual who is not defined as a juvenile under these sections to the extent permissible under federal law, the suspension shall end on the date the individual is no longer an inmate of a public institution, if otherwise eligible.
(f) The department, in consultation with stakeholders, including the County Welfare Directors Association of California and advocates, shall develop and implement a redetermination of eligibility, to the extent required by federal law, pursuant to Section 14005.37, for individuals referenced in paragraph (2) of subdivision (d) and subdivision (e) whose eligibility is suspended pursuant to this section.
(g) (d)  This section does not  Nothing in this section shall  create a state-funded benefit or program. Health care services under this chapter and Chapter 8 (commencing with Section 14200) shall not be available to inmates of public institutions whose Medi-Cal benefits have been suspended under this section.
(h) (e)  This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only if and  to the extent that federal financial participation is available and  any necessary federal approval of state plan amendments or other federal approvals have been  are  obtained.
(f) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperable.
(i) (g)  This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.
(j) (h)  By January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later, the department, in consultation with the Chief Probation Officers of California and the County Welfare Directors Association of California,  Association,  shall establish the protocols and procedures necessary to implement this section, including any needed changes to the protocols and procedures previously established to implement Section 14029.5.
(k) The department shall determine whether federal financial participation will be jeopardized by implementing this section and shall implement this section only if and to the extent that federal financial participation is not jeopardized.
( (i) 
l
)  Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section by means of all-county letters or similar instructions without taking regulatory action. 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.
(m) Notwithstanding any other law, commencing no sooner than July 1, 2021, the department, in consultation with representatives of county welfare departments, the Statewide Automated Welfare System and other interested stakeholders, shall initiate the planning process to prioritize the automation of Medi-Cal suspensions for incarcerated individuals into the California Healthcare Eligibility, Enrollment, and Retention System, as set forth in this section. This change shall be reflected in both the California Healthcare Eligibility, Enrollment, and Retention System 24-Month Roadmap Initiatives and the County Eligibility Worker Dashboard.

SEC. 2.

 Section 14011.11 is added to the Welfare and Institutions Code, to read:

14011.11.
 (a) To the extent that federal financial participation is available, Medi-Cal benefits shall be provided to an individual awaiting adjudication in Alameda County Juvenile Hall if both of the following requirements are met:
(1) The individual is receiving Medi-Cal benefits at the time the individual is admitted to Alameda County Juvenile Hall or the individual is subsequently determined to be eligible for Medi-Cal benefits.
(2) Alameda County agrees to pay the state’s share of Medi-Cal expenditures and the state’s administrative costs for benefits under this section.
(b) Benefits available pursuant to this section shall continue until the date of the individual’s adjudication.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of all-county letters or similar instructions without taking regulatory action. 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.
(d) This section shall be implemented only if, and to the extent that, both of the following occur:
(1) The department receives written confirmation from the federal Centers for Medicare and Medicaid Services that federal financial participation is available to implement this section pursuant to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(2) The director executes a declaration that states that implementation of this section will not jeopardize the state’s ability to receive federal financial participation or any increase in federal medical assistance percentage (FMAP) available on or after October 1, 2008, or additional federal funds that the director, in consultation with the Department of Finance, has determined would be advantageous to the state.
(e) (1) If at any time the director determines that the statement in the declaration executed pursuant to paragraph (2) of subdivision (d) may no longer be accurate, the director shall give notice to the Joint Legislative Budget Committee and to the Department of Finance. Thereafter, if the director determines in consultation with the Department of Finance that it is necessary to cease implementation of this section in order to receive federal financial participation or any increase in FMAP available on or after October 1, 2008, or additional federal funds that the director, in consultation with the Department of Finance, has determined would be advantageous to the state, the director shall cease implementation of this section.
(2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement paragraph (1) by means of all-county letters or similar instruction without taking regulatory action.
(f) If this section is implemented pursuant to subdivision (d), it shall be implemented commencing on the date that both conditions described in subdivision (d) have been satisfied.
SEC. 3.
 The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Alameda. In that respect, historically there have been difficulties in integrating services, including health care services, for youths involved with the juvenile justice system in Alameda County.