Today's Law As Amended


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AB-914 Medi-Cal: inmates: eligibility.(2019-2020)



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,  14053.7  and 14184.800, 14053.8,  benefits provided under this chapter to an individual who is an inmate of a public institution shall be suspended in accordance with Section 1396d(a)(29)(A) 1396d(a)(30)(A)  of Title 42 of the United States Code as provided in subdivisions (c) and (d). subdivision (c). 
(b) A county  County  welfare department departments  shall notify the department within 10 days of receiving information that an individual on Medi-Cal in the county is or will be an inmate of a public institution.
(c) Until October 1, 2020, if  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  Subject to subdivision (f),  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. according to the following: 
(d) Commencing 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 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  26 years of age or older,  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  Until October 1, 2020, for an individual under 26 years of age,  suspension shall end in accordance with Section 1396a(a)(84) of Title 42 of the United States Code,  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 later. sooner, unless otherwise set forth under federal law, including, but not limited to, the federal SUPPORT for Patients and Communities Act (House Resolution 6 (2018) (Public Law 115-271)). 
(3) Commencing October 1, 2020, for an individual under 26 years of age, suspension shall end on the date the individual is no longer an inmate of a public institution or is no longer otherwise eligible for benefits under the Medi-Cal program, whichever is sooner.
(e) (d)  (1)  The department, in consultation with stakeholders, including the County Welfare Directors Association of California and advocates, shall develop and implement a simplified annual  redetermination of eligibility, to the extent required by federal law, pursuant to  as described in  Section 14005.37, for individuals referenced in paragraph (2) of subdivision (d)  under 26 years of age  whose eligibility is suspended pursuant to this section.
(2) It is the intent of the Legislature that paragraph (1) supplement, not supplant, any existing programs established or implemented by the department to assist individuals in enrolling in the Medi-Cal program.
(f) (e)  This section does not 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.
(g) (f)  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  approvals, including waivers, are  obtained.
(g) If any provision of this section is in conflict, or does not comply, with federal law, only that provision shall be inoperative.
(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.
(i) 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, 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.
(j) 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.
(k) 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.
(l) 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 Systems, 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.
 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.