California Assembly Bill AB1864 Latest Draft

 BILL NUMBER: AB 1864AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2010 INTRODUCED BY Assembly Members Audra Strickland and Galgiani FEBRUARY 12, 2010 An act to amend Section 16531.1 of the Government Code, relating to Medi-Cal, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1864, as amended, Audra Strickland. Medi-Cal: HIV drug treatment: developmental services: provider reimbursement. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. Existing law creates the continuously appropriated Medical Providers Interim Payment Fund, for the purposes of paying Medi-Cal providers, providers of drug treatment services for persons infected with HIV, and providers of services for the developmentally disabled, on and after July 1 and before September 1, of the fiscal year for which a budget has not yet been enacted or there is a deficiency in the Medi-Cal budget in any fiscal year, and transfers or appropriates, for each fiscal year in which these payments are necessary, up to $1,000,000,000 from the General Fund, in the form of loans, and $1,000,000,000 from the Federal Trust Fund, to the Medical Providers Interim Payment Fund.  This bill would, instead, provide that these transfers to the Medical Providers Interim Payment Fund shall be in an amount sufficient to make continued payments to the above-described providers on or after July 1 of the fiscal year for which no budget has been enacted until the date upon which a budget is enacted for that year or when there is a deficiency in the Medi-Cal budget. To the extent that the bill would increase the amount transferred into a continuously appropriated fund, this bill would make an appropriation.   This bill would increase, to an amount not to exceed $2,500,000,000, the annual appropriation from the General Fund and from the Federal Trust Fund to the Medical Providers Interim Payment Fund. By increasing the amount transferred into a continuously appropriated fund, this bill would make an appropriation. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 16531.1 of the   Government Code   is amended to read:  16531.1. (a) Notwithstanding any other provision of law and without regard to fiscal year, if the annual State Budget is not enacted by June 30 of any fiscal year preceding the fiscal year to which the budget would apply or there is a deficiency in the Medi-Cal budget during any fiscal year, both of the following shall occur: (1) The Controller shall annually transfer from the General Fund, in the form of one or more loans, an amount not to exceed a cumulative total of  one   two  billion  five hundred million  dollars  ($1,000,000,000)   ($2,500,000,000)  in any fiscal year, to the Medical Providers Interim Payment Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the Medical Providers Interim Payment Fund is hereby continuously appropriated for the purpose of making payments to Medi-Cal providers, providers of services under Chapter 6 (commencing with Section 120950) of Part 4 of Division 105 of the Health and Safety Code, and providers of services under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, on or after July 1 of the fiscal year for which no budget has been enacted and before September 1 of that year or for the purpose of making payments to Medi-Cal providers, providers of services under Chapter 6 (commencing with Section 120950) of Part 4 of Division 105 of the Health and Safety Code, and providers of services under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, during the period in which the Medi-Cal program has a deficiency. Payments shall be made pursuant to this subdivision if both of the following conditions have been met: (A) An invoice has been submitted for the services. (B) Payment for the services is due and payable and the State Department of Health  Care  Services determines that payment would be valid. (2) For any fiscal year to which this subdivision applies, there is hereby appropriated the sum of  one   two  billion  five hundred million  dollars  ($1,000,000,000)   ($2,500,000,000)  from the Federal Trust Fund to the Medical Providers Interim Payment Fund. (b) Upon the enactment of the annual Budget Act or a deficiency bill in any fiscal year to which subdivision (a) applies, the Controller shall transfer all expenditures and unexpended funds in the Medical Providers Interim Payment Fund to the appropriate Budget Act item. (c) The amount of any loan made pursuant to subdivision (a) and for which moneys were expended from the Medical Providers Interim Payment Fund shall be repaid by debiting the appropriate Budget Act item in accordance with the procedure prescribed by the Department of Finance.  SECTION 1.   Section 16531.1 of the Government Code is amended to read: 16531.1. (a) Notwithstanding any other provision of law and without regard to fiscal year, if the annual State Budget is not enacted by June 30 of any fiscal year preceding the fiscal year to which the budget would apply or there is a deficiency in the Medi-Cal budget during any fiscal year, both of the following shall occur: (1) (A) The Controller shall transfer from the General Fund, in the form of one or more loans, an amount sufficient to make continued payments to Medi-Cal providers, providers of services under Chapter 6 (commencing with Section 120950) of Part 4 of Division 105 of the Health and Safety Code, and providers of services under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, to the Medical Providers Interim Payment Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, the Medical Providers Interim Payment Fund is hereby continuously appropriated without regard to fiscal year for the purpose of making payments in either of the following ways: (i) On or after July 1 of the fiscal year for which no budget has been enacted, and until the date upon which a budget is enacted for that year, to Medi-Cal providers, providers of services under Chapter 6 (commencing with Section 120950) of Part 4 of Division 105 of the Health and Safety Code, and providers of services under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code. (ii) During the period in which the Medi-Cal program has a deficiency, to Medi-Cal providers. (B) Payments shall be made pursuant to this subdivision if both of the following conditions have been met: (i) An invoice has been submitted for the services. (ii) Payment for the services is due and payable and the State Department of Health Services determines that payment would be valid. (2) For any fiscal year to which this subdivision applies, there is hereby appropriated an amount of money that is sufficient to make additional continued payments to the providers described in paragraph (1) on or after July 1 of the fiscal year in which no budget has been enacted and until the date upon which a budget is enacted for that year, or during the period in which the Medi-Cal program has a deficiency, from the Federal Trust Fund to the Medical Providers Interim Payment Fund. (b) Upon the enactment of the annual Budget Act or a deficiency bill in any fiscal year to which subdivision (a) applies, the Controller shall transfer all expenditures and unexpended funds in the Medical Providers Interim Payment Fund to the appropriate Budget Act item. (c) The amount of any loan made pursuant to subdivision (a) and for which moneys were expended from the Medical Providers Interim Payment Fund shall be repaid by debiting the appropriate Budget Act item in accordance with the procedure prescribed by the Department of Finance.