California Assembly Bill AB720 Amended / Bill

 BILL NUMBER: AB 720AMENDED BILL TEXT AMENDED IN SENATE JULY 9, 2013 AMENDED IN SENATE JUNE 24, 2013 AMENDED IN ASSEMBLY MAY 24, 2013 AMENDED IN ASSEMBLY APRIL 11, 2013 INTRODUCED BY Assembly Member Skinner FEBRUARY 21, 2013 An act to add Section 4011.11 to the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGEST AB 720, as amended, Skinner. Inmates: health care enrollment. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, 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.  Commencing   Existing federal law prohibits federal financial participation for medical care provided to inmates of a public institution, except when the inmate is a patient in a medical institution.   Commencing  January 1, 2014, the federal Patient Protection and Affordable Care Act expands eligibility under the Medicaid Program for certain groups    and enacts various other health care coverage market reforms that take effect on that date  . Existing federal law  prohibits persons who are involuntarily incarcerated in jail from obtaining these services, but permits persons detained in jail, but not sentenced to jail, to be eligible for services, as specified.   requires the Secretary of Health and Human Services to develop and provide to each state a single, streamlined form that may be used to apply for all state health subsidy   programs, as defined, within th   e state.  This bill would require the board of supervisors in each county to designate an entity  , as defined,  to assist certain jail inmates to apply for a health insurance affordability program, as defined. The bill would provide that county jail inmates who are currently enrolled in the Medi-Cal program  and who would become ineligible for benefits because of detention retain enrollment in that program, unless   shall not be terminated from the program due to their detention, unless required by federal law or they become  otherwise ineligible, as specified. The bill would require the State Department of Health Care Services to establish, subject to federal law, a process to enable counties to obtain federal financial participation for these provisions. By imposing additional duties on local governments, 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 these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4011.11 is added to the Penal Code, to read: 4011.11. (a) (1) The board of supervisors in each county shall designate an entity to assist county jail inmates described in subdivision (c) with submitting an application for a health insurance affordability program consistent with federal requirements. (2) The board of supervisors shall not designate the county sheriff as the entity to assist with submitting an application for a health insurance affordability program for county jail inmates described in subdivision (c) unless the county sheriff agrees to perform this function. (3) If the board of supervisors designates a community-based organization as the entity to assist with submitting an application for a health insurance affordability program for county jail inmates described in subdivision (c), the designation shall be subject to approval by the jail administrator, or his or her designee. (b) The jail administrator, or his or her designee, shall coordinate with the entity designated pursuant to subdivision (a). (c) The entity designated pursuant to subdivision (a) shall assist county jail inmates with submitting an application for a health insurance affordability program if all of the following conditions are met: (1) The inmate has been in detention for at least 72 hours  following remand into custody by a court or magistrate  . (2) The inmate appears potentially eligible to be enrolled in the health insurance affordability program upon release. (3) The inmate does not currently have health care coverage. (d) Consistent with federal regulations, county jail inmates who are currently enrolled in the Medi-Cal program shall not be terminated from the program due to their detention unless required by federal law, or they become otherwise ineligible. (e) Notwithstanding any other provision of law, and only to the extent that federal law allows, the State Department of Health Care Services shall establish a process to enable counties to obtain the maximum available federal financial participation for administrative activities related to this section. (f) Notwithstanding any other law, the entity designated pursuant to subdivision (a) is authorized to act on behalf of a county jail inmate, for purposes of applying for or a determination of eligibility for a health insurance affordability program.  (g) For purposes of this section, the following definitions apply:   (1) "Entity" means an individual, governmental agency, or community-based organization.   (2) "Health   (g)     For purposes of this section, "   health  insurance affordability program" means a program that is one of the following:  (A)   (1)  The state's Medi-Cal program under Title XIX of the federal Social Security Act.  (B)   (2)  The state's children's health insurance program (CHIP) under title XXI of the federal Social Security Act.  (C)   (3)  A program that makes coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code available to qualified individuals.  (D)   (4)  A program that makes available coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with cost-sharing reductions established under Section 1402 of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and any subsequent amendments to that act. (h) 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 this section by means of all-county letters or similar instructions, without taking regulatory action. 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.