Amended IN Assembly April 09, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1088Introduced by Assembly Member WoodFebruary 21, 2019 An act to add Section 14005.401 to the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGESTAB 1088, as amended, Wood. Medi-Cal: eligibility.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 healthcare health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to exercise its option under federal law to implement a program for aged and disabled persons, as described. Existing law requires an individual under these provisions to satisfy certain financial eligibility requirements. Existing law requires the department, to the extent required by federal law, to implement for Medi-Cal recipients who are qualified Medicare beneficiaries, the payment of Medicare premiums, deductibles, and coinsurance for elderly and disabled persons whose income does not exceed the federal poverty level or 200% of a specified Supplemental Security Income program standard.This bill would provide that an aged, blind, or disabled individual who would otherwise be eligible for Medi-Cal benefits, as described, but for the states contribution to their Medicare premium, would be eligible for Medi-Cal without a share of cost if their income and resources they otherwise meet eligibility requirements. The bill would authorize the department to implement this provision by provider bulletins or similar instructions until regulations are adopted. The bill would require the department to adopt regulations by July 1, 2021, and to provide a status report to the Legislature on a semiannual basis until regulations have been adopted.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14005.401 is added to the Welfare and Institutions Code, immediately following Section 14005.40, to read:14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements.(2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code.(b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted.(2) The department shall adopt regulations by July 1, 2021, 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.(3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.(c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained. Amended IN Assembly April 09, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1088Introduced by Assembly Member WoodFebruary 21, 2019 An act to add Section 14005.401 to the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGESTAB 1088, as amended, Wood. Medi-Cal: eligibility.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 healthcare health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to exercise its option under federal law to implement a program for aged and disabled persons, as described. Existing law requires an individual under these provisions to satisfy certain financial eligibility requirements. Existing law requires the department, to the extent required by federal law, to implement for Medi-Cal recipients who are qualified Medicare beneficiaries, the payment of Medicare premiums, deductibles, and coinsurance for elderly and disabled persons whose income does not exceed the federal poverty level or 200% of a specified Supplemental Security Income program standard.This bill would provide that an aged, blind, or disabled individual who would otherwise be eligible for Medi-Cal benefits, as described, but for the states contribution to their Medicare premium, would be eligible for Medi-Cal without a share of cost if their income and resources they otherwise meet eligibility requirements. The bill would authorize the department to implement this provision by provider bulletins or similar instructions until regulations are adopted. The bill would require the department to adopt regulations by July 1, 2021, and to provide a status report to the Legislature on a semiannual basis until regulations have been adopted.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Amended IN Assembly April 09, 2019 Amended IN Assembly April 09, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1088 Introduced by Assembly Member WoodFebruary 21, 2019 Introduced by Assembly Member Wood February 21, 2019 An act to add Section 14005.401 to the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1088, as amended, Wood. Medi-Cal: eligibility. 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 healthcare health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to exercise its option under federal law to implement a program for aged and disabled persons, as described. Existing law requires an individual under these provisions to satisfy certain financial eligibility requirements. Existing law requires the department, to the extent required by federal law, to implement for Medi-Cal recipients who are qualified Medicare beneficiaries, the payment of Medicare premiums, deductibles, and coinsurance for elderly and disabled persons whose income does not exceed the federal poverty level or 200% of a specified Supplemental Security Income program standard.This bill would provide that an aged, blind, or disabled individual who would otherwise be eligible for Medi-Cal benefits, as described, but for the states contribution to their Medicare premium, would be eligible for Medi-Cal without a share of cost if their income and resources they otherwise meet eligibility requirements. The bill would authorize the department to implement this provision by provider bulletins or similar instructions until regulations are adopted. The bill would require the department to adopt regulations by July 1, 2021, and to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. 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 healthcare health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to exercise its option under federal law to implement a program for aged and disabled persons, as described. Existing law requires an individual under these provisions to satisfy certain financial eligibility requirements. Existing law requires the department, to the extent required by federal law, to implement for Medi-Cal recipients who are qualified Medicare beneficiaries, the payment of Medicare premiums, deductibles, and coinsurance for elderly and disabled persons whose income does not exceed the federal poverty level or 200% of a specified Supplemental Security Income program standard. This bill would provide that an aged, blind, or disabled individual who would otherwise be eligible for Medi-Cal benefits, as described, but for the states contribution to their Medicare premium, would be eligible for Medi-Cal without a share of cost if their income and resources they otherwise meet eligibility requirements. The bill would authorize the department to implement this provision by provider bulletins or similar instructions until regulations are adopted. The bill would require the department to adopt regulations by July 1, 2021, and to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 14005.401 is added to the Welfare and Institutions Code, immediately following Section 14005.40, to read:14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements.(2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code.(b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted.(2) The department shall adopt regulations by July 1, 2021, 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.(3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.(c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 14005.401 is added to the Welfare and Institutions Code, immediately following Section 14005.40, to read:14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements.(2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code.(b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted.(2) The department shall adopt regulations by July 1, 2021, 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.(3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.(c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained. SECTION 1. Section 14005.401 is added to the Welfare and Institutions Code, immediately following Section 14005.40, to read: ### SECTION 1. 14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements.(2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code.(b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted.(2) The department shall adopt regulations by July 1, 2021, 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.(3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.(c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained. 14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements.(2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code.(b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted.(2) The department shall adopt regulations by July 1, 2021, 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.(3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.(c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained. 14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements.(2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code.(b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted.(2) The department shall adopt regulations by July 1, 2021, 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.(3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.(c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained. 14005.401. (a) An aged, blind, or disabled (1) Except as provided in paragraph (2), an individual who would otherwise be eligible for Medi-Cal benefits under Section14005.40, pursuant to this chapter, including, but not limited to, Section 14005.40, 14005.7, or 14007.9, if not for the state buy-in of their Medicare Part B premiums, shall be eligible for Medi-Cal without a share of cost if their income and resources otherwise meet all eligibility requirements. (2) This section shall not apply to an applicant or Medi-Cal beneficiary whose eligibility is determined using the modified adjusted gross income-based financial methods, as prescribed in Section 1396a(e)(14) of Title 42 of the United States Code. (b) (1) 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, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted. (2) The department shall adopt regulations by July 1, 2021, 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. (3) Commencing six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. (c) This section shall be implemented only if, and to the extent that, federal financial participation is available and necessary federal approvals have been obtained.