| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2170Introduced by Assembly Member Blanca RubioFebruary 11, 2020 An act to amend Section 14011.10 of the Welfare and Institutions Code, relating to Medi-Cal.LEGISLATIVE COUNSEL'S DIGESTAB 2170, as introduced, Blanca Rubio. Eligibility: redetermination.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. Existing law provides for the suspension of Medi-Cal benefits to an inmate of a public institution, and requires county welfare departments to notify the department within 10 days of receiving information that an individual who is receiving Medi-Cal is or will be an inmate of a public institution. Existing law generally requires a county to redetermine a Medi-Cal beneficiarys eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiarys circumstances that may affect their eligibility for Medi-Cal benefits.This bill would require a county welfare department to conduct a redetermination of eligibility for the Medi-Cal program for any juvenile who is either detained at a juvenile detention center or an inmate of a public institution, and would provide that Medi-Cal eligibility be restored upon their release from that facility if they meet eligibility requirements. Because counties are required to make Medi-Cal eligibility determinations, and the bill would expand Medi-Cal determinations of eligibility for eligible juveniles in public institutions, the 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows: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 and 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) of Title 42 of the United States Code as provided in subdivision (c).(b) County welfare departments A county welfare department 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) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner.(d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual.(2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility.(d)(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.(e)(f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.(f)(g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.(g)(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.(h)(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, 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.(i)(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.(j)(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.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. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2170Introduced by Assembly Member Blanca RubioFebruary 11, 2020 An act to amend Section 14011.10 of the Welfare and Institutions Code, relating to Medi-Cal.LEGISLATIVE COUNSEL'S DIGESTAB 2170, as introduced, Blanca Rubio. Eligibility: redetermination.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. Existing law provides for the suspension of Medi-Cal benefits to an inmate of a public institution, and requires county welfare departments to notify the department within 10 days of receiving information that an individual who is receiving Medi-Cal is or will be an inmate of a public institution. Existing law generally requires a county to redetermine a Medi-Cal beneficiarys eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiarys circumstances that may affect their eligibility for Medi-Cal benefits.This bill would require a county welfare department to conduct a redetermination of eligibility for the Medi-Cal program for any juvenile who is either detained at a juvenile detention center or an inmate of a public institution, and would provide that Medi-Cal eligibility be restored upon their release from that facility if they meet eligibility requirements. Because counties are required to make Medi-Cal eligibility determinations, and the bill would expand Medi-Cal determinations of eligibility for eligible juveniles in public institutions, the 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 2170 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member Blanca RubioFebruary 11, 2020 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Blanca Rubio |
|---|
| 18 | 18 | | February 11, 2020 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Section 14011.10 of the Welfare and Institutions Code, relating to Medi-Cal. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 2170, as introduced, Blanca Rubio. Eligibility: redetermination. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | 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. Existing law provides for the suspension of Medi-Cal benefits to an inmate of a public institution, and requires county welfare departments to notify the department within 10 days of receiving information that an individual who is receiving Medi-Cal is or will be an inmate of a public institution. Existing law generally requires a county to redetermine a Medi-Cal beneficiarys eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiarys circumstances that may affect their eligibility for Medi-Cal benefits.This bill would require a county welfare department to conduct a redetermination of eligibility for the Medi-Cal program for any juvenile who is either detained at a juvenile detention center or an inmate of a public institution, and would provide that Medi-Cal eligibility be restored upon their release from that facility if they meet eligibility requirements. Because counties are required to make Medi-Cal eligibility determinations, and the bill would expand Medi-Cal determinations of eligibility for eligible juveniles in public institutions, the 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 the statutory provisions noted above. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | 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. Existing law provides for the suspension of Medi-Cal benefits to an inmate of a public institution, and requires county welfare departments to notify the department within 10 days of receiving information that an individual who is receiving Medi-Cal is or will be an inmate of a public institution. Existing law generally requires a county to redetermine a Medi-Cal beneficiarys eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiarys circumstances that may affect their eligibility for Medi-Cal benefits. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would require a county welfare department to conduct a redetermination of eligibility for the Medi-Cal program for any juvenile who is either detained at a juvenile detention center or an inmate of a public institution, and would provide that Medi-Cal eligibility be restored upon their release from that facility if they meet eligibility requirements. Because counties are required to make Medi-Cal eligibility determinations, and the bill would expand Medi-Cal determinations of eligibility for eligible juveniles in public institutions, the bill would impose a state-mandated local program. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | 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. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | 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 the statutory provisions noted above. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | ## Digest Key |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | ## Bill Text |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | The people of the State of California do enact as follows: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 and 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) of Title 42 of the United States Code as provided in subdivision (c).(b) County welfare departments A county welfare department 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) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner.(d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual.(2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility.(d)(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.(e)(f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.(f)(g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.(g)(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.(h)(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, 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.(i)(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.(j)(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.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. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | The people of the State of California do enact as follows: |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | ## The people of the State of California do enact as follows: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | 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 and 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) of Title 42 of the United States Code as provided in subdivision (c).(b) County welfare departments A county welfare department 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) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner.(d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual.(2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility.(d)(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.(e)(f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.(f)(g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.(g)(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.(h)(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, 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.(i)(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.(j)(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. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | SECTION 1. Section 14011.10 of the Welfare and Institutions Code is amended to read: |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | ### SECTION 1. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 14011.10. (a) Except as provided in Sections 14053.7 and 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) of Title 42 of the United States Code as provided in subdivision (c).(b) County welfare departments A county welfare department 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) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner.(d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual.(2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility.(d)(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.(e)(f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.(f)(g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.(g)(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.(h)(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, 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.(i)(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.(j)(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. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | 14011.10. (a) Except as provided in Sections 14053.7 and 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) of Title 42 of the United States Code as provided in subdivision (c).(b) County welfare departments A county welfare department 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) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner.(d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual.(2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility.(d)(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.(e)(f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.(f)(g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.(g)(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.(h)(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, 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.(i)(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.(j)(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. |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 14011.10. (a) Except as provided in Sections 14053.7 and 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) of Title 42 of the United States Code as provided in subdivision (c).(b) County welfare departments A county welfare department 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) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner.(d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual.(2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility.(d)(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.(e)(f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained.(f)(g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative.(g)(h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later.(h)(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, 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.(i)(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.(j)(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. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | 14011.10. (a) Except as provided in Sections 14053.7 and 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) of Title 42 of the United States Code as provided in subdivision (c). |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (b) County welfare departments A county welfare department 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. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (c) If an individual is a Medi-Cal beneficiary on the date he or she becomes they become an inmate of a public institution, his or her and their benefits under this chapter and under Chapter 8 (commencing with Section 14200) shall be suspended effective the date he or she becomes are suspended pursuant to this section, the effective date of the suspension is the date that they become an inmate of a public institution. The suspension shall end on the date he or she is they are no longer an inmate of a public institution or one year from the date he or she becomes they become an inmate of a public institution, whichever is sooner. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (d) (1) If an individual is a juvenile who is either detained at a juvenile detention center or an inmate of a public institution, the county welfare department shall conduct a redetermination of eligibility for the Medi-Cal program, as specified in Section 14005.37, before the juveniles release from that facility. For purposes of conducting the redetermination, the county welfare department shall not require a new application from the individual. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (2) If the county welfare department determines, pursuant to the redetermination specified in paragraph (1), that the individual meets eligibility requirements for the Medi-Cal program, Medi-Cal eligibility shall be restored upon the individuals release from that facility. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (d) |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (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. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (e) |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (f) This section shall be implemented only if and to the extent allowed by federal law. This section shall be implemented only to the extent that any necessary federal approval of state plan amendments or other federal approvals are obtained. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (f) |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | (g) If any part of this section is in conflict with or does not comply with federal law, this entire section shall be inoperative. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | (g) |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | (h) This section shall be implemented on January 1, 2010, or the date when all necessary federal approvals are obtained, whichever is later. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (h) |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (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, 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. |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (i) |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (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. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (j) |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (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. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | 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. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | 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. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | 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. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | ### SEC. 2. |
|---|