CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 289Introduced by Senator ArchuletaFebruary 14, 2019 An act to add Section 14132.993 to the Welfare and Institutions Code, relating to Medi-Cal.LEGISLATIVE COUNSEL'S DIGESTSB 289, as introduced, Archuleta. Medi-Cal: home- and community-based services: military.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive healthcare services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal law provides for various home- and community-based services (HCBS), as part of a waiver or a state plan amendment under the Medicaid program, to promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community.This bill would require the continued Medi-Cal HCBS eligibility or waiting list status of a Medi-Cal beneficiary who is a dependent child or spouse of an active duty military service member, if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.The bill would authorize an individual who is eligible for Medi-Cal HCBS to enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either (1) the military service member receives a military order to transfer to this state, or (2) the individual was receiving similar Medicaid HCBS in the last state of residence.The bill would condition the implementation of these provisions on receipt of any necessary federal approvals and the availability of federal financial participation, and would require the department to seek federal waivers, or to submit an amendment of the state plan, as necessary to implement these provisions.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 14132.993 is added to the Welfare and Institutions Code, to read:14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.(2) The individual was receiving similar Medicaid HCBS in the last state of residence.(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 289Introduced by Senator ArchuletaFebruary 14, 2019 An act to add Section 14132.993 to the Welfare and Institutions Code, relating to Medi-Cal.LEGISLATIVE COUNSEL'S DIGESTSB 289, as introduced, Archuleta. Medi-Cal: home- and community-based services: military.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive healthcare services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal law provides for various home- and community-based services (HCBS), as part of a waiver or a state plan amendment under the Medicaid program, to promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community.This bill would require the continued Medi-Cal HCBS eligibility or waiting list status of a Medi-Cal beneficiary who is a dependent child or spouse of an active duty military service member, if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.The bill would authorize an individual who is eligible for Medi-Cal HCBS to enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either (1) the military service member receives a military order to transfer to this state, or (2) the individual was receiving similar Medicaid HCBS in the last state of residence.The bill would condition the implementation of these provisions on receipt of any necessary federal approvals and the availability of federal financial participation, and would require the department to seek federal waivers, or to submit an amendment of the state plan, as necessary to implement these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 289
Introduced by Senator ArchuletaFebruary 14, 2019
Introduced by Senator Archuleta
February 14, 2019
An act to add Section 14132.993 to the Welfare and Institutions Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 289, as introduced, Archuleta. Medi-Cal: home- and community-based services: military.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive healthcare services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal law provides for various home- and community-based services (HCBS), as part of a waiver or a state plan amendment under the Medicaid program, to promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community.This bill would require the continued Medi-Cal HCBS eligibility or waiting list status of a Medi-Cal beneficiary who is a dependent child or spouse of an active duty military service member, if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.The bill would authorize an individual who is eligible for Medi-Cal HCBS to enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either (1) the military service member receives a military order to transfer to this state, or (2) the individual was receiving similar Medicaid HCBS in the last state of residence.The bill would condition the implementation of these provisions on receipt of any necessary federal approvals and the availability of federal financial participation, and would require the department to seek federal waivers, or to submit an amendment of the state plan, as necessary to implement these provisions.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive healthcare services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal law provides for various home- and community-based services (HCBS), as part of a waiver or a state plan amendment under the Medicaid program, to promote coverage and services that enable an individual who would otherwise be institutionalized to live at home or in the community.
This bill would require the continued Medi-Cal HCBS eligibility or waiting list status of a Medi-Cal beneficiary who is a dependent child or spouse of an active duty military service member, if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.
The bill would authorize an individual who is eligible for Medi-Cal HCBS to enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either (1) the military service member receives a military order to transfer to this state, or (2) the individual was receiving similar Medicaid HCBS in the last state of residence.
The bill would condition the implementation of these provisions on receipt of any necessary federal approvals and the availability of federal financial participation, and would require the department to seek federal waivers, or to submit an amendment of the state plan, as necessary to implement these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 14132.993 is added to the Welfare and Institutions Code, to read:14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.(2) The individual was receiving similar Medicaid HCBS in the last state of residence.(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.
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 14132.993 is added to the Welfare and Institutions Code, to read:14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.(2) The individual was receiving similar Medicaid HCBS in the last state of residence.(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.
SECTION 1. Section 14132.993 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.(2) The individual was receiving similar Medicaid HCBS in the last state of residence.(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.
14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.(2) The individual was receiving similar Medicaid HCBS in the last state of residence.(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.
14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.(2) The individual was receiving similar Medicaid HCBS in the last state of residence.(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.
14132.993. (a) A Medi-Cal beneficiary who is eligible for Medi-Cal home- and community-based services (HCBS) or is placed on a Medi-Cal HCBS waiting list, and who is a dependent child or spouse of an active duty military service member, shall retain Medi-Cal HCBS eligibility or current waiting list status if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the Medi-Cal beneficiary retains eligibility for those services.
(b) An individual who is eligible for Medi-Cal HCBS may enroll for those services if the individual is a dependent child or spouse of an active duty military service member and either of the following conditions is met:
(1) The military service member receives a military order to transfer to this state. A copy of the order shall be submitted with the application for Medi-Cal HCBS, which may be submitted as soon as the military service member receives the order and before moving to this state.
(2) The individual was receiving similar Medicaid HCBS in the last state of residence.
(c) For purposes of this section, dependent child means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.
(d) (1) This section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.
(2) The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.