California 2023 2023-2024 Regular Session

California Assembly Bill AB2446 Amended / Bill

Filed 03/19/2024

                    Amended IN  Assembly  March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2446Introduced by Assembly Member Ortega(Coauthors: Assembly Members Davies and Pellerin) Boerner, Davies, and Pellerin)(Coauthor: Senator Blakespear)February 13, 2024An act to add Section 14132.33 to the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGESTAB 2446, as amended, Ortega. Medi-Cal: diapers.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive healthcare services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes a schedule of covered benefits under the Medi-Cal program, including incontinence supplies.This bill would add to the schedule of Medi-Cal benefits diapers for infants or toddlers with certain conditions, such as a urinary tract infection and colic, among others. The bill would establish diapers as a covered benefit for a child greater than 3 years of age who has been screened for or diagnosed with a condition that contributes to incontinence. incontinence and would establish diapers as a covered benefit for individuals under 21 years of age, if necessary to correct or ameliorate a condition pursuant to specified standards. The bill would require the department to seek any and all available federal funding to implement this provision and would implement these provision only to the extent that the department obtains any necessary federal approvals or waivers. any necessary federal approval to implement this section.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 14132.33 is added to the Welfare and Institutions Code, to read:14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:(1) Urinary tract infection.(2) Colic.(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)). (c)(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.

 Amended IN  Assembly  March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2446Introduced by Assembly Member Ortega(Coauthors: Assembly Members Davies and Pellerin) Boerner, Davies, and Pellerin)(Coauthor: Senator Blakespear)February 13, 2024An act to add Section 14132.33 to the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGESTAB 2446, as amended, Ortega. Medi-Cal: diapers.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive healthcare services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes a schedule of covered benefits under the Medi-Cal program, including incontinence supplies.This bill would add to the schedule of Medi-Cal benefits diapers for infants or toddlers with certain conditions, such as a urinary tract infection and colic, among others. The bill would establish diapers as a covered benefit for a child greater than 3 years of age who has been screened for or diagnosed with a condition that contributes to incontinence. incontinence and would establish diapers as a covered benefit for individuals under 21 years of age, if necessary to correct or ameliorate a condition pursuant to specified standards. The bill would require the department to seek any and all available federal funding to implement this provision and would implement these provision only to the extent that the department obtains any necessary federal approvals or waivers. any necessary federal approval to implement this section.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 19, 2024

Amended IN  Assembly  March 19, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2446

Introduced by Assembly Member Ortega(Coauthors: Assembly Members Davies and Pellerin) Boerner, Davies, and Pellerin)(Coauthor: Senator Blakespear)February 13, 2024

Introduced by Assembly Member Ortega(Coauthors: Assembly Members Davies and Pellerin) Boerner, Davies, and Pellerin)(Coauthor: Senator Blakespear)
February 13, 2024

An act to add Section 14132.33 to the Welfare and Institutions Code, relating to Medi-Cal. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2446, as amended, Ortega. Medi-Cal: diapers.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive healthcare services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes a schedule of covered benefits under the Medi-Cal program, including incontinence supplies.This bill would add to the schedule of Medi-Cal benefits diapers for infants or toddlers with certain conditions, such as a urinary tract infection and colic, among others. The bill would establish diapers as a covered benefit for a child greater than 3 years of age who has been screened for or diagnosed with a condition that contributes to incontinence. incontinence and would establish diapers as a covered benefit for individuals under 21 years of age, if necessary to correct or ameliorate a condition pursuant to specified standards. The bill would require the department to seek any and all available federal funding to implement this provision and would implement these provision only to the extent that the department obtains any necessary federal approvals or waivers. any necessary federal approval to implement this section.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive healthcare services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes a schedule of covered benefits under the Medi-Cal program, including incontinence supplies.

This bill would add to the schedule of Medi-Cal benefits diapers for infants or toddlers with certain conditions, such as a urinary tract infection and colic, among others. The bill would establish diapers as a covered benefit for a child greater than 3 years of age who has been screened for or diagnosed with a condition that contributes to incontinence. incontinence and would establish diapers as a covered benefit for individuals under 21 years of age, if necessary to correct or ameliorate a condition pursuant to specified standards. The bill would require the department to seek any and all available federal funding to implement this provision and would implement these provision only to the extent that the department obtains any necessary federal approvals or waivers. any necessary federal approval to implement this section.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 14132.33 is added to the Welfare and Institutions Code, to read:14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:(1) Urinary tract infection.(2) Colic.(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)). (c)(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.

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 14132.33 is added to the Welfare and Institutions Code, to read:14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:(1) Urinary tract infection.(2) Colic.(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)). (c)(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.

SECTION 1. Section 14132.33 is added to the Welfare and Institutions Code, to read:

### SECTION 1.

14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:(1) Urinary tract infection.(2) Colic.(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)). (c)(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.

14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:(1) Urinary tract infection.(2) Colic.(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)). (c)(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.

14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:(1) Urinary tract infection.(2) Colic.(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)). (c)(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.



14132.33. (a) Diapers are a covered benefit for infants or toddlers with any of the following conditions:

(1) Urinary tract infection.

(2) Colic.

(3) Any disease of the skin that, in the judgment of a clinician, is related to inadequate diaper hygiene and is at risk of reoccurrence that could be substantially mitigated by a prescription for diapers.

(b) (1)Notwithstanding any other law, diapers are a covered benefit for any child greater than three years of age who has been screened for or diagnosed or for whom a diagnosis is being sought for with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.

(2)For the purposes of this subdivision, mental health condition includes exposure to any traumatic event or other factor that is delaying development of or disrupting appropriate toileting behavior.



(c) Notwithstanding any other law, diapers are a covered benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the Social Security Act (42 U.S.C. Sec. 1396d(r)).

(c)



(d) The department shall seek and is authorized to use any and all available federal funding, including, but not limited to, funding available through the Early and Periodic Screening, Diagnosis, and Treatment program, pursuant to Section 1396a or 1396d of Title 42 of the United States Code, or a waiver pursuant to Section 1315 of Title 42 of the United States Codes, to implement this section. any necessary federal approval to implement this section.

(d)This section shall be implemented only to the extent that the department obtains any necessary federal approvals or waivers.