California 2023 2023-2024 Regular Session

California Assembly Bill AB2446 Enrolled / Bill

Filed 09/03/2024

                    Enrolled  September 03, 2024 Passed IN  Senate  August 28, 2024 Passed IN  Assembly  August 29, 2024 Amended IN  Senate  August 23, 2024 Amended IN  Senate  August 15, 2024 Amended IN  Assembly  May 16, 2024 Amended IN  Assembly  April 04, 2024 Amended IN  Assembly  March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2446Introduced by Assembly Member Ortega(Coauthors: Assembly Members Aguiar-Curry, 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, 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 health care services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Under existing law, incontinence medical supplies are covered by the Medi-Cal program.This bill would establish diapers as a covered Medi-Cal benefit for a child greater than 3 years of age who has been diagnosed with a condition, as specified, that contributes to incontinence, and for an individual under 21 years of age if necessary to correct or ameliorate a condition pursuant to certain federal standards. The bill would limit the provided diapers to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary.The bill would require the department to seek any necessary federal approvals to implement these provisions. The bill would condition implementation of these provisions on receipt of any necessary federal approvals, the availability of federal financial participation, and an appropriation by the Legislature.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) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). (c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. (d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.(e) Implementation of this section is contingent upon an appropriation by the Legislature. 

 Enrolled  September 03, 2024 Passed IN  Senate  August 28, 2024 Passed IN  Assembly  August 29, 2024 Amended IN  Senate  August 23, 2024 Amended IN  Senate  August 15, 2024 Amended IN  Assembly  May 16, 2024 Amended IN  Assembly  April 04, 2024 Amended IN  Assembly  March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2446Introduced by Assembly Member Ortega(Coauthors: Assembly Members Aguiar-Curry, 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, 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 health care services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Under existing law, incontinence medical supplies are covered by the Medi-Cal program.This bill would establish diapers as a covered Medi-Cal benefit for a child greater than 3 years of age who has been diagnosed with a condition, as specified, that contributes to incontinence, and for an individual under 21 years of age if necessary to correct or ameliorate a condition pursuant to certain federal standards. The bill would limit the provided diapers to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary.The bill would require the department to seek any necessary federal approvals to implement these provisions. The bill would condition implementation of these provisions on receipt of any necessary federal approvals, the availability of federal financial participation, and an appropriation by the Legislature.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 03, 2024 Passed IN  Senate  August 28, 2024 Passed IN  Assembly  August 29, 2024 Amended IN  Senate  August 23, 2024 Amended IN  Senate  August 15, 2024 Amended IN  Assembly  May 16, 2024 Amended IN  Assembly  April 04, 2024 Amended IN  Assembly  March 19, 2024

Enrolled  September 03, 2024
Passed IN  Senate  August 28, 2024
Passed IN  Assembly  August 29, 2024
Amended IN  Senate  August 23, 2024
Amended IN  Senate  August 15, 2024
Amended IN  Assembly  May 16, 2024
Amended IN  Assembly  April 04, 2024
Amended IN  Assembly  March 19, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2446

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

Introduced by Assembly Member Ortega(Coauthors: Assembly Members Aguiar-Curry, 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, 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 health care services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Under existing law, incontinence medical supplies are covered by the Medi-Cal program.This bill would establish diapers as a covered Medi-Cal benefit for a child greater than 3 years of age who has been diagnosed with a condition, as specified, that contributes to incontinence, and for an individual under 21 years of age if necessary to correct or ameliorate a condition pursuant to certain federal standards. The bill would limit the provided diapers to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary.The bill would require the department to seek any necessary federal approvals to implement these provisions. The bill would condition implementation of these provisions on receipt of any necessary federal approvals, the availability of federal financial participation, and an appropriation by the Legislature.

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 health care services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Under existing law, incontinence medical supplies are covered by the Medi-Cal program.

This bill would establish diapers as a covered Medi-Cal benefit for a child greater than 3 years of age who has been diagnosed with a condition, as specified, that contributes to incontinence, and for an individual under 21 years of age if necessary to correct or ameliorate a condition pursuant to certain federal standards. The bill would limit the provided diapers to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary.

The bill would require the department to seek any necessary federal approvals to implement these provisions. The bill would condition implementation of these provisions on receipt of any necessary federal approvals, the availability of federal financial participation, and an appropriation by the Legislature.

## 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) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). (c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. (d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.(e) Implementation of this section is contingent upon an appropriation by the Legislature. 

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) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). (c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. (d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.(e) Implementation of this section is contingent upon an appropriation by the Legislature. 

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

### SECTION 1.

14132.33. (a) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). (c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. (d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.(e) Implementation of this section is contingent upon an appropriation by the Legislature. 

14132.33. (a) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). (c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. (d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.(e) Implementation of this section is contingent upon an appropriation by the Legislature. 

14132.33. (a) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). (c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. (d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.(e) Implementation of this section is contingent upon an appropriation by the Legislature. 



14132.33. (a) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.

(b) Notwithstanding any other law, diapers are a covered Medi-Cal 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 (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)). 

(c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary. 

(d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.

(e) Implementation of this section is contingent upon an appropriation by the Legislature.